diff --git "a/markdown/misc/lloc-ai.md" "b/markdown/misc/lloc-ai.md" new file mode 100644--- /dev/null +++ "b/markdown/misc/lloc-ai.md" @@ -0,0 +1,1551 @@ +# Regulation Of Artificial Intelligence In Selected Jurisdictions + +January 2019 +The Law Library of Congress, Global Legal Research Directorate +(202) 707-5080 (phone) - (866) 550-0442 (fax) - law@loc.gov - http://www.law.gov This report is provided for reference purposes only. + +It does not constitute legal advice and does not represent the official opinion of the United States Government. The information provided reflects research undertaken as of the date of writing. +It has not been updated. + +## Contents + +| Comparative Summary | 1 | +|---------------------------------------|-------| +| Jenny Gesley | | +| International and Regional Approaches | 6 | +| Tariq Ahmad & Jenny Gesley | | +| The Americas and the Caribbean | 16 | +| Brazil 16 | | +| Eduardo Soares | | +| Canada 18 | | +| Tariq Ahmad | | +| Jamaica 24 | | +| Ruth Levush | | +| Mexico 25 | | +| Gustavo Guerra | | +| United States 27 | | +| James Martin | | +| East/South Asia and the Pacific | 31 | +| Australia 31 | | +| Kelly Buchanan | | +| China 36 | | +| Laney Zhang | | +| India 40 | | +| Tariq Ahmad | | +| Indonesia 47 | | +| Kelly Buchanan | | +| Japan 47 | | +| Sayuri Umeda | | +| Malaysia 49 | | +| Kelly Buchanan | | +| New Zealand 50 | | +| Kelly Buchanan | | +| Pakistan 55 | | +| Tariq Ahmad | | +| Singapore 55 | | +| Laney Zhang | | +| South Korea 59 | | +| Sayuri Umeda | | + +## Comparative Summary + +This report examines the emerging regulatory and policy landscape surrounding artificial intelligence (AI) in jurisdictions around the world and in the European Union (EU). In addition, a survey of international organizations describes the approach that United Nations (UN) agencies and regional organizations have taken towards AI. As the regulation of AI is still in its infancy, guidelines, ethics codes, and actions by and statements from governments and their agencies on AI are also addressed. While the country surveys look at various legal issues, including data protection and privacy, transparency, human oversight, surveillance, public administration and services, autonomous vehicles, and lethal autonomous weapons systems, the most advanced regulations were found in the area of autonomous vehicles, in particular for the testing of such vehicles. +The Oxford Dictionary defines AI as "the theory and development of computer systems able to perform tasks normally requiring human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages." The majority of surveyed jurisdictions see AI in a positive light and aspire to become leaders in the field. Many countries have therefore developed or are in the process of developing national AI or digital strategies and action plans. Canada was the first country to launch such a national AI strategy in 2017. The strategies and action plans highlight, among others things, the need to develop ethical and legal frameworks to ensure that AI is developed and applied based on the country's values and fundamental rights. Many countries have established specific commissions to look into these issues. However, with the exception of the EU, no jurisdiction has yet published such specific ethical or legal frameworks for AI. In December 2018, an expert group of the European Commission released draft AI ethics guidelines that set out a framework for designing trustworthy AI. South Korea in 2008 enacted a general law on the "intelligent robot industry" that, among other things, authorized the government to enact and promulgate a charter on intelligent robot ethics. However, it appears that no such charter has yet been enacted. + +Some countries have taken the first steps to use AI in the area of justice. In Portugal, a legal assistance tool will be launched that conducts research on the requests made and learns from them. In the future, it might be used to predict the probability of success of a judicial process. Likewise, in France the Courts of Appeals of Rennes and Douai tested predictive justice software on various appeals cases in 2017. + +Many of the surveyed countries are contracting parties to the 1968 Vienna Convention on Road Traffic, an international agreement with the objective to "facilitate international road traffic and to increase road safety through the adoption of uniform traffic rules." A 2016 amendment to the Convention on Road Traffic removed legal obstacles for the contracting parties to allow transferring driving tasks to automated technologies. Countries that have enacted regulations to allow for the testing of autonomous vehicles on public roads generally require that a human driver be present in the car who can take over the driving functions if necessary. As an exception, the Netherlands and Lithuania have passed legislation that allows the experimental use of self-driving vehicles without a human driver present in the car on public roads. Israel passed a regulation and a directive for experimentation in autonomous vehicles. Authorization to conduct experiments in autonomous vehicles requires, among others, a review by a professional committee. Spain, Qatar, and the United Arab Emirates authorize the testing without a human driver present on a case-bycase basis, but have not enacted specific legislation. New Zealand, unlike other countries, has no specific legal requirement for vehicles to have drivers. However, the government has not received any formal requests to test autonomous vehicles on public roads. In Singapore and the Province of Ontario, Canada, it is up to the discretion of the responsible authority to approve driverless testing. Other testing requirements for autonomous vehicles may include insurance, the transmission of certain data to the government, or accident recorders in the vehicle. Finland allows the testing of autonomous vehicles, but one political party has suggested forbidding nonautonomous vehicles as a long-term goal. With regard to lethal autonomous weapons systems (LAWS), countries regularly meet in the Governmental Group of Experts (GGE) of the Convention on Certain Conventional Weapons (CCW) to discuss the applicability of international humanitarian law norms to LAWS. The majority of countries agree that meaningful human control is necessary for LAWS. Countries either support the adoption of a new, legally-binding treaty to ban the use of LAWS; support the adoption of a political declaration as a middle ground to develop a shared understanding of the challenges posed by LAWS; oppose the adoption of a treaty as basic principles remain ill-defined; +or think that no action is necessary at this point. + +The following visuals give an overview of the different positions and actions that countries have taken with regard to national AI strategies and actions plans, autonomous vehicles, and LAWS. + +## International And Regional Approaches + + +I. International Measures + +A. United Nations Law and Policy +1. UNICRI and Centre for Artificial Intelligence and Robotics In early 2015, the United Nations Interregional Crime and Justice Research Institute (UNICRI) established a center on AI and robotics to "help focus expertise on Artificial Intelligence (AI) +throughout the UN in a single agency."1 With the support of the Municipality of the Hague and the Ministry of Foreign Affairs of the Netherlands, UNICRI "signed the host country agreement for the opening of its Centre for Artificial Intelligence and Robotics in The Hague, the Netherlands, in September 2017."2 This Centre is focused on "understanding and addressing the risks and benefits of AI and robotics from the perspective of crime and security through awareness-raising, education, exchange of information, and harmonization of stakeholders."3 UNICRI has developed a "large international network of stakeholders with whom it collaborates, including the International Criminal Police Organization (INTERPOL), the International Telecommunications Union (ITU), the Institute of Electrical and Electronics Engineers (IEEE), the Foundation for Responsible Robotics, the World Economic Forum, Centre for Future Intelligence, and many more."4 According to the UNICRI website, + +[d]uring the 71st session of the United Nations General Assembly, on 29 September 2016, the Director of UNICRI, Ms. Cindy J. Smith, announced that UNICRI was in the process of opening of the first Centre on Artificial Intelligence and Robotics within the United Nations system. She explained that "The aim of the Centre is to enhance understanding of the risk-benefit duality of Artificial Intelligence and Robotics through improved coordination, knowledge collection and dissemination, awareness-raising and outreach activities. The Centre will open in The Hague, The Netherlands. The main outcome of the above initiative will be that all stakeholders, including policy makers and governmental officials, possess improved knowledge and understanding of both the risks and benefits of such technologies and that they commence discussion on these risks and potential solutions in an appropriate and balanced manner."5 + + + +In October 2015, during the 70th Session of the UN General Assembly, UNICRI held a side event titled "Rising to the Challenges of International Security and the Emergence of Artificial Intelligence" that took place in United Nations Headquarters, New York.6 + +2. International Telecommunication Union The ITU is a specialized agency of the UN for information and communication technologies, and +"has become one of the key UN platforms for exploring the impact of AI."7 The ITU website states that it "will provide a neutral platform for government, industry and academia to build a common understanding of the capabilities of emerging AI technologies and consequent needs for technical standardization and policy guidance."8 The Future of Life Institute (FLI) notes that + +ITU organized the event, "AI for Good Global Summit" in 2017 and 2018, which was billed as "the leading United Nations platform for dialogue on AI." The Summits have focused on strategies to ensure trusted, safe and inclusive development of AI technologies and equitable access to their benefits. Teams at the Summits highlighted the ability of AI to help to achieve the Sustainable Development Goals (SDGs) through abilities such as mapping poverty and aid with natural disasters using satellite imagery, and helping achieve Universal Health Coverage. + + +ITU also has a Focus Group on Machine Learning for Future Networks including 5G intended to draft technical reports and specifications for machine learning for future networks.9 + +## B. Convention On Certain Conventional Weapons And Lethal Autonomous Weapons Systems + + +1. CCW Informal Meeting of Experts (20132016) The Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which May Be Deemed to Be Excessively Injurious or to Have Indiscriminate Effects (usually referred to as the Convention on Certain Conventional Weapons, CCW) with three annexed Protocols was adopted on October 10, 1980, and entered into force on December 2, 1983.10 +According to the UN Office at Geneva (UNOG), +[t]he purpose of the Convention is to ban or restrict the use of specific types of weapons that are considered to cause unnecessary or unjustifiable suffering to combatants or to affect civilians indiscriminately. The structure of the CCW - a chapeau Convention and + + +annexed Protocols - was adopted in this manner to ensure future flexibility. The Convention itself contains only general provisions. All prohibitions or restrictions on the use of specific weapons or weapon systems are the object of the Protocols annexed to the Convention.11 In the last few years, the CCW Meeting of High Contracting Parties has held meetings to discuss LAWS. In 2013, the CCW Meeting of State Parties decided that the "Chairperson will convene in 2014 an informal Meeting of Experts to discuss the questions related to emerging technologies in the area of [LAWS]."12 The first informal Meeting of Experts was held in 2014 and it included sessions on the technical, ethical and sociological, legal, and operational and military aspects of LAWS.13 According to one journal article, + +[i]n the session on legal aspects, States examined whether LAWS could, at the current state of technology (or people's lay understanding of technology), comply with existing international law, in particular international humanitarian law (IHL), including the 1949 Geneva Conventions, the Martens Clause, and customary international law. States and legal experts stressed that any development and use of LAWS would need to comply with IHL and there were divergent views regarding whether it would be possible for LAWS to comply with the rules, especially given the current state of technology.14 + +Two informal Meetings of Experts were also held in 2015 15 and 2016. 16 The 2015 Meeting +"intended to build upon the work from the previous year by delving deeper into the issues surrounding the legal, technical, ethical, and operational and military aspects of LAWS. The legal weapons review process was discussed in the session devoted to challenges to IHL due to increasing degrees of autonomy."17 Approximately eighty countries attended the three informal CCW meetings on LAWS at the UN in Geneva, "together with key UN agencies, the International Committee of the Red Cross, and the Campaign to Stop Killer Robots. These meetings helped increase awareness and understanding + +11 Id. +12 *Background on Lethal Autonomous Weapons Systems in the CCW*, UNOG, https://www.unog.ch/80256 +of the ethical, human rights, legal, operational, proliferation, technical, and other challenges posed by these weapons."18 + +2. CCW Group of Governmental Experts Meetings (20172018) Building on the three informal sessions, at the 2016 Fifth CCW Review Conference, presided over by Ambassador Tehmina Janjua of Pakistan, the High Contracting Parties decided to establish a Group of Governmental Experts (GGE) on LAWS to meet in 2017 with a "mandate to assess questions related to emerging technologies in the area of lethal autonomous weapons systems. The GGE was chaired by Ambassador Amandeep Singh Gill of India."19 + +At their 2017 Meeting,20 the High Contracting Parties to the CCW agreed that the GGE on LAWS would meet again in 201821 for a duration of ten days in Geneva, and that meeting took place April +913, 2018. A second meeting was held August 2731, 2018. Ambassador Amandeep Singh Gill of India chaired both meetings. The following "overarching issues" were discussed during the 2018 meetings: + +1. Characterization of the systems under consideration in order to promote a common +understanding on concepts and characteristics relevant to the objectives and purposes of the CCW; +2. Further consideration of the human element in the use of lethal force; aspects of +human-machine interaction in the development, deployment and use of emerging technologies in the area of lethal autonomous weapons systems; +3. Review of potential military applications of related technologies in the context of the +Group's work; +4. Possible options for addressing the humanitarian and international security challenges +posed by emerging technologies in the area of LAWS in the context of the objectives and purposes of the Convention without prejudging policy outcomes and taking into account past, present and future proposals.22 + Certain states and nongovernmental organizations (NGOs) have expressed frustration that, despite five years of work on AWS and calls for urgent action on this issue, there has been little progress. + +However, it appears momentum has been growing for "negotiations on a legally binding + +instrument to prevent the development and use of LAWS."23 According to Amnesty International, +"[t]he majority of states at the last CCW meeting in April 2018 emphasized the importance of retaining human control over weapons systems and the use of force, and expressed support for developing new international law on lethal autonomous weapons systems."24 Twenty-six of these states called for a total ban (including Austria, Brazil, and Egypt) and China has also called for a +"new CCW protocol to prohibit the use of fully autonomous weapons systems."25 However, a number of states "oppose creating legally binding prohibitions, including governments who are already known to be developing autonomous weapons systems, such as France, Israel, Russia, South Korea, the US, and the UK."26 According to the NGO Reaching Critical Will, "[t]he Non-Aligned Movement,[27] the largest bloc of states operating in the UN, has called for a legally binding instrument stipulating prohibitions and regulations of AWS. Austria, Brazil, and Chile collectively tabled a recommendation for a new CCW mandate 'to negotiate a legally-binding instrument to ensure meaningful human control over the critical functions' of weapon systems."28 +In a September 2018 report Reaching Critical Will notes that +[a] few others, mostly European states, expressed their interest in other mechanisms, such as a political declaration proposed by France and Germany. They envision a declaration to be a good vehicle to outline principles for the development and use of AWS, such as the necessity of human control in the use of force and the importance of human accountability. Some also suggested the development of a code of conduct on the development and use of AWS could be useful in this context.29 +The August 2018 meeting ended with states agreeing on the conclusions and recommendations from the meeting rather than a decision on starting to negotiate a treaty.30 These included possible guiding principles, characterization of the systems under consideration, the human element in the use of lethal force, a review of potential military applications of related technologies, and the possible options for addressing the humanitarian and international security challenges related to + +http://reachingcriticalwill.org/disarmament-fora/ccw/2018/laws/ccwreport/12930-ccw-report-vol-6-no-11, archived at https://perma.cc/4CNZ-YQZR. + +2018), https://www.amnesty.org/en/latest/news/2018/08/un-decisive-action-needed-to-ban-killer-robots-before-itstoo-late/, *archived at* https://perma.cc/78XB-CFHK. 25 Id. 26 Id. +http://www.reachingcriticalwill.org/disarmament-fora/ccw/2018/laws/ccwreport/12927-ccw-report-vol-6-no-9, archived at https://perma.cc/GG5X-VKLU. 30 Id. +LAWS.31 A decision was made to continue the GGE's work in 2019, and at the CCW's Annual Meeting it was decided to meet on March 2529, 2019, and August 2021, 2019.32 +C. General Assembly The First Committee of the General Assembly "deals with disarmament, global challenges and threats to peace that affect the international community and seeks out solutions to the challenges in the international security regime."33 On October 26, 2018, the First Committee held a meeting where delegates weighed "potential risks to international security posed by such new technologies as militarized drones" and "exchanged views today on ways to control these lethal autonomous weapons."34 Moreover, "[d]uring the debate, many delegates expressed support for the Group of Governmental Experts on lethal autonomous weapons systems. Some called on the Group to find ways towards a common understanding and precise definitions of such weapons."35 + +In October 2017, the UN held a joint meeting of the UN Economic and Social Council (ECOSOC) and the Economic and Financial Committee (Second Committee) to "consider the role and impact of AI on sustainable development."36 + +D. International Human Rights +1. Human Rights Council + +In 2017, two reports were submitted to the UN Human Rights Council (UNHRC) that discussed the implications of AI technologies on human rights.37 On May 5, 2017, a report38 from the Office + +https://perma.cc/229P-QNYV. 33 *Disarmament and International Security (First Committee)*, GENERAL ASSEMBLY OF THE UNITED NATIONS, http://www.un.org/en/ga/first/ (last visited Dec. 17, 2018), *archived at* https://perma.cc/46RZ-DJ4U. +34 First Committee Weighs Potential Risks of New Technologies as Members Exchange Views on How to Control Lethal Autonomous Weapons, Cyberattacks, UNITED NATIONS (Oct. 26, 2018), https://www.un.org/press/en/ +2018/gadis3611.doc.htm, *archived at* https://perma.cc/R5AR-ZLKY. 35 Id. + +Inequalities, UNITED NATIONS (Oct. 9, 2017), https://www.un.org/sustainabledevelopment/blog/2017/10/lookingto-future-un-to-consider-how-artificial-intelligence-could-help-achieve-economic-growth-and-reduce-inequalities/, archived at https://perma.cc/9WGH-TSVT. archived at https://perma.cc/V84G-ABVH. +of the High Commissioner for Human Rights on the topic of "ways to bridge the gender digital divide from a human rights perspective" made reference to "algorithmic discrimination and bias, and the potential for AI to drive improvements in women's health." 