8 AI and Intellectual Property

Organisations that develop, deploy or use AI systems should take necessary steps to protect the rights in the resulting works through appropriate and directed application of existing intellectual property rights laws. Governments should investigate how AI authored works may be further protected, without seeking to create any new IP right at this stage.
Principle: The Eight Principles of Responsible AI, May 23, 2019

Published by International Technology Law Association (ITechLaw)

Related Principles

· (1) Human centric

Utilization of AI should not infringe upon fundamental human rights that are guaranteed by the Constitution and international norms. AI should be developed and utilized and implemented in society to expand the abilities of people and to pursue the diverse concepts of happiness of diverse people. In the AI utilized society, it is desirable that we implement appropriate mechanisms of literacy education and promotion of proper uses, so as not to over depend on AI or not to ill manipulate human decisions by exploiting AI. AI can expand human abilities and creativity not only by replacing part of human task but also by assisting human as an advanced instrument. When using AI, people must judge and decide for themselves how to use AI. Appropriate stakeholders involved in the development, provision, and utilization of AI should be responsible for the result of AI utilization, depending on the nature of the issue. In order to avoid creating digital divide and allow all people to reap the benefit of AI regardless of their digital expertise, each stakeholder should take into consideration to user friendliness of the system in the process of AI deployment.

Published by Cabinet Office, Government of Japan in Social Principles of Human-centric AI, Dec 27, 2018

· 2. NEED FOR CONSCIOUS RESPONSIBILITY WHEN CREATING AND USING AI

2.1. Risk based approach. The level of attention to ethical issues in AI and the nature of the relevant actions of AI Actors should be proportional to the assessment of the level of risk posed by specific technologies and AISs and the interests of individuals and society. Risk level assessment must take into account both the known and possible risks; in this case, the level of probability of threats should be taken into account as well as their possible scale in the short and long term. In the field of AI development, making decisions that are significant to society and the state should be accompanied by scientifically verified and interdisciplinary forecasting of socio economic consequences and risks, as well as by the examination of possible changes in the value and cultural paradigm of the development of society, while taking into account national priorities. In pursuance of this Code, the development and use of an AIS risk assessment methodology is recommended. 2.2. Responsible attitude. AI Actors should have a responsible approach to the aspects of AIS that influence society and citizens at every stage of the AIS life cycle. These include privacy; the ethical, safe and responsible use of personal data; the nature, degree and amount of damage that may follow as a result of the use of the technology and AIS; and the selection and use of companion hardware and software. In this case, the responsibility of the AI Actors must correspond to the nature, degree and amount of damage that may occur as a result of the use of technologies and AIS, while taking into account the role of the AI Actor in the life cycle of AIS, as well as the degree of possible and real impact of a particular AI Actor on causing damage, as well as its size. 2.3. Precautions. When the activities of AI Actors can lead to morally unacceptable consequences for individuals and society, the occurrence of which the corresponding AI Actor can reasonably assume, measures should be taken to prevent or limit the occurrence of such consequences. To assess the moral acceptability of consequences and the possible measures to prevent them, Actors can use the provisions of this Code, including the mechanisms specified in Section 2. 2.4. No harm. AI Actors should not allow use of AI technologies for the purpose of causing harm to human life, the environment and or the health or property of citizens and legal entities. Any application of an AIS capable of purposefully causing harm to the environment, human life or health or the property of citizens and legal entities during any stage, including design, development, testing, implementation or operation, is unacceptable. 2.5. Identification of AI in communication with a human. AI Actors are encouraged to ensure that users are informed of their interactions with the AIS when it affects their rights and critical areas of their lives and to ensure that such interactions can be terminated at the request of the user. 2.6. Data security AI Actors must comply with the legislation of the Russian Federation in the field of personal data and secrets protected by law when using an AIS. Furthermore, they must ensure the protection and protection of personal data processed by an AIS or AI Actors in order to develop and improve the AIS by developing and implementing innovative methods of controlling unauthorized access by third parties to personal data and using high quality and representative datasets from reliable sources and obtained without breaking the law. 2.7. Information security. AI Actors should provide the maximum possible protection against unauthorized interference in the work of the AI by third parties by introducing adequate information security technologies, including the use of internal mechanisms for protecting the AIS from unauthorized interventions and informing users and developers about such interventions. They must also inform users about the rules regarding information security when using the AIS. 2.8. Voluntary certification and Code compliance. AI Actors can implement voluntary certification for the compliance of the developed AI technologies with the standards established by the legislation of the Russian Federation and this Code. AI Actors can create voluntary certification and AIS labeling systems that indicate that these systems have passed voluntary certification procedures and confirm quality standards. 2.9. Control of the recursive self improvement of AISs. AI Actors are encouraged to collaborate in the identification and verification of methods and forms of creating universal ("strong") AIS and the prevention of the possible threats that AIS carry. The use of "strong" AI technologies should be under the control of the state.

