The UK government has signed the first “legally binding” treaty between states and artificial intelligence ( AI ) and human rights, which commits them to putting in place safeguards against various threats posed by the technology.
Drawn up by the Council of Europe – an international organisation set up in 1949 to uphold human rights throughout the continent – the treaty has now been signed by Andorra, Georgia, Iceland, Norway, the Republic of Moldova and San Marino, as well as Israel, the US and the European Union ( EU).
Actually titled the Framework convention on artificial intelligence and human rights, democracy, and the rule of law, the treaty outlines a number of principles that states must adhere to throughout the entire lifecycle of an AI system, including privacy and data protection, transparency and oversight, equality and non-discrimination, healthy innovation, and human dignity.
The treaty more mandates that nations put in place measures to assess and mitigate any potential negative effects of AI, as well as provide effective remedies where individual rights violations occur as a result of its operation, in order to ensure these principles are protected.
According to Lord Chancellor and justice secretary Shabana Mahmood, “artificial intelligence has the ability to significantly improve the responsiveness and effectiveness of public services and turbocharge financial growth.”
” But, we must not let Artificial shape us – we must shape AI. This convention represents a significant step in ensuring that the use of these new technologies does n’t undermine our most fundamental principles, such as human rights and the rule of law.
The treaty, according to Peter Kyle, the secretary of state for science, innovation, and technology, will be crucial to utilizing AI’s ability to boost economic growth and transform public services:” After in force, it will further strengthen protections for human rights, rule of law, and democracy, – strengthening our own private approach to the technology while furthering the global cause of safe, secure, and dependable AI.”
Although the agreement covers all use of artificial intelligence by the public sector, including where private companies are acting on their behalf, the text does not specifically cover private sector use of the technology. It is up to individual states to decide how closely companies must adhere to the requirements and obligations set out.
The text also includes an explicit carve-out for national security interests. According to the statement,” A Party shall not be required to apply this Convention to activities carried out during the lifecycle of artificial intelligence systems in order to protect its national security interests, with the understanding that such activities are carried out in a manner that is in line with applicable international law.”
The text does not provide any specific sanctions for a government’s non-compliance, despite a member state’s right to prohibit particular use cases of AI where they believe it is incompatible with human rights.
No strict enforcement
For instance, according to lawyers at Bird&, Bird, there is only a vague compliance mechanism for activities that comply with the treaty’s requirements, but there are no strict enforcement standards, so the effectiveness and impact of the AI Convention may be constrained.
However, it does have dispute resolution mechanisms for governments that disagree with how the framework is interpreted or how it is applied, and it also allows nations to “denounce” ( i .e., “opt-out ) of the convention if they notify the Council of Europe’s secretary general.
Nick Reiners, a senior geo-technology analyst at Eurasia Group, told Gzero Media that the opt-in nature of the treaty means it is not especially legally binding, despite how it’s being billed by its signatories. He added that the national security arrangement also dries up how difficult it is, noting, for instance, that it would not have an impact on how Israel is deploying AI in Gaza to pick and attack targets.
He added that the EU will have signed the AI Act in an effort to “internationalize it,” so that businesses and governments outside of Europe adhere to its technology priorities.
Three months after it has been ratified by at least five signatories, including at least three members of the Council of Europe, will the treaty become effective, and then governments from all over the world will be eligible to sign up for it.