39 A report from the Independent Expert on the rights of older persons40 "addressed the opportunities and challenges of robotics, artificial intelligence and automation in the care of older persons."41 + +2. Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion + +## And Expression + + +On October 2018, David Kaye, the UN Special Rapporteur for the promotion and protection of the right to freedom of opinion and expression, released his report on the implications of AI +technologies for human rights.42 The report43 was submitted to the UN General Assembly on August 29, 2018,44 and presented to the Social, Humanitarian and Cultural Committee at the UN +General Assembly on October 22, 2018.45 According to European Digital Rights, + +[t]he text focuses in particular on freedom of expression and opinion, privacy and nondiscrimination. In the report, the UN Special Rapporteur David Kaye first clarifies what he understands by artificial intelligence and what using AI entails for the current digital environment, debunking several myths. He then provides an overview of all potential human rights affected by relevant technological developments, before laying down a framework for a human rights-based approach to these new technologies.46 The report examines the impact of AI on the "information environment, and proposes a human rights framework for the design and use of technologies comprising AI by states and private actors."47 + +41 Cullen, *supra* note 37. + +2018), https://edri.org/un-special-rapporteur-report-artificial-intelligence-impact-human-rights/, *archived at* +https://perma.cc/PX7A-Q5G4. + +of the Right to Freedom of Opinion and Expression, U.N. Doc. A/73/348 (Aug. 29, 2018), https://freedex.org/wp- +2018), https://www.law.uci.edu/news/in-the-news/2018/Kaye-UN-AI.html, *archived at* https://perma.cc/M7RH- +TRQT. rapporteur-report-artificial-intelligence-impact-human-rights/, *archived at* https://perma.cc/PX7A-Q5G4. + +E. Amendments to the 1968 Vienna Convention on Road Traffic On March 23, 2016, amendments to the 1968 Vienna Convention on Road Traffic entered into force that removed legal obstacles for the contracting parties to allow transferring driving tasks to the vehicle itself, provided that the technologies used are in conformity with UN vehicle regulations or can be overridden or switched off by the driver.48 The Vienna Convention on Road Traffic is an international agreement currently with seventy-eight contracting parties, among them the major car-manufacturing countries.49 Two of the major world powers, the United States and China, are not parties to the agreement.50 According to its Preamble, the Convention "desires to facilitate international road traffic and to increase road safety through the adoption of uniform traffic rules." Originally, article 8 of the Convention required that "[e]very driver shall at all times be able to control his vehicle." In addition, on October 9, 2018, the UN Economic Commission for Europe's Global Forum on Road Traffic Safety adopted a "non-binding legal resolution serving as a guide for the contracting parties to the 1949 and 1968 Conventions on Road Traffic in relation to the safe deployment of highly and fully automated vehicles in road traffic."51 + +II. Regional Measures + +A. Organization of American States In a 2018 report, the Organization of American States (OAS) called on the banking sector in Latin America and the Caribbean to "[p]rioritize the development of capacities using emerging digital technologies, such as Big Data, Artificial Intelligence and related (such as cognitive computing and Machine Learning), which have an important potential in the optimization of resources destined for detection and prevention." 52 It found that "49% of banking entities are still not implementing tools, controls or processes using Emerging Digital Technologies, such as Big Data, Machine Learning or Artificial Intelligence. These are all very important for prevention of cyberattacks or defining suspect patterns associated with fraud, among other detection capabilities."53 +trans/conventn/Conv_road_traffic_EN.pdf, *archived at* http://perma.cc/JNG9-ZJNE; U.N. ECONOMIC AND SOCIAL COUNCIL, ECONOMIC COMMISSION FOR EUROPE (UNECE), INLAND TRANSPORT COMMITTEE, WORKING PARTY ON +ROAD TRAFFIC SAFETY, Report of the Sixty-Eighth Session of the Working Party on Road Traffic Safety 5, 9 (Apr. + +17, 2014), http://www.unece.org/fileadmin/DAM/trans/doc/2014/wp1/ECE-TRANS-WP1-145e.pdf, archived at http://perma.cc/P4LT-YW5N. 49 *UN Transport Agreements and Conventions. Convention on Road Traffic, of 8 November 8, 1968*, UNECE, http://www.unece.org/trans/maps/un-transport-agreements-and-conventions-08.html (last visited Dec. 21, 2018), archived at http://perma.cc/3A6G-SXM2. 50 Id. 51 Press Release, UNECE, UNECE Adopts Resolution on the Deployment of Highly and Fully Automated Vehicles in Road Traffic (Oct. 9, 2018), http://www.unece.org/info/media/presscurrent-press-h/transport/2018/unece-adoptsresolution-on-the-deployment-of-highly-and-fully-automated-vehicles-in-road-traffic/doc.html, archived at http://perma.cc/V8WP-VZKP. 52 OAS, STATE OF CYBERSECURITY IN THE BANKING SECTOR IN LATIN AMERICA AND THE CARIBBEAN 146 (2018), + +B. Council of Europe On December 4, 2018, the European Commission for the Efficiency of Justice of the Council of Europe (CoE)an international organization focused on human rights and comprised of fortyseven European countriesadopted the European Ethical Charter on the Use of Artificial Intelligence in Judicial Systems and Their Environment (European Ethical Charter). 54 The European Ethical Charter sets out five ethical principles and is intended to serve as a guideline for policy makers, legislators, and justice professionals when dealing with AI. In addition, the document provides a comprehensive overview of the current use of AI in judicial systems in CoE Member States, with a focus on processing judicial decisions and data, as well as a review of the different uses of AI in European judicial systems in light of the principles set out in the European Ethical Charter. The principles that should be observed are as follows: + +- Respect for fundamental rights during the design and implementation of AI + +- Nondiscrimination - Quality and security when processing judicial decisions and data - Transparency, impartiality, and fairness +- "Under user control"55 In addition, the Committee of Experts on Human Rights Dimensions of Automated Data Processing and Different Forms of Artificial Intelligence (MSI-AUT) of the CoE has published several draft documents on the implications of the use of AI for human rights. The studies and recommendations provide guidance for future standard-setting and encourage CoE Member States to implement the guidance when dealing with legislative issues in this field and to take all necessary measures to ensure that private actors respect human rights when designing and developing AI. So far, the MSI-AUT has made the following documents available: + + +- A Study of the Implications of Advanced Digital Technologies (Including AI Systems) for the +Concept of Responsibility Within a Human Rights Framework56 +- Draft Recommendation of the Committee of Ministers to Member States on Human Rights +Impacts of Algorithmic Systems57 +- Draft Declaration of the Committee of Ministers on the Manipulative Capabilities of +Algorithmic Processes58 + + +## The Americas And The Caribbean Brazil During The 2018 Discussions Of The Gge On Laws That Was Established In 2016 During The Fifth Review Of The Un Conference Of The High Contracting Parties To The Convention On Certain Conventional Weapons, Brazil Issued A Joint Statement Along With Austria And Chile, Which Proposed To Establish An Open-Ended Gge To Negotiate A Legally Binding Instrument To Ensure Meaningful Human Control Over Critical Functions In Laws.1 I. Data Protection Law + + +On August 14, 2018, Brazil enacted Law No. 13,709, the General Data Protection Law (Lei Geral de Protecao de Dados), which aims to give more security to consumers of technology.2 Article 1 +of the Law provides for the processing of personal data, including digital media, by either a natural person or a public or private legal entity, for the purpose of protecting a person's fundamental rights of freedom, privacy, and free development of personality.3 The protection of personal data is based on respect for privacy; informational self-determination; freedom of expression, information, communication, and opinion; the inviolability of intimacy, honor, and image; economic and technological development and innovation; free enterprise, free competition, and consumer protection; and human rights, free development of personality, dignity, and the exercise of citizenship by natural persons.4 + +II. Trade Negotiations The Brazilian arm of the International Chamber of Commerce and the UN Conference on Trade and Development signed an agreement to work together to harness the power of cutting-edge technologies such as AI and blockchain to enhance and improve trade. 5 With the growing + +complexity of international trade agreements, the purpose of the use of AI is to reduce such complexity and help representatives of less favored nations achieve better results.6 + +III. Fraud Detection The impossibility of inspecting all customs operations and identifying all fraud led the Brazilian Federal Revenue Service to establish partnerships with Brazilian universities to start making use of AI to detect such practices.7 The idea is to develop a system to help customs officers identify suspicious customs operations, and to develop a product and foreign exporter information system to help importers in the registration and classification of their products and corresponding exporters.8 + +IV. Corruption Fight + +The Ministry of Transparency and Controller General's Office (Ministerio da Transparencia e Controladoria-Geral da Uniao, CGU) implemented a system to find evidence of deviations in the performance of public servants. The software uses machine-learning features, an AI technique that feeds data, presents criteria, and checks if the results of the analyses performed by the machine are within the expected range. 9 Another system created by the CGU to combat irregularities is intended to oversee contracts and suppliers. The tool analyzes the risks, including not only corruption, but also other problems such as failures to comply with an agreement.10 + +V. Criminal Investigation The Public Prosecutor's Office of the State of Rio de Janeiro has decided to invest in advanced technologies to expedite investigations and prevent crimes from going unpunished. 11 The investment is geared towards data science and AI to collect, store, and analyze large volumes of + +PROCEEDINGS OF THE 9TH ANNUAL INTERNATIONAL CONFERENCE ON DIGITAL GOVERNMENT RESEARCH, PARTNERSHIPS FOR PUBLIC INNOVATION 18187, DG.O 2008 (Montreal, Canada, May 1821, 2008), https://www. researchgate.net/publication/220268016_Uses_of_artificial_intelligence_in_the_Brazilian_customs_fraud_detection_syste m, *archived at* https://perma.cc/U3V3-4NXR. 8 Id. 9 *Orgaos Publicos Usam Inteligencia Artificial para Combater Corrupcao*, TECNOLOGIA - IG (Aug. 3, 2018), https://tecnologia.ig.com.br/2018-08-03/inteligencia-artificial-contra-a-corrupcao.html, *archived at* +https://perma.cc/V9KQ-K6AF. 10 Id. 11 *MPRJ Aposta em Inteligencia Artificial para Agilizar Investigacoes no Rio*, G1 (Oct. 1, 2018), https://g1.globo. com/rj/rio-de-janeiro/noticia/2018/10/01/mp-aposta-em-inteligencia-artificial-para-agilizar-investigacoes-norj.ghtml, *archived at* https://perma.cc/MYB5-99TW. +information.12 The system allows information from different sources and bodies to be collected and also allows a series of real-time data to be collected from suspected criminals.13 +Canada I. Background Canada's approach to AI appears to be focused on funding research as opposed to developing regulations and governance structures.14 Canada has the "second largest tech sector outside Silicon Valley" and is considered a global leader in the field of AI.15 In 2017, estimates indicated that funding raised by Canadian AI companies would "exceed US$250 million, representing an almost two-fold increase from the previous record historical high of US$143 million in 2015."16 + +Deloitte's AI practice published a recent report that raised the concern that Canada is falling behind in respect to demand and actually adopting the technology, stating, "[w]hile Canada's AI startup environment and talent pool is relatively strong, it's the other component of a leading AI +economythe need for robust demandthat is of greatest concern."17 One report by *The Logic* +found that Canadian firms have been filing fewer AI patents each year since 2016 despite large government investment.18 + +II. Pan-Canadian AI Strategy In the 2017 Budget, the Canadian federal government provided CA$125 million (about US$93.3 +million) to launch the Pan-Canadian Artificial Intelligence Strategy.19 This made Canada the first country to release a national strategy for AI, although the strategy is primarily focused on research + +12 Id. + +intelligence (last updated Nov. 13, 2018), *archived at* https://perma.cc/5FDM-VNVV. https://perma.cc/4GE6-7LBW. 16 Id. + +and talent.20 The strategy is being led by the Canadian Institute for Advanced Research (CIFAR), a nonprofit, private institute of advanced study that is partly government funded, in collaboration with "three newly established AI institutes"the Alberta Machine Intelligence Institute (Amii) in Edmonton, Mila in Montreal, and the Vector Institute in Toronto.21 The strategy is intended to further build on Canada's AI research-based ecosystem22 by pursuing four major goals: + + +- To increase the number of outstanding artificial intelligence researchers and skilled +graduates in Canada. +- To establish interconnected nodes of scientific excellence in Canada's three major +centres for artificial intelligence in Edmonton, Montreal and Toronto. +- To develop global thought leadership on the economic, ethical, policy and legal +implications of advances in artificial intelligence. +- To support a national research community on artificial intelligence.23 + +The CIFAR AI and Society Program "examines the policy and ethical implications of AI."24 + +III. Regulatory Framework and Proposed Changes A. Automated Vehicles In Canada, motor vehicle transportation is a "shared responsibility between federal, provincial and territorial governments." 25 Provinces and territories have jurisdiction over "approving and overseeing trials of automated vehicles that take place within their jurisdiction."26 Two provinces have enacted changes to allow testing for automated vehicles. On January 1, 2016, Ontario's Ministry of Transportation launched a pilot to allow the testing of automated vehicles though the promulgation of a regulation under Ontario's Highway Traffic Act.27 The Ontario government + +22 *Pan-Canadian Artificial Intelligence Strategy*, INVEST IN CANADA, https://www.investcanada.ca/why-invest/pancanadian-artificial-intelligence-strategy (last visited Nov. 16, 2018), *archived at* https://perma.cc/X9KM-BQ6X. 23 *Pan-Canadian Artificial Intelligence Strategy*, CANADIAN INSTITUTE FOR ADVANCED RESEARCH (CIFAR), https://www.cifar.ca/ai/pan-canadian-artificial-intelligence-strategy, *archived at* https://perma.cc/E5PF-LDL2. +24 Tim Dutton, *Artificial Intelligence Strategies*, MEDIUM (June 28, 2018), https://medium.com/politics-ai/anoverview-of-national-ai-strategies-2a70ec6edfd, *archived at* https://perma.cc/5Z4W-45UB. See also *AI & Society*, CIFAR, https://www.cifar.ca/ai/ai-society, *archived at* https://perma.cc/J53B-ZAEN. seats/testing-highly-automated-vehicles-canada.html, *archived at* https://perma.cc/DK3X-HG7B. 26 Id. +"requires prior approval to test vehicles under the pilot project."28 One of the requirements of the Ontario's Automated Vehicle Pilot Program is that "[t]he driver must remain in the driver's seat of the vehicle at all times and monitor the vehicle's operation, unless approved for driverless testing."29 On April 18, 2018, assent was granted to Bill No. 165, amending the Quebec Highway Safety Code to similarly allow a testing pilot for automated vehicles.30 The first pilot project for autonomous buses and minibuses was authorized by an order of the Minister of Transport, Sustainable Mobility and Transport Electrification.31 The order requires that "A driver must be able to immediately take over the driving of the vehicle should the need arise."32 The federal Senate Committee on Transport and Communications released a report in January +2018, which found that "Canada is ill-prepared for the fast-approaching future of transportation."33 +The report set out sixteen recommendations, including developing a coordinated national strategy. The strategy would "allow the government to prevent potential harms. Strong cybersecurity measures will be necessary to maintain public safety and confidence, and rigorous oversight is required to ensure personal information gleaned from connected and automated vehicles is securely held and not exploited."34 + +B. Privacy and Transparency Challenges + +There are a number of laws at the federal and provincial levels in Canada that relate to the protection of personal information. The Personal Information Protection and Electronic + +28 MCCARTHY TETRAULT, FROM CHATBOTS TO SELF-DRIVING CARS: THE LEGAL RISKS OF ADOPTING ARTIFICIAL INTELLIGENCE IN YOUR BUSINESS 14 (Sept. 2018), https://www.mccarthy.ca/sites/default/files/2018-09/McT_ The%20Art_of_Artificial_Intelligence_WHITEPAPER_EN_SEPT2018.pdf, *archived at* https://perma.cc/X88N- N7G5; *Automated Vehicles - Driving Innovation in Ontario*, ONTARIO'S MINISTRY OF TRANSPORTATION, http://www.mto.gov.on.ca/english/vehicles/automated-vehicles.shtml, *archived at* https://perma.cc/UA8P-VNN3. 