Don’t Regulate AI with One-Size-Fits-All Approach: Experts Suggest Flexible Rules Besides Digital India Act

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Don’t Regulate AI with One-Size-Fits-All Approach: Experts Suggest Flexible Rules Besides Digital India Act


As synthetic intelligence is shaping the way forward for the world, the query of a authorized framework retains showing. Recently, Union Minister of State for Electronics and IT Rajeev Chandrasekhar talked about the Digital India Act whereas speaking about laws on rising applied sciences.

In a latest reside Twitter session, Chandrasekhar was requested whether or not there will probably be any authorized framework for AI. In response, he acknowledged that Digital India Act has a whole part on what are the go-no-go areas for any expertise earlier than it’s overtly proliferating.

One of the important thing factors included safeguarding innovation to allow rising applied sciences like AI and others.

Under the ‘Online Safety and Trust’, the federal government has additionally proposed the “Definition and Regulation of hi-risk AI systems through a legal, institutional quality testing framework to examine regulatory models, algorithmic accountability, zero-day threat & vulnerability assessment, examine AI based ad-targeting, content moderation etc.”

Similarly, underneath the part of ‘Accountable Internet’, it’s stated: “Accountability for upholding Constitutional rights of the citizens, especially Article 14,19 & 21; Ethical use of AI-based tools to protect rights or choices of users; Provision of a deterrent, effective, proportionate and dissuasive penalties, etc.”

Regulating AI

Nakul Batra, Partner at DSK Legal, advised News18 that Digital India Act is much like European Union’s (EU). “Such controlling measures must be welcomed for a well thought out and calibrated approach to start regulating the development and use of AI,” Batra stated.

Kritika Seth, Founding Partner, Victoriam Legalis-Advocates & Solicitors, stated although the act might assist deal with a few of the authorized and moral challenges related with the event and deployment of AI techniques in India, a authorized framework alone might not be sufficient to deal with all of the complexities of AI.

“One of the key challenges with regulating AI is that it is a rapidly evolving technology, with new applications and use cases emerging all the time. Therefore, any legal framework for AI must be flexible and future-proof to ensure that it can adapt to these changes,” Seth famous.

Tanay Tulsaney, Co-Founder of DigiLantern additionally pressured comparable considerations saying a framework could be the fitting step, but it surely gained’t be sufficient to ensure the moral use of AI in varied industries.

Expert Suggestions

Tulsaney suggested companies to contemplate a multidisciplinary strategy to AI governance, which includes a collaboration between authorized and moral consultants, information scientists, and stakeholders in defining AI governance frameworks that align with organisational targets whereas complying with the foundations.

“Policymakers would need to focus on creating a legal framework that emphasises transparency and accountability that should include measures for data protection and privacy, ethical considerations, and the responsible deployment of AI technology,” he added.

Saurav Kasera, co-Founder of CLIRNET advised News18, that the regulatory framework ought to strengthen the prevailing information safety legal guidelines, mental property legal guidelines and legal responsibility legal guidelines wrapping them up in moral pointers.

“This inherent structure of the law should be agile so that it evolves with new information and inventions. Ethical guidelines will have to prevent bias and discrimination, promote transparency and accountability, and provide a cushion towards the unintended consequences such as job displacement, erroneous data-driven decisions,” he famous.

Meanwhile, Seth famous that when it comes to transparency, a authorized framework might require that AI builders present a transparent clarification of how their algorithms make choices, and set up an impartial physique to observe and consider using AI in crucial sectors.

“A legal framework in India could require that AI systems be designed with privacy in mind and that data protection standards are adhered to throughout the development and deployment of AI systems. It should also consider the ethical implications of AI,” the authorized skilled added.

According to Batra, regulating AI can’t be approached with a one-size-fits-all answer as AI is a flexible expertise that’s supposed to switch human effort and intervention in varied actions, which incorporates crucial sectors resembling defence, drugs, energy and others, and utilization comes with totally different ranges of threat.

“The legal framework for AI must be principle-based so that it can adapt to any form the AI tech takes. The government has already taken a step towards this by releasing NITI Aayog’s strategy papers on #ResponsibleAI,” he famous.

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