Feedback on the Report on AI Governance Guidelines Development: 'Techno-Legal' is an Absurd Concept
From Abhivardhan, via Indic Pacific Legal Research
🔄 Just read the Report on AI Governance Guidelines Development by IndiaAI (Jan 2025). Here's my feedback on the governance aspects that need attention.
You can read my feedback through this article as well: https://www.indicpacific.com/post/beyond-the-ai-garage-india-s-new-foundational-path-for-ai-innovation-governance-in-2025
🎯 Key Issues with the Guidelines:
1. The 'techno-legal approach' seems solution-obsessed without addressing fundamental capacity building needs. We can't just layer technology on existing legal frameworks and expect magic.
The proposed AI incident database needs serious rework:
Too broad in scope without clear taxonomy
Lacks realistic reporting protocols
Assumes public sector readiness without capacity assessment
Needs hybrid mandatory-voluntary model for different risk levels
🚫 The "distribution of responsibilities and liabilities" framework is problematic:
Should focus on "apportionment of accountability" instead
Can't distribute liability arbitrarily - it's determined by statutes
Need clear distinction between governance and legal adjudication
💡 Positive Elements:
Clear stance on bias: "only biases that are legally or socially prohibited need to be protected against"
Recognition of sector-specific approaches over one-size-fits-all
Focus on evidence-based policymaking
⚠️ Critical Gaps:
Insufficient emphasis on cybersecurity measures
Vague treatment of copyright aspects
Over-reliance on watermarking for deepfake detection
Lack of concrete capacity-building roadmap
🔑 Bottom line: While the guidelines show promise in certain areas, they need significant refinement to avoid being solution-obsessed and instead focus on building fundamental capabilities first.
Thoughts? Would love to hear perspectives from others working on AI governance frameworks.
You can also submit your feedback to IndiaAI through this link: https://indiaai.gov.in/article/report-on-ai-governance-guidelines-development