29 *Automated Vehicles - Driving Innovation in Ontario*, ONTARIO'S MINISTRY OF TRANSPORTATION, http://www.mto.gov.on.ca/english/vehicles/automated-vehicles.shtml, *archived at* https://perma.cc/UA8P-VNN3; +According to Ontario's Ministry of Transportation, for driverless testing, "full human oversight of the vehicle's functionality is required while it is operating on a public roadway. The overseer can be a passenger onboard the vehicle or someone monitoring the vehicle remotely, and must be capable of intervening during the vehicle's operation to bring it to a safe stop if necessary." +30 Bill 165 (2018, chapter 7) An Act to Amend the Highway Safety Code and Other Provisions, http://www2.public ationsduquebec.gouv.qc.ca/dynamicSearch/telecharge.php?type=1&file=103461.pdf, *archived at* https://perma.cc/2FA2-A34F; *Quebec to Recognize and Regulate Autonomous Vehicles*, GOWLING WLG (Apr. 30, 2018), https://gowlingwlg.com/en/insights-resources/articles/2018/quebec-to-recognize-regulate-autonomousvehicles/, *archived at* https://perma.cc/2GW2-EZVE. 31 Autonomous Bus and Minibus Pilot Project, CQLR c C-24.2, r 37.01, https://www.canlii.org/en/qc/ laws/regu/cqlr-c-c-24.2-r-37.01/latest/cqlr-c-c-24.2-r-37.01.html, *archived at* https://perma.cc/7Q6S-2HML. +Documents Act (PIPEDA) is a federal privacy law that is applicable to the private sector.35 At a February 2017 appearance before the House of Commons Standing Committee on Access to Information, Privacy and Ethics, the Privacy Commissioner of Canada stated that +[c]onsent has always been considered a foundational element of PIPEDA. Legally, organizations must obtain consent to collect, use and disclose an individual's personal information, subject to a list of specific exceptions. But obtaining meaningful consent has become increasingly challenging in the age of big data, the Internet of Things, artificial intelligence and robotics.36 The Standing Committee released a report on February 28, 2018, that included recommendations to update PIPEDA.37 The report is said to be "heavily influenced by the direction set in the European Union General Data Protection Regulation."38 It expressed concerns over transparency of AI decision-making ("users have little information about how they work, the data they collect and how they are used"39), and the risk of algorithms using personal information to "perpetuate prejudices or discriminatory practices."40 One of the key recommendations of the report was that +"the Government of Canada consider implementing measures to improve algorithmic transparency."41 On May 24, 2018, the Office of the Privacy Commissioner of Canada published two guidance documents, one on obtaining meaningful consent and the other on inappropriate data practices, to help organizations ensure they comply with their privacy obligations in the digital age. On announcing the publications, the Commissioner stated that, "[d]uring an extensive public consultation, we heard very clearly that the increasingly complex digital environmentwith + +the Personal Information Protection and Electronic Documents Act (PIPEDA), OFFICE OF THE PRIVACY +COMMISSIONER OF CANADA (Feb. 16, 2017), https://www.priv.gc.ca/en/opc-actions-and-decisions/advice-toparliament/2017/parl_20170216/, *archived at* https://perma.cc/6VQX-Y6LW. +http://www.ourcommons.ca/Content/Committee/421/ETHI/Reports/RP9690701/ethirp12/ethirp12-e.pdf, archived at https://perma.cc/WVL5-5TPT. 38 Charles S. Morgan et al., Parliamentary Committee Recommends Substantial Revisions to PIPEDA - Part 2 - +Consent, MCCARTHY TETRAULT (Mar. 28, 2018), https://www.mccarthy.ca/en/insights/blogs/cyberlex/ +parliamentary-committee-recommends-substantial-revisions-pipeda-part-2-consent, *archived at* https://perma.cc/8SUR-DNR8. 40 Id. 41 *Id.* at 25. The report defines "algorithmic transparency" as "when users have complete information about the workings of the artificial intelligence programs behind the websites they visit, the data they collect and how they are used." +technological innovations such as big data, the Internet of Things and artificial intelligenceis posing challenges for privacy protection and the consent model."42 + +C. Directive on Automated Decision-Making for Federal Institutions According to the government of Canada, it is "increasingly looking to utilize technology and automated systems to make, or assist in making, administrative decisions to improve service delivery." 43 Under the authority of the Financial Administration Act, the Treasury Board of Canada issued a Directive on Automated Decision-Making, which took effect on November 26, +2018.44 According to the Cyberjustice Laboratory of the University of Montreal, + +[the Directive] outlines the responsibilities of federal institutions using AI-automated decision systems. Supporting a host of policies in the federal public administration, the Directive aims at helping to better understand and better ensure an ethical and responsible implementation of AI. Compliance with its requirements is expected from all federal institutions by no later than April 1, 2020.45 + +The Directive applies to the use of automated decision systems that "provide external services and recommendations about a particular client, or whether an application should be approved or denied."46 The Directive provides for a questionnaire, called an Algorithmic Impact Assessment, +"designed to help [federal institutions] assess and mitigate the risks associated with deploying an automated decision system," 47 which should be "completed prior to the production of any Automated Decision System to be used in federal administration."48 + + + +## Iv. International Cooperation A. G7 Discussions A 2018 Report By Innovation, Science And Economic Development Canada States That, In The Context Of 2018 G7 Presidency, + +[i]n March 2018, Innovation Ministers expressed a shared vision of human-centric artificial intelligence for innovation and economic growth, and released a statement that confirms the need to safeguard privacy. This vision was also expressed by Leaders in their Common Vision Statement on Artificial Intelligence, and the G7 Leaders' Statement released in June 2018.49 + +On June 7, 2018, the governments of Canada and France released a joint statement on AI calling for "the creation of an international study group that can become a global point of reference for understanding and sharing research results on artificial intelligence issues and best practices."50 +The statement stated that Canada and France "wish to promote a vision of human-centric artificial intelligence grounded in human rights, inclusion, diversity, innovation and economic growth."51 +The two countries established a task force "in order to make recommendations on the scope, governance and implementation of the international study group. By the end of the year, the task force will submit a report on the implementation of the international study group, whose results will be shared within the G7."52 On October 17, 2018, the Minister of Innovation, Science and Economic Development announced that he would host a G7 Multi-stakeholder Conference on Artificial Intelligence on December 6, +2018.53 During the conference, Prime Minister Justin Trudeau further discussed the International Panel on Artificial Intelligence and also announced an "investment of up to nearly [Can]$230 +million for the AI-Powered Supply Chains Supercluster (SCALE.AI) based in Quebec."54 + + +B. Lethal Autonomous Weapons Systems At the 2017 meeting of the GGE on LAWS, Canada stated that it was "committed to maintaining appropriate human involvement in use of military capabilities that can exert lethal force."55 At the +2018 GGE meeting Canada was "supportive of developing key Transparency and Confidence- +Building Measures and looks forward to exploring these and other such ideas here."56 + +Jamaica The Jamaican Government has reportedly been "looking to position Jamaica to take advantage of the benefits of artificial intelligence (AI) in boosting economic growth and job creation." 57 +According to Science, Energy and Technology Minister Andrew Wheatley, there have been ongoing discussion involving the Ministry, the Jamaica Information Technology and Services Alliance, the Jamaica Computer Society, and the Business Process Industry Association of Jamaica on how AI can best be utilized to benefit the country. In Minister Wheatley's opinion, "while AI poses a potential threat to traditional call center operations in the business process outsourcing +(BPO) sector, it presents opportunities in the high-skill areas of programming and development."58 +He therefore called for increasing the number of computer science graduates from Jamaican educational institutions, so that Jamaica "can take advantage of the clear opportunities that will come from the new demand for highly skilled programmers."59 No specific regulations related to aspects of AI technology applications were located. + + + +Mexico + +I. National AI Strategy and Directorate + +In March 2018, the Mexican government announced the adoption of a strategy on AI.60 The strategy provided for the creation of a Directorate on Artificial Intelligence tasked with the development of a framework aimed at fostering a multi-sector dialogue on AI.61 The Directorate was created in April 2018, within Mexico's Commission for the Development of Electronic Government, which "seeks to support Federal Public Administration agencies in the development, adoption and use of Artificial Intelligence for the design, implementation and evaluation of public programs, policies and services."62 + +In November 2018, the Mexican government published a document that includes general principles for the development and use of systems based on AI in Mexico's federal government.63 +Some of the most salient principles are as follows: + +- Monitor and evaluate the impacts of AI systems in order to ensure that they achieve the expected results + +- Promote transparency, by explaining to the users that interact with AI systems the decision +process taken by such systems, the expected benefits as well as the potential risks derived from using such systems +- Protect privacy, by incorporating mechanisms of control and consent for the use of personal +data during the design of AI systems +- Foster equality, by reducing risks of discriminatory biases derived from the utilized data +- Due process, by allowing individuals to dispute decisions made by AI systems64 + +presidencia/prensa/the-government-has-promoted-the-digitalization-of-services-to-offer-a-simple-efficient-andinexpensive-service-eduardo-sanchez-hernandez?idiom=en, *archived at* https://perma.cc/NMT8-PRRG. 63 INNOVA MX, COMPILADO DE COMENTARIOS DE LA CONSULTA PUBLICA REFERENTE A LOS PRINCIPIOS Y GUIA DE +ANALISIS DE IMPACTO PARA EL DESARROLLO Y USO DE SISTEMAS BASADAS EN INTELIGENCIA ARTIFICIAL EN LA +ADMINISTRACION PUBLICA FEDERAL [COMPILED COMMENTS FROM THE PUBLIC CONSULTATION REGARDING PRINCIPLES AND IMPACT ANALYSIS GUIDE FOR THE DEVELOPMENT AND USE OF SYSTEMS BASED ON ARTIFICIAL INTELLIGENCE IN THE FEDERAL PUBLIC ADMINISTRATION] (Nov. 2018), https://www.gob.mx/cms/uploads/ attachment/file/415644/Consolidado_Comentarios_Consulta_IA__1_.pdf, *archived at* https://perma.cc/SP6W- QDGT. 64 Id. + +The presidential administration that adopted this strategy and its guiding principles ended on November 30, 2018. No information could be located on whether the new administration (which commenced on December 1, 2018) will continue with this strategy and its principles, or initiate a similar effort. + +II. Lethal Autonomous Weapons Systems According to information provided by the United Nations Office for Disarmament Affairs, the Mexican government has expressed its opposition to LAWS, as follows: +On 16 October 2017, the Permanent Mission to the United Nations of Mexico partnered with the International Committee for Robot Arms Control, Human Rights Watch, Seguridad Humana en Latinoamerica y el Caribe and the Campaign to Stop Killer Robots to host a panel discussion entitled "Pathways to Banning Fully Autonomous Weapons" as part of the First Committee side event series for the 72nd Session General Assembly. + +Ambassador Juan Sandoval Mendiolea, Deputy Permanent Representative of Mexico to the United Nations, introduced the discussion by noting that Mexico has joined other states in calling for a ban on lethal autonomous weapons systems, also known as fully autonomous weapons. . . . Ambassador Mendiolea stressed the importance of continued research and education on these weapons systems and their possible dangers.65 + +## Iii. Autonomous Vehicles A Recent Study On Autonomous Vehicles (Av) Readiness States That, As Of 2018, Mexico Has A Number Of Obstacles To Adopting This Technology: + +AV adoption in Mexico currently faces a range of barriers, with a lack of specific regulations, no active tests and little industrial activity. . . . On policy and legislation, it scores low on both AV-specific and general variables, with no apparent regulations on AV +testing on public roads and very limited testing so far. The country's current economic and political condition creates barriers for taking actions in order to adopt AV in the near future. + +It gets the lowest scores on industry partnerships, research and development AV hubs, patents and investments and the research has found no AV technology company headquarters . . . . On infrastructure, Mexico's roads receive a slightly below average rating for road quality, but lower scores on other variables. There are no active AV tests, contributing to its low rating on consumer acceptance.66 + + +United States United States lawmakers and regulators have mainly pursued AI in the area of autonomous or selfdriving vehicles. The Department of Transportation is investigating what elements must be considered in drafting regulations for the use of such vehicles, including multi-vehicle convoys, and several states have adopted legislation and regulations allowing for the testing of autonomous vehicles. In addition, recent federal legislation has tasked part of the Department of Defense with the responsibility of crafting policies for the development and deployment of AI +systems as they concern national defense. + +I. Federal Legislation and Regulatory Action In the 115th Congress, thirty-nine bills have been introduced that have the phrase "artificial intelligence" in the text of the bill.67 Four of these bills have been enacted into law. Section 238 +of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 directs the Department of Defense to undertake several activities regarding AI.68 Subsection (b) requires the Secretary of Defense to appoint a coordinator who will oversee and direct the activities of the Department "relating to the development and demonstration of artificial intelligence and machine learning." Subsection (g) provides the following definition of AI: + +(g) ARTIFICIAL INTELLIGENCE DEFINEDIn this section, the term "artificial intelligence" includes the following: + +(1) Any artificial system that performs tasks under varying and +unpredictable circumstance without significant human oversight, or that can learn from experience and improve performance when exposed to data sets. +(2) An artificial system developed in computer software, physical +hardware, or other context that solves tasks requiring human-like perception, +cognition, +planning, +learning, +communication, +or +physical action. +(3) An artificial system designed to think or act like a human, Including cognitive architectures and neural networks. (4) A set of techniques, including machine learning, that is designed +to approximate a cognitive task. +(5) An artificial system designed to act rationally, including an +intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communicating, decision making, and acting. + +Subsection (f) instructs the Secretary of Defense to "delineate a definition of the term 'artificial intelligence' for use within the Department" no later than one year after the law's enactment. +In 2018, Congress also advised the Federal Aviation Administration, in language inserted into the FAA Reauthorization Act of 2018, to periodically review, with industry and academic experts, the state of AI in aviation and take steps, as needed, to address new developments.69 + +In 2015, Congress included language in the Fixing America's Surface Transportation Act (FAST ACT) directing the Department of Transportation to fund research on the application of autonomous vehicles in developing and improving traffic patterns on highways.70 The United States Department of Transportation has solicited requests for comments for proposed studies of automated driving systems. One such request, issued by the Federal Highway Administration, asked for comments on "a range of issues related to assessing the infrastructure requirements and standards that may be necessary for enabling safe and efficient operations of ADS [Automated Driving Systems]."71 + +Another request for comment, issued by the National Highway Traffic Safety Administration, concerned possible barriers created by existing Federal Motor Vehicle Safety Standards to the testing of autonomous vehicles, especially those with nontraditional interior design elements such as vehicles that do not have steering wheels.72 + +II. State Legislation and Regulatory Action + +In 2011, Nevada adopted the first legislation concerning the testing of autonomous vehicles.73 The specific law defines autonomous vehicle as restricted to the operation of "the motor vehicle without active control or monitoring of a human operator."74 The law also sets forth requirements for the testing of such vehicles,75 and directs that regulations be issued governing their operation.76 + +18/pdf/2018-00784.pdf, *archived at* https://perma.cc/GC38-GY7H. +In 2012, Florida adopted similar legislation providing for the testing and operation of autonomous vehicles.77 California also adopted legislation on the subject in 2012.78 According to the National Conference of State Legislatures, roughly 60% of states have adopted some form of legislation concerning autonomous vehicles.79 In some states, provisions for testing autonomous vehicles have been adopted through executive order or administrative regulation. In Arizona, the governor issued executive orders directing state agencies to devise regulations for the testing of autonomous vehicles.80 This order was modified in 2018 after a pedestrian was fatally injured by an autonomous vehicle.81 In this incident the National Transportation Safety Board found that a combination of the disabling of the vehicle's automatic braking system and a failure to warn the on-board human operator of the presence of an unknown object led to the crash.82 + +Nevada began to issue regulations for the operation of autonomous vehicles in 2012.83 California adopted regulations for the testing of autonomous vehicles in 2014.84 The Division of Motor Vehicles adopted regulations for deployment of autonomous vehicles in 2018.85 + + +LEGISLATURES (Nov. 7, 2018), http://www.ncsl.org/research/transportation/autonomous-vehicles-self-drivingvehicles-enacted-legislation.aspx, *archived at* https://perma.cc/42XZ-GD6B. 80 Exec. Order No. 2015-09, Aug. 25, 2015, 22 Ariz. Admin. Reg. 87 (Jan. 15, 2016), https://apps.azsos. gov/public_services/register/2016/3/26_governor_EO.pdf, *archived at* https://perma.cc/RQ7Z-FDNR. +81 *See* Ryan Randazzo, *Arizona Governor Doug Ducey Suspends Testing of Uber Self-Driving Cars*, AZCENTRAL +(Mar. 26, 2016), https://www.azcentral.com/story/news/local/tempe-breaking/2018/03/26/doug-ducey-uber-selfdriving-cars-program-suspended-arizona/460915002/, *archived at* https://perma.cc/25GJ-XDY8. 