Published by AI Alliance Russia in Artificial Intelligence Code of Ethics, Oct 26, 2021

· 2. RESPONSIBILITY MUST BE FULLY ACKNOWLEDGED WHEN CREATING AND USING AI

2.1. Risk based approach. The degree of attention paid to ethical AI issues and the nature of the relevant actions of AI Actors should be proportional to the assessment of the level of risk posed by specific AI technologies and systems for the interests of individuals and society. Risk level assessment shall take into account both known and possible risks, whereby the probability level of threats, as well as their possible scale in the short and long term shall be considered. Making decisions in the field of AI use that significantly affect society and the state should be accompanied by a scientifically verified, interdisciplinary forecast of socio economic consequences and risks and examination of possible changes in the paradigm of value and cultural development of the society. Development and use of an AI systems risk assessment methodology are encouraged in pursuance of this Code. 2.2. Responsible attitude. AI Actors should responsibly treat: • issues related to the influence of AI systems on society and citizens at every stage of the AI systems’ life cycle, i.a. on privacy, ethical, safe and responsible use of personal data; • the nature, degree and extent of damage that may result from the use of AI technologies and systems; • the selection and use of hardware and software utilized in different life cycles of AI systems. At the same time, the responsibility of AI Actors should correspond with the nature, degree and extent of damage that may occur as a result of the use of AI technologies and systems. The role in the life cycle of the AI system, as well as the degree of possible and real influence of a particular AI Actor on causing damage and its extent, should also be taken into account. 2.3. Precautions. When the activities of AI Actors can lead to morally unacceptable consequences for individuals and society, which can be reasonably predicted by the relevant AI Actor, the latter, should take measures to prohibit or limit the occurrence of such consequences. AI Actors shall use the provisions of this Code, including the mechanisms specified in Section 2, to assess the moral unacceptability of such consequences and discuss possible preventive measures. 2.4. No harm. AI Actors should not allow the use of AI technologies for the purpose of causing harm to human life and or health, the property of citizens and legal entities and the environment. Any use, including the design, development, testing, integration or operation of an AI system capable of purposefully causing harm to the environment, human life and or health, the property of citizens and legal entities, is prohibited. 2.5. Identification of AI in communication with a human. AI Actors are encouraged to ensure that users are duly informed of their interactions with AI systems when it affects human rights and critical areas of people’s lives and to ensure that such interaction can be terminated at the request of the user. 2.6. Data security. AI Actors must comply with the national legislation in the field of personal data and secrets protected by law when using AI systems; ensure the security and protection of personal data processed by AI systems or by AI Actors in order to develop and improve the AI systems; develop and integrate innovative methods to counter unauthorized access to personal data by third parties and use high quality and representative datasets obtained without breaking the law from reliable sources. 2.7. Information security. AI Actors should ensure the maximum possible protection from unauthorized interference of third parties in the operation of AI systems; integrate adequate information security technologies, i.a. use internal mechanisms designed to protect the AI system from unauthorized interventions and inform users and developers about such interventions; as well as promote the informing of users about the rules of information security during the use of AI systems. 2.8. Voluntary certification and Code compliance. AI Actors may implement voluntary certification systems to assess the compliance of developed AI technologies with the standards established by the national legislation and this Code. AI Actors may create voluntary certification and labeling systems for AI systems to indicate that these systems have passed voluntary certification procedures and confirm quality standards. 2.9. Control of the recursive self improvement of AI systems. AI Actors are encouraged to cooperate in identifying and verifying information about ways and forms of design of so called universal ("general") AI systems and prevention of possible threats they carry. The issues concerning the use of "general" AI technologies should be under the control of the state.

Published by AI Alliance Russia in AI Ethics Code (revised version), Oct 21, 2022 (unconfirmed)

Do no harm

AI systems should not be used in ways that cause or exacerbate harm, whether individual or collective, and including harm to social, cultural, economic, natural, and political environments. All stages of an AI system lifecycle should operate in accordance with the purposes, principles and commitments of the Charter of the United Nations. All stages of an AI system lifecycle should be designed, developed, deployed and operated in ways that respect, protect and promote human rights and fundamental freedoms. The intended and unintended impact of AI systems, at any stage in their lifecycle, should be monitored in order to avoid causing or contributing to harm, including violations of human rights and fundamental freedoms.

Published by United Nations System Chief Executives Board for Coordination in Principles for the Ethical Use of Artificial Intelligence in the United Nations System, Sept 20, 2022

· Proportionality and Do No Harm

25. It should be recognized that AI technologies do not necessarily, per se, ensure human and environmental and ecosystem flourishing. Furthermore, none of the processes related to the AI system life cycle shall exceed what is necessary to achieve legitimate aims or objectives and should be appropriate to the context. In the event of possible occurrence of any harm to human beings, human rights and fundamental freedoms, communities and society at large or the environment and ecosystems, the implementation of procedures for risk assessment and the adoption of measures in order to preclude the occurrence of such harm should be ensured. 26. The choice to use AI systems and which AI method to use should be justified in the following ways: (a) the AI method chosen should be appropriate and proportional to achieve a given legitimate aim; (b) the AI method chosen should not infringe upon the foundational values captured in this document, in particular, its use must not violate or abuse human rights; and (c) the AI method should be appropriate to the context and should be based on rigorous scientific foundations. In scenarios where decisions are understood to have an impact that is irreversible or difficult to reverse or may involve life and death decisions, final human determination should apply. In particular, AI systems should not be used for social scoring or mass surveillance purposes.

Published by The United Nations Educational, Scientific and Cultural Organization (UNESCO) in The Recommendation on the Ethics of Artificial Intelligence, Nov 24, 2021