A Proposal to Reinvent Indian AI Strategy for 2024
From the Chairperson, Mr Abhivardhan
India's first AI policy was presented to the world in 2018, when the Government of India's key policy think tank, NITI Aayog had proposed certain vision proposals on how to build India as the next 'garage' for AI startups and their innovations. For sure, even in the G20 India Presidency, the focus on responsible AI has been huge. It is appreciative that India is the President of the Global Partnership on Artificial Intelligence for the year 2023, and the GPAI Summit would reflect the commitment of the Government of India in the field of artificial intelligence as an industry.
Nevertheless, beyond industry discourse, it has been nearly 4-5 years since the 2018 AI policy. Many changes have happened, and the policy in my view does not seem appropriate or sufficient for the post-COVID technology market. The rise of generative AI and Artificial Intelligence Hype has also been a problem, which has hyphenated the possibility for investors and entrepreneurs to innovate. Many 'use cases' and 'test cases' of generative AI and even other forms of AI applications remain available in a diffused state. There is no sense of clarity where the world is trying to regulate classes of artificial intelligence technologies. For sure, there have been some international declarations and recommendation statements through multilateral bodies / groups like UNESCO, ITU, OECD, the G20, the G7 and the European Union. Even the UN Secretary General has been keen in the 2023 UN General Assembly sessions about asking UN member-states to decide some clear guidelines and approaches on how to regulate artificial intelligence.
This insight for Visual Legal Analytica addresses those key technology, industry and legal-regulatory problems and trends, and presents a 10-point proposal to the Government of India to reinvent their AI strategy. We also submit this proposal to the respective AIGA committees of the Indian Society of Artificial Intelligence and Law.
The Hyphenation of the AI Ethics Industry
If one were to summarise the state of 'AI Ethics' across the globe and in India, the best way would be to understand three critical areas - (1) technology development and entrepreneurship; (2) industry standardisation; and (3) legal and regulatory issues. We have contributed key reports and publications on the legal and policy problems with AI regulation, and AI hype, which we have listed out below for additional considerations.
Regulatory Sovereignty in India: Indigenizing Competition-Technology Approaches, ISAIL-TR-001
Regularizing Artificial Intelligence Ethics in the Indo-Pacific, GLA-TR-002
Regulatory Sandboxes for Artificial Intelligence: Techno-Legal Approaches for India, ISAIL-TR-002
Deciphering Artificial Intelligence Hype and its Legal-Economic Risks, VLiGTA-TR-001
Deciphering Regulative Methods for Generative AI, VLiGTA-TR-002
Promoting Economy of Innovation through Explainable AI, VLiGTA-TR-003
Read the complete proposal by VLiGTA at https://www.indicpacific.com/post/a-proposal-to-reinvent-indian-ai-strategy-for-2024
You can also read some insights published at isail.in and bharatpacific.com.
GDPR’s Rights of Data Subjects: Comparing Indian & Nepalese Privacy Laws
Updated: Nov 3, 2022
Introduction
Technological progress combined with several governmental and non-governmental efforts to create a digitalised economy and society has caused extensive data pooling which has endangered the right to privacy. In recent years, both the Government, and corporate organisations have become data miners, collecting information about activities, behaviour and lifestyles of individuals and groups, for their own benefits such as for the purposes of surveillance as well as targeted advertisement and targeted business related activities.
It is strangely a conspiratorial truth of the surveillance society as to how companies and governments dip into the data streams of people’s lives in order to track what they do, what they know, where they go. These activities range from infringements, including WhatsApp sharing one’s name and phone number with Facebook so businesses can advertise their product on one’s screen. Corporate organisations have started treating data as a form of capital and this means that firms hoard, commodify and monetise as much data as they can. This tendency of treating data as an asset to be used to create capital value can be very harmful for the society as it destroys the whole concept of privacy of an individual (Sadowski, 2016).
Delhi High Court Case Comment: Future Retail Ltd. v. Amazon.com Investment Holdings LLC & Ors.
Updated: Nov 3, 2022
Introduction
On 20th December 2020, the High Court of Delhi while dealing with the case between Future Retails Limited (FRL) and Amazon Inc., clarified an important legal point relating to the validity of “emergency arbitral awards” under the Arbitration and Conciliation Act, 1996. The Court was hearing a plea by Future Retail Ltd. to issue an order of interim injunction to restrain Amazon Inc. from writing to Indian statutory authorities including the Competition Commission of India and the Securities Exchange Board of India about an emergency arbitral award passed by the Singapore International Arbitration Center in Amazon’s favour.