82 NATIONAL TRANSPORTATION SAFETY BOARD, PRELIMINARY REPORT: HIGHWAY HWY18MH010 (undated; +released May 24, 2018), https://www.ntsb.gov/investigations/AccidentReports/Reports/HWY18MH010-prelim.pdf, archived at https://perma.cc/K7NL-R9SX. 83 NAC 482A (rev. Dec. 2017), https://www.leg.state.nv.us/NAC/NAC-482A.html, *archived at* https://perma.cc/BB42-AFTN. 84 CAL. CODE REGS. tit. 13, art. 3.7, https://govt.westlaw.com/calregs/Browse/Home/California/California CodeofRegulations?guid=I2C7E6D928F844151A40CEAA8D7BC189E&originationContext=documenttoc&transiti onType=Default&contextData=(sc.Default), *archived at* https://perma.cc/BYH3-256R. 85 CAL. CODE REGS. tit. 13, art. 3.8, https://govt.westlaw.com/calregs/Browse/Home/California/CaliforniaCodeofRegulations?guid=IC2F61D9B8C8742 +F78925B5494B4C57B1&originationContext=documenttoc&transitionType=Default&contextData=(sc.Default), archived at https://perma.cc/FT5M-3G32. + +According to the National Conference of State Legislatures, as of April 2017, twenty-eight states +had introduced some form of regulations for autonomous vehicles.86 + +III. Other Government Actions Related to AI + +A. Government Reports The following are high-level federal government reports related to AI prepared by the current and previous administrations: +- EXECUTIVE OFFICE OF THE PRESIDENT, NATIONAL SCIENCE AND TECHNOLOGY COUNCIL, +COMMITTEE ON ARTIFICIAL INTELLIGENCE, PREPARING FOR THE FUTURE OF ARTIFICIAL INTELLIGENCE (2016), https://obamawhitehouse.archives.gov/sites/default/files/whitehouse_ +files/microsites/ostp/NSTC/preparing_for_the_future_of_ai.pdf, *archived at* https://perma.cc/ +4RCY-PUS4. This report summarizes the status of AI in American society, economy, and government. It looks at specific applications, such as transportation and war fighting, and makes nonbinding recommendations. +- WHITE HOUSE OFFICE OF SCIENCE AND TECHNOLOGY POLICY, SUMMARY OF THE WHITE HOUSE +SUMMIT +ON +ARTIFICIAL +INTELLIGENCE +FOR +AMERICAN +INDUSTRY +(2018), +https://www.whitehouse.gov/wp-content/uploads/2018/05/Summary-Report-of-White- House-AI-Summit.pdf, *archived at* https://perma.cc/Z7N7-24JE. This report reviews the Trump administration's regulatory and policy approach to AI. +B. Position on Lethal Autonomous Weapons Systems At the 2018 meeting of the GGE on LAWS, established under the Convention on Certain Conventional Weapons, the representatives of the United States argued that at this point it is too early for LAWS to be banned under the Convention. The delegation also presented its position that at this time it is not necessary to create a definition of LAWS, and that such systems should not be stigmatized, but instead their use should be viewed within the framework of the current laws of war.87 + + +## East/South Asia And The Pacific + +Australia + +I. Use of Artificial Intelligence in Australia According to a news article published in January 2018, a survey of Australian senior executives and IT decision-makers found that "almost nine in 10 business leaders at large Australian businesses having deployed artificial intelligence (AI) technologies within their organisations in some form," with "[f]ifty-one percent of Australian organisations . . . deploying AI in the context of machine learning, 48 percent . . . looking at automated reasoning, 47 percent at robotics, 44 +percent at knowledge representation, and 39 percent Natural Language Processing."1 In terms of the public sector, the Australian government signed a deal with IBM in July 2018 for the company to "provide a $1 billion five-year technology service to accelerate the uptake of blockchain, artificial intelligence (AI) and quantum computing in the public sector."2 The deal was led by the Digital Transformation Agency, which was formally established as a separate agency in October 2016 to "guide, oversee and drive the Government's ambitious digital and ICT agendas."3 +The federal government aims to be one of the top three digital governments in the world by 2025.4 + +II. Federal Government Investment and AI Framework Development The 201819 Australian federal government budget included an AU$29.9 million (about US$21.7 million) funding package over four years "to develop the artificial intelligence and machine learning capabilities of Australian businesses and workers."5 The package is comprised of four elements:6 development of AI skills through the funding of postgraduate scholarships and the + +"development of online resources to engage students and support teachers to deliver AI content in the Australian curriculum"; 7 development of a Technology Roadmap to "inform government investment in artificial intelligence by identifying global opportunities in both artificial intelligence and machine learning, and any barriers to adoption in Australia";8 development of a national AI Ethics Framework and Standards Framework to address ethics for adopting such technologies in Australia;9 and AU$25 million in funding for a Cooperative Research Centers Program project area, which will focus specifically on AI.10 In the area of ethics and human rights implications of AI, the Office of the Australian Information Commissioner published the *Guide to Data Analytics and the Australian Privacy Principles* in March 2018.11 In addition, the Australian Human Rights Commission discussed AI in a July 2018 +issues paper on human rights and technology12 that asks "how Australian law should protect human rights in the development and use of new technologies."13 The issues paper was published at the commencement of a major three-year project on this topic, which will see a discussion paper published in early 2019 and final recommendations delivered in late 2019. A website has been established in order to provide information on the project and engage the public through consultation processes.14 +au/funding-and-incentives/manufacturing/industry-40 (last updated Aug. 14, 2018), *archived at* https://perma.cc/SGF5-A8UP. https://www.business.gov.au/-/media/Business/CRC/Cooperative-research-centres-projects-factsheet-artificialintelligence-PDF.pdf?la=en&hash=087AD41AFC84DDA6AA8996C60E38C03F38491A67 (last visited Nov. 8, 2018), *archived at* https://perma.cc/P2R5-RF3J. *See generally Cooperative Research Centres (CRC) Program*, BUSINESS.GOV.AU, https://www.business.gov.au/assistance/cooperative-research-centres-programme (last updated Oct. 8, 2018), *archived at* https://perma.cc/M2ZA-HJ5T; *Cooperative Research Centres Projects (CRC-P) Grants*, BUSINESS.GOV.AU, https://www.business.gov.au/assistance/cooperative-research-centres-programme/cooperativeresearch-centres-projects-crc-ps (last updated Sept. 13, 2018), *archived at* https://perma.cc/HKA7-HPF3. +III. Government Actions in Particular Areas A. Autonomous Vehicles + +In May 2017, the National Transport Commission (NTC) published the Guidelines for Trials of Automated Vehicles in Australia.15 It subsequently also developed national enforcement guidelines to clarify how the concepts, contained in the Australian Road Rules, of "control" and "proper control" should apply to vehicles with automated functions.16 To date, three Australian states have enacted legislation related to enabling trials of autonomous vehicles.17 Although each of the laws differ in approach, they include approval processes and insurance requirements related to conducting trials, as well as covering safety management plans and data collection.18 Other jurisdictions also have projects or initiatives associated with testing cooperative and automated vehicles.19 In May 2018, the NTC published a policy paper that recommended national legislative reform to + +MENT ACT 2016_10/2016.10.UN.PDF, *archived at* https://perma.cc/3BCM-82DN; Transport Legislation Amendment (Automated Vehicle Trials and Innovation) Act 2017 (NSW), https://legislation.nsw.gov.au/~/pdf/ view/act/2017/41/whole, *archived at* https://perma.cc/4ZLT-CQM7; Road Safety (Automated Vehicles) Act 2018 (Vic), http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/PubStatbook.nsf/51dea49770555ea6 ca256da4001b90cd/6EADABCAD6531AB7CA2582410010E08A/$FILE/18-008aa%20authorised.pdf, archived at https://perma.cc/XD8V-6PBY. cars.aspx, *archived at* https://perma.cc/KF6Z-ZJ2M; *CANdrive - Automated Vehicle Trial*, ACT GOVERNMENT, https://www.business.act.gov.au/resources_and_networks/candrive-automated-vehicle-trial (last updated July 30, 2018), *archived at* https://perma.cc/LUL2-TAZ5. + +- +provide clarity about the situations when an automated driving system (ADS), rather +than a human driver, may drive a vehicle[;] +- +ensure there is a legal entity that can be held responsible for the ADS when it is operating[; and] +- +establish any new legal obligations that may be required for users of +automated vehicles[.]20 + +The reforms are part of a broader national reform program that "aims to put end-to-end regulation in place by 2020 to support the safe commercial deployment and operation of automated vehicles at all levels of automation."21 As part of this work, in 2018 the NTC also published a Regulation Impact Statement (RIS) that "details the legislative options to underpin the safety assurance system to support the safe, commercial deployment and operation of automated vehicles at all levels of automation."22 It has also released discussion papers on regulating government access to C-ITS +(Cooperative Intelligent Transport Systems) and automated vehicle data, and on motor accident injury insurance and automated vehicles.23 + +B. Autonomous Weapons Systems A 2015 inquiry by the Senate Foreign Affairs, Defence and Trade Committee on the potential use by the Australian Defence Force of unmanned air, maritime, and land platforms resulted in recommendations that included + +that the Australian Defence Force acquire armed unmanned platforms when the capability requirement exists and the Australian Government make a policy statement regarding their use. This policy statement will: +- +affirm that armed unmanned platforms will be used in accordance with international law; +- +commit that armed unmanned platforms will only be operated by the Australian +Defence Force personnel; and +- +include appropriate transparency measures governing the use of armed +unmanned platforms.24 + + +https://perma.cc/3BU8-B4RC. +The government's response to this recommendation included a statement that, +[i]f the Government decides to acquire armed unmanned systems, Defence will develop policy and doctrine concerning their use. All Australian Defence capabilities, including unmanned platforms, will continue to be operated in accordance with Australian domestic law and consistent with Australia's international legal obligations (in particular the provisions of the law of armed conflict).25 At the international level, Australia's statements at meetings of the GGE on LAWS have included the following: + +As a party to Additional Protocol I, Australia fully supports and adheres to the obligation to undertake a review of any new weapon, means or method of warfare to determine whether its employment would, in some or all circumstances, be prohibited by International Humanitarian Law or other international law by which Australia is bound. We recognise the potential complexity of reviewing weapons systems that include increasingly automated functions and look forward to discussing this further. The complexity of weapons reviews is destined to increase as artificial intelligence and machine learning evolves. However, Australia remains committed to the existing legal framework for reviewing new weapons under Article 36 of Additional Protocol I.26 [November 2017] + + +We recognise the potential value which autonomy brings to military and civilian technologies. Systems with advanced artificial intelligence and enhanced autonomous functions are becoming increasingly more prevalent in both contexts. In particular, we understand that militaries throughout the world are incorporating ever more automation into their systems. This is not new or surprising. We welcome discussions on how such technological advances in weapon systems will comply with International Humanitarian Law (IHL), increase precision, and support commanders fulfil their obligations to IHL on the battlefield.27 [April 2018] In March 2018, the Minister for Foreign Affairs, in a letter to a group of AI experts who had called on the government to take a "firm global stand" against LAWS that remove meaningful human control,28 stated that the government "considers it would be premature to support a pre-emptive ban on autonomous weapons systems" and that it "will continue to develop its policies on artificial + +intelligence and LAWS within the framework of [its] international obligations, especially international law."29 +China I. National AI Strategies A. Long-Term AI Development Plan On July 20, 2017, China's State Council released the Next Generation Artificial Intelligence Development Plan (Development Plan).30 The Development Plan sets forth long-term strategic goals for AI development in China, concluding in 2030. It contains "guarantee measures," such as developing a regulatory system and strengthening intellectual property protection, in promoting AI development. The Development Plan is comprised of three stages, concluding in 2020, 2025, and 2030, respectively, and sets forth goals concerning building a regulatory framework and ethics framework for each stage, as follows: +- By 2020, China's overall technology and application of AI would catch up with the globally + +advanced levels. AI ethical norms, policies, and laws and regulations would be initially established in some areas. +- By 2025, China would achieve major breakthroughs in basic AI theories, and become worldleading in some technologies and applications. AI legal, ethical, and policy systems would be initially established, and AI security assessment and control capabilities would be achieved. +- By 2030, China's AI theories, technologies, and applications would achieve world-leading +levels, making China the world's primary AI innovation center. AI legal, ethical, and policy +systems would be further improved.31 + +The Development Plan proposes to "form an institutional arrangement to adapt to the development of AI, build an open and inclusive international environment, and reinforce the social foundation of AI development."32 The specific guarantee measures in this regard include the following: + + + +- Developing regulatory and ethical frameworks: This measure aims to strengthen research on +legal, ethical, and social issues related to AI, and establish regulatory and ethical frameworks to ensure the healthy development of AI. Specifically, China would conduct research on legal +issues related to AI applications, including confirmation of civil and criminal responsibility, +protection of privacy and property, and information security utilization.33 +- Providing tax incentives for AI enterprises: The aim of this key policy is to support the +development of AI enterprises by providing tax incentives and research and development +deductions to high-tech enterprises.34 +- Formulating technical standards: This would see the formulation of technical standards +concerning, for example, network security and privacy protection. Chinese AI enterprises +would be encouraged to participate in or lead the development of international AI standards.35 +- Strengthening the protection of intellectual property (IP): This would promote the IP protection +of AI innovations and promote usage of new AI technology by establishing AI public +patent pools.36 +- Establishing the AI security supervision and evaluation system: the intent is to build an early +warning mechanism of AI security monitoring and an open and transparent AI supervision system. China would promote self-discipline of the AI industry and enterprises, and increase punishments for data abuse, violations of personal privacy, and unethical activities in +this regard.37 +B. Three-Year Action Plan (20182020) To implement the first stage of the Development Plan, in December 2017, China's Ministry of Industry and Information Technology (MIIT) issued the Three-Year Action Plan for Promoting Development of a New Generation Artificial Intelligence Industry (Action Plan).38 According to the Action Plan, China would focus on the following seven fields in the three years from 20182020: +- Intelligent network vehicles + +- Intelligent service robots +- Intelligent unmanned aerial vehicles +- Medical imaging diagnosis systems - Video image identification systems +- Intelligent voice interactive systems +- Intelligent translation systems39 The Action Plan also proposes carrying out research on AI-relevant policies, laws, and regulations as a method for creating a good environment for the healthy development of the AI industry, although it does not elaborate any specific measures.40 + +II. Autonomous Vehicles + +On April 11, 2018, the MIIT, the Ministry of Public Security (MPS), and the Ministry of Transport (MOT) jointly issued a set of trial rules that pave the way for road testing of autonomous vehicles in China (National Rules).41 The National Rules, which took effect on May 1, 2018, contain requirements for test vehicles and test drivers.42 The Rules also specify the testing procedures. For example, a test driver must always sit in the driver's seat of the test vehicle during the test, monitor the status of the test vehicle and the driving environment, and get ready to take over the vehicle anytime.43 Local authorities at the provincial level will formulate implementation rules applicable in their own areas.44 According to the National Rules, a temporary license plate is required for road testing of autonomous vehicles.45 As of October 2018, at least eight cities, including Beijing, Shanghai, Shenzhen, and Chongqing, had published their local rules and started issuing temporary license plates for the road testing of autonomous vehicles in their areas.46 + + +III. Lethal Autonomous Weapons Systems (LAWS) On April 13, 2018, China's delegation to the UN GGE on LAWS reportedly announced China's desire to negotiate and conclude a new protocol for the Convention on Certain Conventional Weapons to ban the use of fully autonomous lethal weapons systems.47 China's latest position paper for the GGE, dated April 11, 2018, indicates China believes that, at present, LAWS still lacks a clear and agreed definition and many countries believe such weapon systems do not exist.48 China therefore supports reaching an agreement on the specific definition of LAWS. It called on "all countries to exercise precaution, and to refrain, in particular, from any indiscriminate use against civilians."49 The position paper also states that it is necessary, "when exploring LAWS-related legal issues, to have full consideration of the applicability of general legal norms to LAWS." 50 Concerning emerging technologies such as AI, China "believes that the impact of emerging technologies deserve objective, impartial and full discussion."51 It states that +"[u]ntil such discussions have been done, there should not be any pre-set premises or prejudged outcome which may impede the development of AI technology."52 + +IV. Facial Recognition China is reportedly building a video surveillance system with cutting-edge technologies such as facial recognition. According to the 2018 annual report of the United States Congressional- Executive Commission on China, as of 2017, the system consisted of twenty million cameras with many having facial recognition capabilities. In addition to fighting crime, a primary function of the system is to maintain social stability, such as preventing protests and demonstrations.53 The country aims to complete a nationwide facial recognition and surveillance network by 2020 with "100 percent surveillance and facial recognition coverage and total unification of its existing databases across the country."54 + + +During 2018, the MPS was reportedly developing a facial recognition database "with the power to identify any one of its 1.3 billion citizens within three seconds," in conjunction with a security company based in Shanghai.55 According to the news report, the database can be connected to surveillance camera networks and will use cloud facilities to connect with data storage and processing centers distributed across the country.56 In cities such as Shenzhen, in Guangdong Province, the traffic police have introduced facial recognition technology and LED screens to shame and deter jaywalkers. Cameras on the streets capture images of people illegally crossing the road and the facial recognition software then identifies the citizens by comparing their images against a database. Photos of those people alongside their family names and part of their ID numbers are displayed on screens.57 In addition, in early 2018 it was reported that police officers in Zhengzhou, Henan Province, were using glasses with facial-recognition software to help search for wanted criminals.58 + + +India + +I. Background According to a report published by the Brookings Institution, the Indian AI industry "has seen growth in this period [20122017], with a total of $150 million invested in more than 400 companies over the past five years. Most of these investments have come in the last two years, when investment nearly doubled from $44 million in 2016 to $77 million in 2017."59 India currently has no laws or government-issued guidelines regulating AI. Instead, the government developed a number of national strategies or road maps related to AI in 2018.60 + + +RZRR. 56 Id. 57 Christina Zhao, *Jaywalking in China: Facial Recognition Surveillance Will Soon Fine Citizens via Text Message*, NEWSWEEK (Mar. 27, 2018), https://www.newsweek.com/jaywalking-china-facial-recognition-surveillance-willsoon-fine-citizens-text-861401, *archived at* https://perma.cc/S5BU-5KK6. 58 Kinling Lo, *In China, These Facial-Recognition Glasses Are Helping Police to Catch Criminals*, SOUTH CHINA MORNING POST (Feb. 7, 2018), https://www.scmp.com/news/china/society/article/2132395/chinese-police-scansuspects-using-facial-recognition-glasses, *archived at* https://perma.cc/7C6S-UNXP. +II. National Initiatives A. Report of the Artificial Intelligence Task Force + +On August 24, 2017, the Ministry of Industry and Commerce constituted an eighteen-member Task Force on AI for India's Economic Transformation,61 which is made up of experts, academics, and researchers/industry leaders, with the participation of governmental bodies/ministries (such as the National Institution for Transforming India (NITI Aayog), Ministry of Electronics and Information Technology, Department of Science and Technology, Unique Identification Authority of India, and Defence Research and Development Organization).62 The task force completed its report in January 2018.63 The task force's report looked at the "use of AI along with its major challenges, and possible solutions for each sector."64 It examined ten sectors, referred to as "domains of relevance to India." +These sectors were: Manufacturing, FinTech, Agriculture, Healthcare, Technology for the Differently-abled, National Security, Environment, Public Utility Services, Retail and Customer Relationship, and Education.65 The task force made several recommendations to the government: + +Noting that 'AI should be seen as a scalable problem solver in India rather than only as a booster of economic growth', the Task Force recommends: (a) the creation of an interministerial National AI mission to coordinate AI-related activities in India; (b) enabling the setting up of digital data banks, marketplaces and exchanges to ensure availability of cross-industry data and information; (c) participating in the elaboration of operation standards for AI-based systems; (d) putting in place enabling policies to encourage and facilitate the development and deployment of AI-based products (such as data policies regarding ownership, sharing rights and usage, as well as tax incentives to support innovation); (e) elaborating an AI education strategy to develop human resources with necessary skills; (f) supporting reskilling of the current workforce; (g) participating in the international policy discussion on the governance of AI technologies; and (h) leveraging + +61 Press Release, Ministry of Commerce and Industry, Commerce and Industry Minister Sets Up Task Force on bilateral partnership on the development of AI solutions for social and economic problems and for sharing best practices in regulation.66 + +B. NITI Aayog Discussion Paper on a National AI Strategy + +On February 1, 2018, Finance Minister Arun Jaitley stated that the government think-tank NITI +Aayog "would lead the national programme on AI" and that "[the government is set to support startups and centres of excellence with respect to AI training and research activities."67 The Committee of Secretaries held a meeting on February, 8, 2018, and tasked NITI Aayog with formulating a National Strategy Plan for AI "in consultation with Ministries and Departments concerned, academia and private sector."68 On June 4, 2018, NITI Aayog published a discussion paper on a National Strategy on Artificial Intelligence.69 The discussion paper states that "[t]he strategy should strive to leverage AI for economic growth, social development and inclusive growth."70 It identified five sectors that could have the most social impact and which should be focused on: Healthcare, Agriculture, Education, Smart Cities/Infrastructure, Smart Mobility, and Transportation.71 Experts have noted that the proposed strategy stands out due to its "focus on the social sector."72 + +The discussion paper provides over thirty policy recommendations, including to "invest in scientific research, encourage reskilling and training, accelerate the adoption of AI across the value chain, and promote ethics, privacy, and security in AI."73 Tim Dutton, an AI policy researcher, provides a summary of some of these policy recommendations: +Its flagship initiative is a two-tiered integrated strategy to boost research in AI. First, new Centres of Research Excellence in AI (COREs) will focus on fundamental research. Second, the COREs will act as technology feeders for the International Centres for Transformational AI (ICTAIs), which will focus on creating AI-based applications in domains of societal importance. In the report, NITI Aayong identifies healthcare, agriculture, education, smart cities, and smart mobility as the priority sectors that will + + +benefit the most socially from applying AI. The report also recommends setting up a consortium of Ethics Councils at each CORE and ICTAI, developing sector specific guidelines on privacy, security, and ethics, creating a National AI Marketplace to increase market discovery and reduce time and cost of collecting data, and a number of initiatives to help the overall workforce acquire skills. Strategically, the government wants to establish India as an "AI Garage," meaning that if a company can deploy an AI in India, it will then be applicable to the rest of the developing world.74 + +## C. Ministry Of Electronics And Information Technology Committees + +The Ministry of Electronics and Information Technology has established four committees to help encourage research in AI. They are headed by "directors of Indian Institutes of Technology (IITs), Nasscom and eminent researchers"75 and include the following: + +i. +Committee on platforms and data for AI, +ii. Committee on leveraging AI for identifying National Missions in key sectors, +iii. Committee on mapping technological capabilities, key policy enablers, skilling, reskilling and R&D +iv. Committee on cybersecurity, safety, legal and ethical issues.76 +The four committees are "presently studying AI in context of citizen centric services; data platforms; skilling, reskilling and R&D; and legal, regulatory and cybersecurity perspectives."77 + +D. AI and Defense +In February 2018, the government of India established a multi-stakeholder task force ("comprising the Government, Services, Academia, Industry, Professionals and Start-ups") to study the strategic and national security implications of AI for India. The task force submitted its report to the Minister of Defense on June 30, 2018. The report is said to include +recommendations relating to making India a significant power of AI in defence, specifically in the area of aviation, naval, land systems, cyber, nuclear and biological warfare including both defensive and offensive needs including counter AI needs; recommendations for policy and institutional interventions required to regulate and encourage robust AI based technologies for defence sector; working with start- + +ups/commercial industry and recommendations for appropriate strategies of working with start ups.78 +Ambassador Amandeep Singh Gill of India was chair of both the 2017 and 2018 meetings of the GGE on LAWS. India's position on LAWS79 is that the Convention on Certain Conventional Weapons is the "relevant forum to address the issue of the possible expansion of the autonomous dimension of lethal weapons systems," 80 and it "advised for balancing the lethality of these weapons with military necessityadopting a wait-and-watch approach to how the conversation evolves."81 +III. Regulatory Framework and Proposed Changes + +A. Privacy Challenges + +India currently does not have a comprehensive legal framework for data protection. On July 27, 2018, the government of India's Committee of Experts (also known as the Justice B.N. Srikrishna Committee) released a Draft Protection of Personal Data Bill82 along with an accompanying report titled *A Free and Fair Digital Economy Protecting Privacy, Empowering Indians*.83 The Bill, like the EU's General Data Protection Regulation, establishes a set of rights but does not appear to include rights to protect against automated decision-making.84 According to an analysis by the Centre for Internet and Society, "the Bill creates a framework to address harms arising out of AI, but does not empower the individual to decide how their data is processed and remains silent on + +International Peace, June 2016), https://carnegieendowment.org/files/CEIP_CP275_Reddy_final.pdf, archived at https://perma.cc/4R3L-ANUX. 80 Statement by Commodore Nishant Kumar, Director (Military Affairs), Ministry of External Affairs, Government of India During the First Session of the Group of Governmental Experts (GGE) on Lethal Autonomous Weapons Systems (LAWS) Held in Geneva on April 9, 2018, PERMANENT MISSION OF INDIA TO CONFERENCE ON +DISARMAMENT, http://meaindia.nic.in/cdgeneva/?6850?003, *archived at* https://perma.cc/DPS9-QLW4. 81 Bedavyasa Mohanty, *Amidst Calls for a Ban, India Leads the Debate on Lethal Autonomous Weapons,* OBSERVER RESEARCHER FOUNDATION (ORF) (Nov. 29, 2017), https://www.orfonline.org/research/amidst-calls-ban-indialeads-debate-lethal-autonomous-weapons/, *archived at* https://perma.cc/ND39-SG79. 82 Personal Data Protection Bill, 2018, http://meity.gov.in/writereaddata/files/Personal_Data_Protection_Bill,2018.pdf, *archived at* https://perma.cc/GN5K- +NJNG. ECONOMY PROTECTING PRIVACY, EMPOWERING INDIANS (2018), http://meity.gov.in/writereaddata/files/Data_ Protection_Committee_Report.pdf, *archived at* https://perma.cc/URX5-YQF6. +India, CIS (Sept. 3, 2018), https://cis-india.org/internet-governance/blog/the-srikrishna-committee-data-protectionthe issue of 'black box' algorithms" and is "focused on placing the responsibility on companies to prevent harm."85 The Committee's report states that + +[t]he second group of rights relate to the right to object to automated decision-making and to access the logic behind it. In our view, these rights, again a response by the EU to emerging challenges from Big Data and AI, have a legitimate rationale. They are aimed at curbing harms due to prejudice and discrimination in output data owing to evaluative determinations without human review. The solution provided by this right is to simply involve a step of human review, which is not per se immune from prejudice. This is a change pertaining to the operational structure of an organisation. Such a change may be necessitated, provided it is carefully tailored to specific organisations and the nature of their processing activity. This, in our view, is better achieved through an accountability framework which requires certain data fiduciaries, which may be making evaluative decisions through automated means, to set up processes that weed out discrimination. This is a constituent element of privacy by design which should be implemented by entities proactively, audited periodically and monitored by the DPA in case there are examples of unlawful processing. At the same time, such a model does not entirely denude the individual of agency. If discrimination has ensued as a result of per se lawful, yet discriminatory automated processing, individuals are always at liberty to go to courts for breach of fiduciary duties. Thus, the interests underlying such rights, can be more efficaciously achieved by an ex ante accountability model.86 B. Automated Vehicles + +The Seventh Schedule of the Constitution of India lists legislative subjects that are in the exclusive or concurrent jurisdiction of the central government or state governments. The regulation of motor vehicles in India appears to be under the concurrent jurisdiction of both the central and state governments.87 Motor vehicle road safety is regulated by the central level by the Motor Vehicles Act88 and the Central Motor Vehicle Rules.89 State governments have their own laws and policies. + +The current Motor Vehicle Act does not appear to allow for automated vehicles (AVs) or AV testing. However, amending legislation, which was passed in the Lok Sabha (lower house of Parliament) on April 10, 2017, but is still pending before the upper house chamber, the Rajya Sabha, includes an exemption that may allow testing of AVs: +Notwithstanding anything contained in this Act and subject to such conditions as may be prescribed by the Central Government, in order to promote innovation and research and development in the fields of vehicular engineering, mechanically propelled vehicles and transportation in general, the Central Government may exempt certain types of mechanically propelled vehicles from the application of the provisions of this Act.90 + +At the end of July 2018, the Minister of Road Transport and Highways was reported to have said that "[w]e won't allow driverless cars in India. I am very clear on this. We won't allow any technology that takes away jobs. In a country where you have unemployment, you can't have a technology that ends up taking people's jobs."91 + +IV. AI and Facial Recognition State police forces across India are working with private companies to deploy AI-assisted facial or image recognition algorithms and predictive policing tools to detect and prevent crimes.92 + +(Working Draft), https://cis-india.org/internet-governance/ai-and-governance-case-study-pdf (last visited Nov. 21, +2018), *archived at* https://perma.cc/RZ35-PFCJ; Abhishek Baxi, Law Enforcement Agencies in India Are Using Artificial Intelligence to Nab Criminals - Here's How, FORBES (Sept. 28, 2018), https://www.forbes.com/sites/ baxiabhishek/2018/09/28/law-enforcement-agencies-in-india-are-using-artificial-intelligence-to-nab-criminalsheres-how/#fce76d241d31, *archived at* https://perma.cc/93LW-TDEG; John R. Quain, Crime-predicting A.I. Isn't Science Fiction. It's About to Roll Out in India, DIGITAL TRENDS (Apr. 11, 2018), https://www.digitaltrends.com/ cool-tech/could-ai-based-surveillance-predict-crime-before-it-happens/, *archived at* https://perma.cc/R76Z-AHPU; Smita Sinha, *How Staqu's AI-Powered Smart Glasses Can Help Cops Identify Criminals in a Crowd*, ANALYTICS INDIA MAGAZINE (May 31, 2018), https://www.analyticsindiamag.com/how-staqus-ai-powered-smart-glasses-canhelp-cops-identify-criminals-in-a-crowd/, *archived at* https://perma.cc/B27C-XZHC. + +Indonesia Indonesian entities are reportedly leaders in the adoption of AI in the ASEAN region, with a recent survey showing that nearly 25% of organizations have done so.93 In October 2018, Indonesia's first AI research center was launched.94 The government itself is using AI, such as in its approach to combatting hoaxes and false information online.95 The government reportedly produced a digital strategy in 2017, with a focus on supporting small and medium enterprises to be "digitally empowered."96 In August 2018, the President of Indonesia stated that the country's automotive sector needed to take note of developments in the global automotive industry, including the challenges arising from the disruption of technology such as autonomous vehicles and online transportation applications. + +With reference to autonomous vehicles, he stated that "we might have to redefine a car."97 There are currently no specific laws or regulations related to autonomous vehicles in Indonesia.98 +Japan The Strategic Council for AI Technology was established in April 2016 at the behest of Japanese Prime Minister Shinzo Abe, to develop research and development goals and a roadmap for the industrialization of AI. Comprised of representatives from academia, industry, and government,99 +read/news/2018/10/27/310922922/Joint-Effort-Drives-Indonesias-First-AI-Research-Center, *archived at* https://perma.cc/Z24L-EB3S. 95 *Government Deploys Artificial Intelligence to Combat Internet Hoaxes*, JAKARTA POST (Jan. 31, 2018), http://www.thejakartapost.com/news/2018/01/31/govt-deploys-artificial-intelligence-to-combat-internethoaxes.html, *archived at* https://perma.cc/4H8A-62R5. 96 Lis Sutjiati, *Indonesia's Digital Economy Will Thrive as Small Business Come Online, Says Gov't*, TECHINASIA +(Nov. 3, 2017), https://www.techinasia.com/indonesias-digital-economy-thrive-small-businesses-online-govt-plan, archived at https://perma.cc/4XHC-XTD2; *Transformation Towards Indonesia's Digital-Savvy MSMEs*, ASSOCIATION OF SOUTHEAST ASIAN NATIONS, https://asean.org/transformation-towards-indonesias-digital-savvymsmes/ (last visited Nov. 19, 2018), *archived at* https://perma.cc/3HHS-NHCW. 97 *We Must Follow the Development of Global Automotive Industry*, SEKRETARIAT KABINET REPUBLIC INDONESIA +(Aug. 2, 2018), http://setkab.go.id/en/we-must-follow-the-development-of-global-automotive-industry/, archived at https://perma.cc/9V8P-787A. +the Strategic Council released its Artificial Intelligence Technology Strategy in March 2017.100 +According to the Strategy, the Council acts as a control tower and manages five national research and development institutions that are under the jurisdictions of the Ministry of Internal Affairs and Communications (MIC); the Ministry of Education, Culture, Sports, Science and Technology +(MEXT); and the Ministry of Economy, Trade and Industry (METI) in order to promote research and development of AI technology. In addition to the three ministries, the Council coordinates with ministries that possess big data and have jurisdiction over industries that utilize AI, such as the Cross-ministerial Strategic Innovation Promotion Program of the Cabinet Office; the Ministry of Health, Labour and Welfare; the Ministry of Land, Infrastructure, Transport and Tourism; and the Ministry of Agriculture, Forestry and Fisheries, to promote the utilization and application of AI technology. 101 The Council has also formulated industrialization roadmaps for the three prioritized areas of "productivity," "health, medical care, and welfare," and "mobility."102 The Strategy also states that national institutions would develop infrastructure technology, foster skilled human resources, maintain public data, and support start-ups.103 In August 2018, the Council issued an implementation plan for the strategy.104 According to a news article, the government is drafting a comprehensive rule on medical devices that utilize AI. The rule would prescribe that the ultimate responsibility for diagnosis remains with medical doctors and set safety standards for approval by the government.105 As a reference for private businesses, METI has formulated Contract Guidance on Utilization of AI and Data to summarize the issues and factors to be considered when businesses draft a contract on the development and utilization of AI-based software.106 The Guidance suggests a new contract model that recognizes the importance of AI-related developers' expertise and compensates them for it.107 + + +100 STRATEGIC COUNCIL FOR AI TECHNOLOGY, ARTIFICIAL INTELLIGENCE TECHNOLOGY STRATEGY (Mar. 31, 2017), http://www.nedo.go.jp/content/100865202.pdf, *archived at* https://perma.cc/Z59H-ZR3M. +101 Id. at 3. 102 Id. at 4. + +Healthcare, Prescribe "Medical Doctor Ultimately Responsible"], NIKKEI (June 26, 2018), https://www.nikkei. + +com/article/DGXMZO32207330V20C18A6MM8000/ (registration required). + +Regarding the regulation of self-driving cars, the government has discussed changes to various laws to prepare for their utilization by 2020.108 Testing of self-driving cars has been allowed in certain conditions.109 In June 2017, the National Police Agency issued circular that allowed testing of remote control autonomous driving system upon permission.110 The MLIT issued a report on an existing law concerning civil responsibility for traffic accidents involving self-driving cars in March 2018.111 + +Malaysia In October 2017, the Malaysian government announced plans to develop a National AI Framework as an expansion of the existing National Big Data Analytics Framework.112 The development of the framework will be led by the Malaysia Digital Economy Corporation. The government also stated that it would establish the Digital Transformation Acceleration Programme (D-TAP) and introduce a "Cloud First" strategy, in addition to its existing Malaysia Tech Entrepreneur Programme (M-TEP).113 In March 2018, the "Deputy Minister of International Trade and Industry (MITI) officiated the Towards Autonomous Technologies Conference 2018, a collaborative efforts [sic] between MIDA (Malaysian Investment Development Authority), CREST (Collaborative Research in Engineering, Science and Technology) and DRB-HICOM University held at the MIDA headquarters."114 The Deputy Minister stated Malaysia has "notable local companies and universities that have initiated +109 National Police Agency, [Guidelines for Testing for Automated Driving System on Public Roads] (May 2016), https://www.npa.go.jp/koutsuu/kikaku/gaideline.pdf, *archived at* https://perma.cc/RLP5-BJBA. +110 National Police Agency, + [Standards of Handling Application for Permission of Road Usage for Testing of Remote Control Autonomous Driving System on Public Roads] (June 2017), http://www.autonomouscar.pref.aichi.jp/application/files/6615/2179/2604/74390936afeef469e578a07d14ec99b5.pdf, *archived at* https://perma.cc/T7E5-UMK5. 111 MLIT, [STUDY GROUP CONCERNING COMPENSATION FOR DAMAGES CAUSED BY SELF-DRIVING CARS REPORT (Mar. 2018), http://www. mlit.go.jp/common/001226365.pdf, *archived at* https://perma.cc/9TF6-ZR5W. 112 Priyankar Bhunia, Plans for Cloud-First Strategy and National AI Framework Revealed at 29th MSC Malaysia Implementation Council Meeting, OPENGOV ASIA (Oct. 28, 2017), https://www.opengovasia.com/plans-for-cloudfirst-strategy-and-national-ai-framework-revealed-at-29th-msc-malaysia-implementation-council-meeting/, archived at https://perma.cc/4T3J-MLJ7. 113 Azura Abas, *Najib Unveils Malaysia's Digital 'To-Do-List' to Propel Digital Initiatives*, NEW STRAITS TIMES +(Oct. 19, 2017), https://www.nst.com.my/news/nation/2017/10/292784/najib-unveils-malaysias-digital-do-listpropel-digital-initiatives, *archived at* https://perma.cc/VV7Q-HGHP. 114 Press Release, Malaysian Investment Development Authority, Embracing Future Innovations: Companies Need to Align with the Dynamic Ecosystem of the Automotive Industry (Mar. 21, 2018), http://www.mida.gov.my/home/ +5977/news/embracing-future-innovations-/, *archived at* https://perma.cc/U92R-2D6N. +several development projects related to autonomous vehicles and its related technologies."115 There are currently no specific laws or regulations related to autonomous vehicles in Malaysia.116 In November 2018, it was reported that the Malaysian government "will seek Japan's assistance on investment in the artificial intelligence (AI) industry in the quest to take its technologies to a more advanced level."117 +New Zealand + +I. Use of Artificial Intelligence in New Zealand + +A number of businesses and other organizations in New Zealand are currently using and developing AI in different sectors, including agriculture,118 legal services, and retail, according to one website that examines the use of artificial intelligence (AI) in the country.119 Within government, the Ministry of Primary Industries has worked with Customs New Zealand; the Inland Revenue Department; and the Ministry of Business, Innovation and Employment, as well as a private IT company, "to find out whether AI has the potential to make it easier for businesses to interact with government in a multi-agency context."120 The AI Proof of Concept was partly inspired by the "opportunities presented by the Better Rules Initiative," which + +showcased "Human and Machine-consumable Rules" as a key component for the digital +transformation of government. Better Rules worked across several government agencies to explore the ideas and practice of turning legislation into machine-consumable 'digital + +mail.com/s/1690988/malaysia-hopes-to-tap-japans-expertise-in-ai-investment, *archived at* https://perma.cc/XA5G- +X6TD. + +rules'. This process found opportunities for government in machine consumable legislation to capture benefits from new technologies - such as artificial intelligence.121 The use of AI to assist digital navigation across government websites was demonstrated among other initiatives at a digital showcase in November 2018.122 + +II. Government Initiatives Related to AI In 2013, the New Zealand government established Callaghan Innovation, a government entity that supports businesses through the provision of innovation and research and development services, and that seeks to "enhance the operation of New Zealand's innovation ecosystem."123 In March 2018, it published a white paper on AI,124 which "predicts how AI will affect [New Zealand's] +agriculture, digital, energy and health sectors within the next few years. It details how different AI +technologies will disrupt each sector in waves and showcases local examples of AI- +powered businesses."125 Subsequently, in May 2018, a report commissioned by the AI Forum New Zealand was launched by the New Zealand government.126 The report provides the "first current-state snapshot of New Zealand's AI landscape, touching on the emerging uses of AI."127 Established in 2017, the AI +Forum is a nonprofit, nongovernmental organization funded by its members that "brings together New Zealand's community of artificial intelligence technology innovators, end users, investor groups, regulators, researchers, educators, entrepreneurs and interested public to work together to find ways to use AI to help enable a prosperous, inclusive and thriving future for our nation."128 Upon launching the report, the government stated that it would develop an action plan and ethical framework regarding AI. As a first step, it would formalize the government's relationship with the interdisciplinary Centre for Law and Policy in Emerging Technologies, which is a collaboration + +121 Id. thanks-to-government-working-collaboratively, *archived at* https://perma.cc/EW2C-43JA. +2018), *archived at* https://perma.cc/C6Q7-SW6J. https://perma.cc/7G8G-BEDK. +between Otago University and the New Zealand Law Foundation.129 In early 2017, the Centre commenced a three-year project "to evaluate legal and policy implications of artificial intelligence +(AI) for New Zealand."130 This project will investigate two key topics: predictive AI technologies in the criminal justice system and AI and employment.131 In the area of data analysis and technology, the government announced in May 2018 that it would undertake a project to "assess how government agencies use algorithms to analyse people's data, to ensure transparency and fairness in decisions that affect citizens."132 It further stated that New Zealand "is leading the work with the UK, Israel, Estonia, South Korea, Canada and Uruguay working together to consider how digital technology impacts fundamental human rights and to share best practice about ways to tackle challenges."133 The government has also appointed and funded a Data Futures Partnership, which aims to "[c]reate a competitive advantage by positioning New Zealand as a high-value, strongly inclusive, hightrust, and high-control data-sharing ecosystem."134 The group has published a draft document, A +Path to Social Licence: Guidelines for Trusted Data Use,135 as part of its "wider work programme to maximise the benefits of data for the public, companies, government agencies, and nongovernmental organisations."136 Other initiatives include the *Principles for Safe and Effective Use of Data and Analytics*, published in 2018 by the Privacy Commissioner and Government Chief Data Steward (who is the chief executive of Stats NZ), which are "intended to help agencies, and guide our thinking to data analytics activities, including algorithmic decision-making."137 Individual government agencies +2018), https://www.odt.co.nz/news/dunedin/campus/university-of-otago/chance-lead-ethical-use-ai, *archived at* https://perma.cc/YZB8-ZTFC. 130 *Artificial Intelligence and Law in New Zealand*, UNIVERSITY OF OTAGO, http://www.cs.otago.ac.nz/research/ ai/AI-Law/ (last visited Nov. 15, 2018), *archived at* https://perma.cc/FCF3-XFQF. 131 Id. *See also Major New Otago Study to Tackle Artificial Intelligence Law and Policy*, UNIVERSITY OF OTAGO +(Jan. 19, 2017), https://www.otago.ac.nz/news/news/otago633498.html, *archived at* https://perma.cc/3UMM-9H88. +132 Press Release, Clare Curran & James Shaw, Government to Undertake Urgent Algorithm Stocktake (May 23, +2018), https://www.beehive.govt.nz/release/government-undertake-urgent-algorithm-stocktake, archived at https://perma.cc/N4WZ-NHCC. *See also* Claire Lord, Algorithm Review Underway to Increase Transparency and Accountability, Data.GOVT.NZ (July 18, 2018), https://www.data.govt.nz/blog/algorithm-review-underway-toincrease-transparency-and-accountability/. 133 Press Release, Government to Undertake Urgent Algorithm Stocktake, *supra* note 132. 134 *Research*, TRUSTED DATA, https://trusteddata.co.nz/research/ (last visited Nov. 14, 2018), archived at https://perma.cc/2JCS-C5Q6. 135 DATA FUTURES PARTNERSHIP, A PATH TO SOCIAL LICENCE: GUIDELINES FOR TRUSTED DATA USE (Aug. 2017), have also developed, or are in the process of developing, resources and policies related to privacy, human rights, and ethical impacts of using personal information and digital data tools, including the Ministry of Social Development138 and the Social Investment Agency.139 + +III. Government Statements on Particular Technologies A. Autonomous Vehicles The government has not received any formal requests to test autonomous vehicles on public roads; however it states that +[t]here are no obvious legal barriers to the deployment of autonomous vehicles for testing in New Zealand. Unlike some countries, NZ law has no explicit requirement for a driver to be present. However, autonomous vehicles could raise issues about who is at fault if they were to crash.140 The government's *Intelligent Transport Systems Technology Action Plan 201418* includes the following action: + + +The Ministry of Transport, in conjunction with the NZ Transport Agency, will review transport legislation to clarify the legality of testing driverless cars in New Zealand. This will specifically consider the issues of liability associated with testing, but will not consider +liability for general use.141 + +It further states as follows: + +Internationally there is a great deal of thought being given to what laws will be necessary for the general operation of driverless vehicles. Their widespread operation will pose complex legal challenges, especially to determine liability in the event of any accident. It is not proposed that the New Zealand government will explicitly look at these legal issues at this time. Rather, the government will continue to monitor international developments + +effective-use-of-data-and-analytics-guidance/, *archived at* https://perma.cc/A3FU-CMKV?type=image. *See also* Data Leadership, STATS NZ (May 16, 2018), https://www.stats.govt.nz/about-us/data-leadership/, archived at https://perma.cc/2HW2-BPX3. 138 *Using Personal Data Responsibly*, MINISTRY OF SOCIAL DEVELOPMENT, https://www.msd.govt.nz/about-msdand draw on this knowledge once international thinking has developed further and it is clearer if or when these vehicles will be commercially available.142 B. Autonomous Weapons Systems + +The New Zealand government participates in the GGE on LAWS, which was established in 2016 at a conference of High Contracting Parties to the Convention on Certain Conventional Weapons.143 At the April 2018 meeting of the GGE, New Zealand made various statements, including that + +[i]n New Zealand's case, and in accordance with our AP1 [Additional Protocol (I) to the Geneva Conventions] obligations, each emerging capability will be reviewed by New Zealand Defence Force using a multi-disciplinary approach and a determination by the Director of Defence Legal Services to ensure it is compliant with IHL [international humanitarian law]. Meaningful human control will be a contextual part of that assessment, alongside the cardinal points of IHL. We are looking at our framework for weapons reviews through the lens of emerging technologies and are interested in similar work being undertaken by others.144 It further stated that, in its view, the ability to exercise human control is critical to whether a weapon would be able to comply with International Humanitarian Law as well as other requirements, such as Rules of Engagement. As articulated by the ICRC [International Committee of the Red Cross] and others, the challenge before us now is to determine the kind of human control that is considered necessary for partially autonomous weapons systems.145 Separate from the government, the AI Forum signed the Lethal Autonomous Weapons Pledge in mid-2018.146 This Pledge calls "upon governments and government leaders to create a future with strong international norms, regulations and laws against lethal autonomous weapons" and states D7B5?OpenDocument (last visited Nov. 14, 2018), *archived at* https://perma.cc/PY2C-XVMW; 2018 Group of Governmental Experts on Lethal Autonomous Weapons Systems (Laws), UNITED NATIONS OFFICE AT GENEVA, https://unog.ch/80256EE600585943/(httpPages)/7C335E71DFCB29D1C1258243003E8724?OpenDocument (last visited Nov. 14, 2018), *archived at* https://perma.cc/9NSH-AD77. 144 GGE on LAWS, Agenda Item 6(d), Statement by Katy Donnelly, Deputy Permanent Representative (New Zealand) to the Conference on Disarmament, Geneva, at 2 (Apr. 13, 2018), https://unog.ch/80256EDD006B8954/(httpAssets)/1180CDB066905100C125827200586183/$file/2018_ LAWS6d_New+Zealand.pdf, *archived at* https://perma.cc/XP5S-FCRR. +Zealand) to the Conference on Disarmament, Geneva, at 1, Apr. 11, 2018, https://unog.ch/80256EDD006B8954/(httpAssets)/4A54EE38E2F8223AC12582720057E761/$file/2018_ LAWS6b_New+Zealand.pdf, *archived at* https://perma.cc/4CUE-ZAS3. +that signatories will not participate in or support the development, manufacture, trade, or use of such weapons.147 +Pakistan + +In April 2018, the government of Pakistan allocated 1.1 billion rupees (about US$7.9 million) for a period of three years for artificial intelligence projects in six universities, under the supervision of the Higher Education Commission (HEC).148 According to one news report, "[s]ix public sector universities have been picked out for setting up nine labs to carry out research in the field of AI."149 During the 2017 and 2018 meetings of the GGE on LAWS, Pakistan was part of a group of countries that expressed their support for a "prohibition on the development, production, and use of AWS"150 and for a "legally binding instrument on LAWS."151 During the 2018 GGE meeting, Pakistan stated that, "[p]ending the negotiation and conclusion of a legally binding Protocol, the states currently developing such weapons should place a moratorium on their production."152 +Singapore + +I. AI Singapore Program In May 2017, Singapore established a national AI program, "AI Singapore," with funding of SG$150 million (about US$109 million) to catalyze, synergize, and boost Singapore's AI capabilities. According to the website of AI Singapore, archived at https://perma.cc/8L9M-BEY2; Statement by Pakistan, Second Session of the CCW GGE on LAWS 80256EDD006B8954/(httpAssets)/8D3985AC41854006C1258272005837D9/$file/2018_LAWS6b_Pakistan.pdf, archived at https://perma.cc/DW3E-WA75. +AI Singapore will bring together all Singapore-based research institutions and the vibrant ecosystem of AI start-ups and companies developing AI products, to grow the knowledge, create the tools and develop the talent to power Singapore's AI efforts. It is driven by a government-wide partnership comprising National Research Foundation (NRF), the Smart Nation and Digital Government Office, the Economic Development Board, the Infocomm Media Development Authority, SGInnovate, and the Integrated Health Information Systems. NRF will invest up to $150 million over five years in AI Singapore.153 + +II. Discussion Paper on AI and Personal Data On June 5, 2018, Singapore's Personal Data Protection Commission (PDPC) published the Discussion Paper on Artificial Intelligence (AI) and Personal Data - Fostering Responsible Development and Adoption of AI (Discussion Paper). 154 The Discussion Paper presents the PDPC's "preliminary analysis of some of the issues pertinent to the commercial development and adoption of AI solutions."155 According to the PDPC, the objective of the Discussion Paper is to propose an accountability-based framework for discussing ethical, governance, and consumerprotection issues related to the commercial deployment of AI in a systematic and structured manner.156 The Discussion Paper sets forth the following two principles for responsible AI: + +(i) Decisions made by or with the assistance of AI should be explainable, transparent and fair so that affected individuals will have trust and confidence in these decisions. +. . . +(ii) AI systems, robots and decisions made using AI should be human-centric.157 + The Discussion Paper is intended to spark discussion on promoting the responsible development and adoption of AI solutions and mitigating potential risks and negative impacts. The PDPC invited organizations in Singapore to adapt the document for their internal use, and encouraged trade associations and chambers, professional bodies and societies, and interest groups to adapt the proposed framework for their sectors in the form of voluntary codes of practice.158 + + +153 *AI Singapore*, NATIONAL RESEARCH FOUNDATION, https://www.nrf.gov.sg/programmes/artificial-intelligence-r- +III. Advisory Council on the Ethical Use of AI and Data On August 30, 2018, Singapore announced the full composition of the Advisory Council on the Ethical Use of AI and Data, to advise and work with the relevant government authority on the responsible development and deployment of AI.159 The Advisory Council is comprised of eleven members from diverse backgrounds, including international leaders in AI such as Google, Microsoft, and Alibaba; advocates of social and consumer interests; and leaders of local companies who are keen to make use of AI.160 According to the official government statement on the composition of the Advisory Council, the Council will assist the Infocomm Media Development Authority (IMDA) in engaging the following stakeholders on issues that support the development of AI governance capabilities and frameworks: + +- Ethics boards of commercial enterprises on ethical and related issues arising from private sector use of AI and data + +- Consumer representatives on consumer expectations and acceptance of the use of AI +- Members of the private capital community on the need to incorporate ethical considerations in +their investment decisions into businesses which develop or adopt AI161 + +The Advisory Council is tasked with assisting the government in developing ethics standards and reference governance frameworks, and publishing advisory guidelines, practical guides, and codes of practice for voluntary adoption by the industry.162 + +IV. Government-Funded Research Program on Governance of AI and Data Use In June 2018, the Singaporean government awarded SG$4.5 million (about US$3.27 million) to the Singapore Management University (SMU) School of Law to set up a five-year research program on the governance of AI and data use. This program seeks to advance discourse in ethical, legal, policy, and governance issues arising from AI and data use.163 According to the speech of Singapore's Minister for Communications and Information announcing the award, the research program + +will enable Singapore to drive thought leadership on these issues and serve as a center for knowledge exchange with international experts. The program will adopt an international perspective and track international developments in these specific research areas.164 + +In September 2018, the SMU launched a new Centre for AI and Data Governance with the SG$4.5 +million in funding.165 + +V. Autonomous Vehicles To regulate trials of autonomous motor vehicles and pave the way for the development of automated vehicle technology in Singapore, an amendment to the Road Traffic Act was passed on February 7, 2017, and assented to by the President on March 13, 2017.166 +The revised Road Traffic Act includes definitions of "automated vehicle technology," +"autonomous motor vehicle," and "autonomous system," as follows: +"automated vehicle technology" means any particular technology that - (a) relates to the design, construction or use of autonomous motor vehicles; or (b) otherwise relates to advances in the design or construction of autonomous motor vehicles; "autonomous motor vehicle" means a motor vehicle equipped wholly or substantially with an autonomous system (also commonly known as a driverless vehicle), and includes a trailer drawn by such a motor vehicle; "autonomous system", for a motor vehicle, means a system that enables the operation of the motor vehicle without the active physical control of, or monitoring by, a human operator[.]167 +The revised Act confers powers on the Minister for Transport to make rules concerning trials and use of autonomous vehicles.168 Among other things, persons authorized to undertake such trials or carry out such use will be required to obtain liability insurance for the entire duration of the trial or use, or to deposit a security with the Land Transport Authority.169 Such persons will also be data-governance, *archived at* https://perma.cc/NR68-39AA. +48a5-91ff-9a59817ac955, *archived at* https://perma.cc/E8HG-4536. +required to publish a notice about the trial or use, before the trial or use starts, in a manner that will secure adequate publicity.170 +Under the Road Traffic (Autonomous Motor Vehicles) Rules 2017, in granting an authorization for trials or use of autonomous vehicles, the Land Transport Authority may impose conditions as it thinks fit, including requiring a qualified safety driver to be seated in an autonomous motor vehicle to monitor the operation of the vehicle and to take over operation of the vehicle if necessary.171 +South Korea South Korea has an advanced robotics industry. In 2008, the National Assembly enacted the Intelligent Robot Development and Promotion Act to establish and promote a policy on the sustainable development of the intelligent robot industry.172 An intelligent robot is defined by the Act as "a mechanical device that perceives the external environment for itself, discerns circumstances, and moves voluntarily."173 The government formulated national plans for the development and distribution of intelligent robots in 2009 and 2014 based on the law.174 The Act states that the government "may enact and promulgate the charter on intelligent robot ethics."175 The Act defines the "charter on intelligent robot ethics" as + +a code of conduct established for persons involved in the development, manufacture, and use of intelligent robots in order to prevent various kinds of harmful or adverse effects, such as destruction of social order, that may arise from the development of functions and intelligence of intelligent robots, and to ensure intelligent robots contribute to enhancing the quality of life of human beings.176 + +It appears that the code has not yet been enacted.177 +Responsible?], BUSINESS WATCH (July 30, 2018), http://news.bizwatch.co.kr/article/industry/2018/07/24/0029 (in Korean), *archived at* https://perma.cc/4396-DFGT. +I. Robotics and AI In 2016, the South Korean government planned to put 500 billion won (US$440 million) toward expanding the country's robotics industry, 178 including the promotion of research and development into autonomous vehicles and social robots for healthcare.179 In February 2018, the government released a new development strategy for the intelligent robot industry along with four action plans. The action plans call for accelerating market expansion with collaborative robots and service robots while enhancing the industry's supply and demand capabilities. The government provides a training program for postgraduate-level AI and robot convergence experts in cooperation with colleges.180 + +II. AI Promotion Policy + +The South Korean governments funds many efforts toward the development of the AI industry. In 2016, the MSIP released a report titled Mid- to Long-term Plan in Preparation for the Intelligent Information Society.181 The plan called for large-scale government investment to strengthen the country's research and development in AI and for legal and ethical reforms for the intelligent information society, among other things.182 In January 2018, the South Korean government issued a report prepared jointly by six governmental entities outlining policies to promote technological development. AI is one of the targeted areas in the report. According to the report, the government plans to support early commercialization of self-driving vehicles and intelligent robots, among other things.183 + + +180 Sang-mo Kim, *Policy Directions for S. Korea's Robot Industry*, BUSINESS KOREA (Aug. 17, 2018), http://www.businesskorea.co.kr/news/articleView.html?idxno=24394, *archived at* https://perma.cc/545Y-NVVH; +Jin-young Cho, *S. Korea to Promote Collaborative Robotics for Manufacturing Field*, BUSINESS KOREA (Feb. 8, +2018), http://www.businesskorea.co.kr/news/articleView.html?idxno=20497, *archived at* https://perma.cc/473R- +24FR. https://perma.cc/93VV-6P74. 182 Id. at 56. 183 Hee Woong Yoon et al., *South Korean Government Launches a New Strategy to Promote Innovative Growth*, LUS LABORIS (Feb. 12, 2018), https://theword.iuslaboris.com/hrlaw/insights/south-korean-government-launches-anew-strategy-to-promote-innovative-growth/, *archived at* https://perma.cc/SRR7-WHUR. +On May 15, 2018, the Presidential Committee on the Fourth Industrial Revolution (PCFIR)184 +finalized a research and development strategy to support the plan to invest 2.2 trillion won (about US$1.95 billion) in public-sector AI projects over the next five years, to develop AI technology and nurture 5,000 AI specialists.185 + +III. Autonomous Car Development South Korea has developed K-City, an unpopulated city for autonomous vehicle testing based on +5G mobile networks. Testing of autonomous vehicles has been conducted at K-City.186 +Taiwan + +I. Taiwan AI Action Plan + +On January 18, 2018, Taiwan announced a four-year "Taiwan AI Action Plan" (20182021).187 +Under the Plan, Taiwan's Executive Yuan will allocate an annual budget of up to 10 billion New Taiwan dollar (about US$324 million) to develop Taiwan's AI industry.188 The Plan outlines five initiatives: cultivating talent, developing Taiwan's niche AI, incubating local AI start-ups, reconciling laws for AI development, and introducing AI technologies to industries. 189 Aiming to allow more flexibility for AI development in Taiwan, legislation encouraging innovation in financial technology and easing employment restrictions on foreign skilled workers has been passed, and more bills are under consideration, including on information security and government procurement.190 + + +INSIGHTS (Dec. 12, 2018), https://enterpriseiotinsights.com/20181212/connected-cars-2/south-korea-completesworks-kcity-autonomous-driving-testing-zone, *archived at* https://perma.cc/73MB-LSZL. +Jianduan Zhihui Guojia [Executive Yuan Passed "AI Taiwan Action Plan," Taiwan Moves to Cutting-Edge Smart Country] (Jan. 18, 2018), https://www.ey.gov.tw/File/52E248317FCF71AD?A=C, *archived at* +https://perma.cc/SH8N-4329. 188 Id.; *Cabinet Plans to Develop the Nation's AI Industry*, AI TAIWAN, https://ai.taiwan.gov.tw/news/cabinet-plansto-develop-the-nations-ai-industry/ (last visited Nov. 30, 2018), *archived at* https://perma.cc/M2N8-BKNA. 189 Id. 190 *Test Fields and Regulatory Co-creation*, AI TAIWAN, https://ai.taiwan.gov.tw/actionplan/test-fields-andregulatory-co-creation/ (last visited Nov. 30, 2018), *archived at* https://perma.cc/9BCY-4FU9. +II. Autonomous Vehicles On November 30, 2018, the Legislative Yuan passed the Act for Unmanned Vehicle Technology Innovative Experiments, which was enacted by the President on December 19, 2018.191 The Act has not yet entered into force; the date of enforcement will be decided by the Executive Yuan.192 The Act exempts developers from certain legal restrictions when testing unmanned vehicles for a prescribed period of time. "Unmanned vehicles" governed by the Act include land vehicles, aircraft, ships, or any combination thereof, that are remotely controlled or capable of autonomous operations by surveying their surroundings, determining their position, and determining the best route.193 + +## Europe And Central Asia + +European Union I. General Data Protection Regulation + +On May 25, 2018, the EU's General Data Protection Regulation (GDPR) took effect.1 It applies directly in all EU Member States without any implementing legislation needed.2 Among other rights, the GDPR guarantees individuals the right to have a decision based solely on automated processing (an algorithm) be made or reviewed by a natural person instead of a computer.3 + +II. European Parliament's Resolution on Civil Law Rules on Robotics On February 16, 2017, the European Parliament adopted a legislative initiative resolution in which it recommended a range of legislative and nonlegislative initiatives in the field of robotics and AI +to the European Commission.4 Among other things, it called on the European Commission to adopt a proposal for a legislative instrument providing civil law rules on the liability of robots and AI, "to propose common Union definitions of cyber physical systems, autonomous systems, smart autonomous robots and their subcategories," establish criteria for the classification of robots that would need to be registered, establish a designated EU Agency for Robotics and Artificial Intelligence, and propose a charter consisting of a code of conduct for robotics engineers, a code for research ethics committees when reviewing robotics protocols, and model licenses for designers.5 It also asked the Commission to consider "creating a specific legal status for robots in the long run, so that at least the most sophisticated autonomous robots could be established as having the status of electronic persons responsible for making good any damage they may cause, and possibly applying electronic personality to cases where robots make autonomous decisions or otherwise interact with third parties independently."6 + +The European Commission in its follow-up to the resolution agreed that it was necessary to "examine whether and how to adapt civil law liability rules to the needs of the digital economy" + +and stated that it intended to work with the European Parliament and the EU Member States on an EU response. 7 Among other things, it plans to evaluate the Product Liability Directive 8 and explore risk-based liability regimes.9 It stated that more examination is necessary in order to decide whether and what kind of definitions are needed for regulatory purposes. 10 It rejected the recommendation by the European Parliament to establish a new European Agency for Robotics and AI and proposed expert group discussions with EU Member States, industry, and standardizers instead.11 + +III. European Commission Actions In April 2018, the European Commission published its communication "Artificial Intelligence for Europe" (Communication) in which it outlined the EU's approach to taking advantage of the opportunities offered by AI and addressing the challenges posed by it.12 From 20142017, the EU +invested 1.1 billion (about US$1.26 billion) in AI-related research and innovation under the Horizon 2020 research and innovation program. 13 Among other things, the Communication emphasizes that the EU has to ensure that no one is left behind in the digital transformation and that AI is developed and applied based on the EU's values and fundamental rights.14 It is also reviewing existing rules on safety and civil law liability.15 The Commission published a followup communication and a coordinated plan that built on the original Communication in December 2018.16 + +lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:31985L0374&from=EN, *archived at* http://perma.cc/ VT8M-RUCK. 9 Follow up to the European Parliament Resolution of 16 February 2017 on Civil Law Rules on Robotics, supra note 7, at 2. + +10 Id. at 3. + +52018DC0237&from=EN, *archived at* http://perma.cc/FB52-HPK3. 13 Id. at 6. +On December 18, 2018, the High-Level Expert Group on Artificial Intelligence (AI HLEG) +fifty-two experts from academia, civil society, and industry appointed by the Commission17 released draft AI ethics guidelines, which set out a framework for designing trustworthy AI.18 +According to the guidelines, trustworthy AI must "respect fundamental rights, applicable regulation and core principles and values, ensuring an "ethical purpose," and "be technically robust and reliable since, even with good intentions, a lack of technological mastery can cause unintentional harm."19 Stakeholders were allowed to submit comments until January 18, 2019.20 +A final version is slated to be published in March 2019.21 + +The AI HLEG also proposed an updated definition of AI,22 defining it as follows: + +Artificial intelligence (AI) refers to systems designed by humans that, given a complex goal, act in the physical or digital world by perceiving their environment, interpreting the collected structured or unstructured data, reasoning on the knowledge derived from this data and deciding the best action(s) to take (according to pre-defined parameters) to achieve the given goal. AI systems can also be designed to learn to adapt their behaviour by analysing how the environment is affected by their previous actions. As a scientific discipline, AI includes several approaches and techniques, such as machine learning (of which deep learning and reinforcement learning are specific examples), machine reasoning (which includes planning, scheduling, knowledge representation and reasoning, search, and optimization), and robotics (which includes control, perception, sensors and actuators, as well as the integration of all other techniques into cyberphysical systems).23 + + Furthermore, the European Commission established a Robotics and Artificial Intelligence Unit whose mission is the +development of a competitive industry in robotics and Artificial Intelligence in Europe including industrial and service robots as well as the growing field of autonomous systems spanning from drones and driverless vehicles to cognitive vision and computing. The Unit + +market/en/high-level-expert-group-artificial-intelligence (last updated Oct. 29, 2018), *archived at* +supports also the wide uptake and best use of robotics and Artificial Intelligence in all industrial and societal fields.24 Furthermore, it "follows the Ethical and Legal issues related to robots and autonomous systems such as liability and . . . the aspects related to the impact of automation and robotics on jobs and work environment."25 On June 18, 2018, the European Economic and Social Committee (EESC) and the European Commission held a stakeholder summit on AI with a wide range of participants.26 They discussed legal and ethical challenges, the socioeconomic impact, and the industrial competitiveness of AI. + +IV. Declaration of Cooperation on Artificial Intelligence On April 10, 2018, twenty-four EU Member States 27 and Norway signed the Declaration of Cooperation on Artificial Intelligence to develop a European approach to AI.28 Romania, Greece, and Cyprus joined the initiative in May 2018, and Croatia in July 2018.29 In the Declaration, the signatories agreed to cooperate on + +- +[b]oosting Europe's technology and industrial capacity in AI and its uptake, including better access to public sector data; these are essential conditions to influence AI development, fuelling innovative business models and creating economic growth and new qualified jobs; +- +[a]ddressing socio-economic challenges, such as the transformation of the labour +markets and modernising Europe's education and training systems, including upskilling & reskilling EU citizens; [and] +- +[e]nsuring an adequate legal and ethical framework, building on EU fundamental rights and values, including privacy and protection of personal data, as well as principles such +as transparency and accountability.30 + + +events/ ai-europe-stakeholder-summit?_cldee=Y2NqbXVsbGVyQGtwbm1haWwubmw%3d&recipientid=contact- 418703e1eed3e511bb64005056a05070-be6e28a0f92045fd8a0c34cea92a9638&esid=f7a166c8-965d-e811-8113- 005056a043ea&urlid=4, *archived at* http://perma.cc/T6JC-XXWU. 27 The countries are Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and the United Kingdom. + +aideclarationatdigitaldaydocxpdf.pdf, *archived at* http://perma.cc/F6U4-NV4C. +V. European Supervisory Authorities' Report + +On September 5, 2018, the European Supervisory Authorities (ESAs)31 published a joint report on the results of the monitoring exercise on "automation in financial advice."32 The report concluded that no immediate action is necessary, because there are currently only a limited number of firms involved in automation in financial advice and the identified risks have not materialized. The ESAs plan to carry out a new monitoring exercise if development of the market and market risks warrant it.33 + +VI. Connected and Automated Vehicles + +In 2016, the European Commission published a communication on intelligent transport systems.34 +It proposed, inter alia, the adoption of a legal framework at the EU level by 2018 developed through learning by experience.35 In 2018, the Commission published another communication that outlined the EU strategy to enable the EU and its Member States to "be a leader in delivering safe, efficient, socially responsible and environmentally friendly driverless mobility for EU +citizens."36 The 2018 Communication is accompanied by two legislative proposals to implement that objective, one for a revision of the General Safety Regulation,37 and one for a proposal for amendments to the directive on road infrastructure safety.38 With regard to intelligent transport European Economic and Social Committee and the Committee of the Regions. A European Strategy on Cooperative Intelligent Transport Systems, a Milestone Towards Cooperative, Connected and Automated Mobility, COM (2016) +766 final (Nov. 30, 2016), https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:52016DC0 +766&from=EN, *archived at* http://perma.cc/6HY6-4SST. +35 Id. at 11, para. 3.7. 36 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions. Europe on the Move. Sustainable Mobility for Europe: Safe, Connected, and Clean, COM (2018) 293 final (May 17, 2018), at 17, https://eurlex.europa.eu/resource.html?uri=cellar:0e8b694e-59b5-11e8-ab41-01aa75ed71a1.0003.02/DOC_1&format=PDF, archived at http://perma.cc/QBZ9-EMPD. 37 Proposal for a Regulation of the European Parliament and of the Council on Type-Approval Requirements for Motor Vehicles and Their Trailers, and Systems, Components and Separate Technical Units Intended for Such Vehicles, as Regards Their General Safety and the Protection of Vehicle Occupants and Vulnerable Road Users, Amending Regulation (EU) 2018/... and Repealing Regulations (EC) No 78/2009, (EC) No 79/2009 and (EC) No +661/2009 (General Safety Regulation), COM (2018) 286 final (May 17, 2018), https://eurlex.europa.eu/resource.html?uri=cellar:f7e29905-59b7-11e8-ab41-01aa75ed71a1.0003.02/DOC_1&format=PDF, systems, the Commission published a decision in December 2018 which sets out an updated working program to achieve the objectives of the 2010 Directive on Intelligent Transport Systems.39 + +VII. Lethal Autonomous Weapons Systems In the August 2018 meeting of the GGE LAWS, the EU stated that it "considers it worthwhile to review more regularly and systematically the fast-paced developments in the area of emerging technologies, including artificial intelligence (AI), providing an opportunity to technical experts to share information on autonomous technologies relevant for our work."40 The EU emphasized that it is necessary that "humans remain in control of the development, deployment and use with regard to possible military applications of emerging technologies, including AI, and prevent the creation and use of harmful applications."41 + + +Austria + +I. Government Statements and Actions The Austrian government in its 20172022 government program stated that "new digital technologies like AI, robotics, and blockchain will have unforeseeable effects on our society."42 It envisages the use of AI in public administration and therefore wants to establish a legal framework in order to "use innovative, new business models and technologies for the development of society while simultaneously safeguarding the data autonomy/sovereignty of citizens and consumers."43 In 2017, the Austrian Federal Ministry for Transport, Innovation, and Technology (BMVIT) established the Austrian Council for Robotics and Artificial Intelligence (Osterreichischer Rat fur c20188264_en.pdf, *archived at* http://perma.cc/H7S5-6HNE; Directive 2010/40/EU on the Framework for the Deployment of Intelligent Transport Systems, 2010 O.J. (L 207) 1, https://eur-lex.europa.eu/legal-content/ EN/TXT/PDF/?uri=CELEX:32010L0040&from=EN, *archived at* http://perma.cc/Q6XT-X4YP. 40 European External Action Service (EEAS), Convention on Certain Conventional Weapons - Group of Governmental Experts - Lethal Autonomous Weapons Systems. EU Statement Group of Governmental Experts Lethal Autonomous Weapons Systems Convention on Certain Conventional Weapons Geneva, 2731 August 2018, https://eeas.europa.eu/headquarters/headquarters-homepage/49763/convention-certain-conventional-weapons-groupgovernmental-experts-lethal-autonomous-weapons_en, *archived at* http://perma.cc/H7FL-W7DZ. 41 Id. 42 Zusammen. Fur unser Osterreich. Regierungsprogramm 20172022 [Together. For Our Austria. Government Program 20172022], at 75, https://www.bundeskanzleramt.gv.at/documents/131008/569203/Regierungs programm_20172022.pdf/b2fe3f65-5a04-47b6-913d-2fe512ff4ce6, *archived at* http://perma.cc/K8AQ-VM4Z (translation by author). 43 Id. at 81 (translation by author). + +Robotik und kunstliche Intelligenz). 44 The Council consists of nine experts from research, academia, and business. The inaugural meeting took place on October 24, 2017. Its primary mandate is to assist the BMVIT in developing an AI and robotics strategy, but it is also authorized to independently address essential technological, economic, social, and legal questions in this area, and issue recommendations.45 The process for developing a federal AI strategy under the auspices of the BMVIT with participation from the Federal Ministry for Digital and Economic Affairs +(BMDW) is slated to be concluded in the third quarter of 2019.46 The full strategy will be based on the White Paper published by the Austrian Council for Robotics and Artificial Intelligence47 and the Artificial Intelligence Mission Austria 2030.48 + +II. Autonomous Vehicles In 2016, Austria amended its Motor Vehicles Act to allow the use of automated or networked vehicle systems. 49 These systems may be used if they are either permitted or fulfill certain conditions established by regulation for test purposes. However, the law provides that the driver must remain responsible to take over the driving functions if necessary.50 Autonomous vehicles Bundesminister fur Verkehr, Innovation und Technologie betreffend "AI Strategie und neue Datenpolitik fur Osterreich" [Answer from the Federal Minister for Transport, Innovation, and Technology Engineer Nobert Hofer to the Written Request (1101/J) of the Representative Stephanie COX, BA, Colleagues to the Federal Minister for Transport, Innovation, and Technology re "AI Strategy and New Data Policy for Austria"], no. 1087/AB (Aug. 21, +2018), at 4, https://www.parlament.gv.at/PAKT/VHG/XXVI/AB/AB_01087/imfname_707510.pdf, *archived at* +http://perma.cc/T6SJ-AFCE. 47 OSTERREICHISCHER RAT FUR ROBOTIK UND KUNSTLICHE INTELLIGENZ [AUSTRIAN COUNCIL FOR ROBOTICS AND ARTIFICIAL INTELLIGENCE], DIE ZUKUNFT OSTERREICHS MIT ROBOTIK UND KUNSTLICHER INTELLIGENZ POSITIV +GESTALTEN. WHITE PAPER DES OSTERREICHISCHEN RATS FUR ROBOTIK UND KUNSTLICHE INTELLIGENZ [CREATING A +POSITIVE FUTURE FOR AUSTRIA WITH ROBOTICS AND ARTIFICIAL INTELLIGENCE. WHITE PAPER OF THE [AUSTRIAN COUNCIL FOR ROBOTICS AND ARTIFICIAL INTELLIGENCE (Nov. 2018), https://www.acrai.at/images/download/ ACRAI_whitebook_online_2018.pdf, *archived at* http://perma.cc/TF56-NX38. 48 BMVIT & BMDV, AIM AT 2030. ARTIFICIAL INTELLIGENCE MISSION AUSTRIA 2030, https://www.bmvit.gv.at/ +may only be tested on the road if they have car insurance and transmit certain data to the BMVIT.51 +Test drives on public roads may only be conducted after the vehicles have been tested sufficiently in advance.52 The results of the tests must be transmitted to the BMVIT after the end of the trial period.53 Information on critical situations, accidents, and their causes must be reported without undue delay.54 In addition, all test vehicles with automated or networked systems must be equipped with an accident data recorder that must be activated during all test drives.55 + +III. Lethal Autonomous Weapon Systems At the April 2018 meeting of the GGE of the High Contracting Parties to the Convention on Conventional Weapons (CCW), Austria stated it believes that LAWS require a clear regulation and that it is in favor of "establishing a legally binding instrument in order to prohibit lethal autonomous weapon systems that are not under meaningful human control."56 Austria emphasized that "meaningful human control over critical functions" of LAWS must be maintained.57 In August 2018, Austria, together with Brazil and Chile, submitted a proposal to the GGE for a new CCW mandate to "negotiate a legally-binding instrument to ensure meaningful human control over the critical functions" of weapons systems.58 + + +Belarus + +I. High Technologies Park The government of Belarus has adopted the State Program for the Development of the Digital Economy and the Information Society for 20162020.59 The goal of the program is to "improve conditions that facilitate the transformation of human activities under the influence of ICT, including the formation of a digital economy, the development of an information society and the improvement of e-government." In line with the priorities of the Program, the President issued a Decree on the Development of the Digital Economythe main legislation governing AI in Belarus.60 The Decree specifies the functions and the areas of activities for the High Technologies Park (HTP). In particular, point 1 of the Decree specifies that the Park must conduct activities in the area of AI and engage in the creation of autonomous vehicles. + +The HTP was established by the government of Belarus to stimulate development of high-tech, IT-intensive technologies. The Park operates under special tax and legal regimes, and allows foreign entities to be registered in Belarus in order to obtain tax benefits. Since 2015, HTP-resident companies have been allowed to become involved in new science-intensive activities. Presently, any company engaged in IT and related industries (micro-, opto- and nanoelectronics; +mechatronics; telecommunications; radar ranging; radio navigation; and wireless communication), information protection, and establishment of data processing centers may apply for residency within the HTP and benefit from the tax incentives and other advantages it provides. HTP-resident companies may work and provide services in the field of information system analysis, designing, and software development (IT consulting, audit, national information networks maintenance, database development, and corporate information systems implementation and support).61 + +II. Autonomous Vehicles According to the state news agency Belarusian Telegraph Agency, President Lukashenko has expressed his support for the development of driverless vehicles in Belarus. 62 On February 2018 + +it was announced that a high-tech company, a resident of the HTP, will set a site for autonomous vehicle test driving on the territory of the Park.63 Belgium I. Introduction + +Overall, with the exception of autonomous vehicles and lethal autonomous weapons systems, the Belgian government has not been very active on issues related to AI so far. This may change in the near future, however, as both chambers of the Belgian Parliament currently have working groups studying AI questions. Members of the Chamber of Representatives proposed the creation of an "inclusive and sustainable robo-digital agenda" in July 2017,64 and the working group to design this agenda started meeting in January 2018.65 Similarly, the Senate created a working group to write a report on "the fallout, opportunities, potentialities and risks of a digital 'intelligent society'."66 This working group has been meeting and conducting hearings since July 2018.67 Additionally, Belgium is an observing member of the International Organization for Standardization's technical committee on AI.68 II. Autonomous Vehicles The Belgian government has adopted policies to encourage the development of autonomous vehicles. In 2016, it published a "Code of Good Practices" to guide companies and institutions + +2643/54k2643001.pdf, *archived at* https://perma.cc/E98J-R4NA. 65 Gilles Vanden Burre, Premiere reunion du groupe de travail sur l'agenda robonumerique au Parlement [First Meeting of the Working Group on a Robo-Digital Agenda in Parliament], GILLESVANDENBURRE.BE (Jan. 18, 2018), https://gillesvandenburre.be/2018/01/18/premiere-reunion-groupe-de-travail-lagenda-robonumerique-parlement/, archived at https://perma.cc/H4JQ-CA6R. 66 Senat de Belgique [Belgian Senate], Demande d'etablissement d'un rapport d'information relatif a la necessaire collaboration entre l'Etat federal et les entites federees en ce qui concerne les retombees, les opportunites, les potentialites et les risques de la societe intelligente numerique [Request for the Drafting of an Information Report on the Necessary Collaboration Between the Federal Government and the Federated Entities With Regards to the Fallout, Opportunities, Potentialities and Risks of a Digital "Intelligent Society"], S. 6-413, May 24, 2018, https://www.senate.be/www/webdriver?MItabObj=pdf&MIcolObj=pdf&MInamObj=pdfid&MItypeObj=application /pdf&MIvalObj=100663911, *archived at* https://perma.cc/VJ62-PZYV. 67 Senat de Belgique [Belgian Senate], Fiche du Dossier [Case File], S. 6-413, http://www.senate.be/www/?MIval that wish to test autonomous vehicles in Belgium, particularly with respect to security standards.69 +This document was directly inspired by the British document, The Pathway to Driverless Cars: A +Code of Practice for Testing, published the previous year.70 In March 2018, the Traffic Code was amended to allow autonomous vehicles to be tested on Belgian roads, subject to government approval.71 + +III. Lethal Autonomous Weapons Systems In July 2018, the Belgian Parliament adopted a resolution to prohibit the use of LAWS by Belgian armed forces.72 This measure was criticized by some opposition parties as not going far enough, as it allows Belgium to continue research into LAWS.73 At the international level, Belgium has expressed opposition to the idea of creating a new international treaty on LAWS.74 +Czech Republic The Czech Republic introduced amendments to the Act on Surface Communication aimed at the regulation of autonomous vehicles. According to the amendments autonomous vehicles will be allowed on the roads of Czech Republic provided a capable driver is present in the car.75 The draft bill enhanced the definition of "driver" to include a stand-by driver in an autonomous vehicle and also introduced safety standards for operating autonomous vehicles.76 + + +Regarding Tests of Automatized Vehicles], http://www.ejustice.just.fgov.be/cgi/article_body.pl?language=fr& +caller=summary&pub_date=18-04-19&numac=2018011160, *archived at* https://perma.cc/BP5U-EB4S. +72 Chambre des representants de Belgique [Belgian Chamber of Representatives], Resolution visant a interdire l'utilisation, par la Defense belge, de robots tueurs et de drones armes [Resolution for the Purpose of Prohibiting the Use, by the Belgian Defense, of Killer Robots and Armed Drones], July 19, 2018, http://www.lachambre.be/FLWB/ +pdf/54/3203/54K3203005.pdf, *archived at* https://perma.cc/N77D-SVMF. +Robots], LA LIBRE (July 4, 2018), http://www.lalibre.be/actu/belgique/la-defense-ne-pourra-pas-utiliser-de-robotstueurs-5b3c96bc5532692547e326b4, *archived at* https://perma.cc/5HYT-SQ6S. archived at https://perma.cc/2M7K-SLGD. 75 Mezi Poslance Miri Prvni Zakon, Ktery Resi Provoz Samoriditelnych Aut [Among the MPs, the First Law, Which Deals With the Operation of Self-Driving Cars Is Introduced], ZDOPRAVY.CZ, https://zdopravy.cz/mezi-poslancemiri-prvni-zakon-ktery-resi-provoz-samoriditelnych-aut-12269/, *archived at* https://perma.cc/YMP2-2HUF +76 Id. +Denmark + +I. National Strategy + +Denmark announced a digital strategy in 2018.77 It includes spending on a National Center for Research in Digital Technologies (Nationalt Center for Forskning i Digitale Teknologier).78 The following six areas were specifically mentioned as priorities: + +1. Digital hub for a strengthened growing environment, +2. Digital lift for small and medium sized businesses 3. Digital fluency for all [focusing on primary education] +4. Data that drives growth of the businesses 5. Agile regulation of businesses +6. Increased IT-security for business79 + Denmark invested DKK 750 million (about US$115 million) in 2018, and will invest DKK 125 +million (about US$19 million) annually until 2025 to fund initiatives connected to these goals.80 +The initial sum includes an extra start-up amount, aimed at establishing a number of new initiatives.81 Possible initiatives include changed tax provisions to allow for greater deductions for investment in technology.82 Examples of changes to regulations include rules that enable new business models.83 According to the government the purpose behind the new business models is to test new areas, as is done today in the fields of driverless transport and within FinTech.84 The success of the initiatives also relies on other factors such as increased spending on small businesses in general, enabled by the guarantee agreement with the European Investment Fund and Vkstfonden (Danish Growth Fund) of DKK 1.6 million (about US$245,000). 85 In addition Denmark is increasing its spending on research. In 2018 it will spend DKK 80 million (about US$12 million) on "digital technologies such as artificial intelligence (AI), big data, Internet of Things, IT-security, etc." 86 Danish efforts to use AI in the welfare sectorfor example, in + +77 ERHVERVSMINISTERIET, STRATEGI FOR DANMARKS DIGITALE VKST [STRATEGY FOR DIGITAL GROWTH] (Jan. + +targeting child welfare benefits fraudhas been criticized as potentially threatening to privacy and other important values.87 The Nordic countries have also joined together in a number of collaborative responses to AI, including together with the Baltic States.88 + +II. Autonomous Vehicles + +Danish law provides for testing of driverless cars.89 The current trial term is from 2017 to 2020.90 The Vejdirektoratet (Danish Road Directorate) has issued a binding Guide on driverless cars.91 Applications for testing are determined by the Frdselsstyrelsen (Danish Road Safety Agency).92 Denmark has also tested driverless buses.93 Denmark has tested autonomous vehicles in perfect weather and in rainy weather.94 While the results were positive for operation in clear weather, the autonomous vehicles tested in rainy weather had a success rate of 6992%.95 A majority of Danes believe autonomous vehicles will be driving on the roads by 2030.96 + + +Regeringskansliet, Sverige ska leda AI-samarbete i Norden och Baltikum (May 14, 2018), https://www.regeringen. se/pressmeddelanden/2018/05/sverige-ska-leda-ai-samarbete-i-norden-och-baltikum/, *archived at* https://perma.cc/ 6FPK-DSSB. 89 92f BEKENDTGRELSE AF FRDSELSLOVEN [VEHICLES ACT] (LBK nr 1324 af 21/11/2018), https://www.rets information.dk/forms/R0710.aspx?id=204976, *archived at* https://perma.cc/2DDJ-2BAT; BEKENDTGRELSE OM ASSESSORER I FORBINDELSE MED FORSG MED SELVKRENDE MOTORKRETJER (BEK 789 af 16/06/2017), https://www.retsinformation.dk/Forms/R0710.aspx?id=192104, *archived at* https://perma.cc/9A2H-F5NM. +90 Id. 91 Vejdirektoratet, Vejledning til ansgning om forsg med selvkrende motorkretjer [Guidelines for Application for Testing of Self-driving Vehicles] (June 29, 2017), http://www.vejdirektoratet.dk/DA/viden_og_data/temaer/ +Selvkoerendebiler/Documents/Vejledning til ansgning om forsg med selvkrende biler.pdf, *archived at* https://perma.cc/SZ9F-HET6. 92 Id. at 2. presse/presse-og-nyheder/danmarks-foerste-foererloese-bus-i-rute-var-en-passagersucces, *archived at* +https://perma.cc/HR8B-RVTY. +Selvkoerendebiler/Sider/default.aspx, *archived at* https://perma.cc/26MR-8LG5. 95 Id. 96 Id. + +III. Lethal Autonomous Weapons Systems Denmark has not passed any legislation banning LAWS. The Danish Defense has published a report that addresses the issues connected to autonomous weapons and international law.97 It concluded that current developments have increased the demand for lawyers within the military.98 + +Denmark participated in the United Nations Office at Geneva meetings on LAWS in 2015.99 The Danish Ambassador for Disarmament announced at the meeting that "all use of forceincluding lethal autonomous weapons systemsmust be in compliance with international humanitarian law, i.e. the fundamental rules of distinction, proportionality, and precaution in attack. And all use of force must remain under 'meaningful human control'."100 Human Rights Watch has criticized Denmark for not doing more on the issue.101 Estonia + +I. AI Strategy On March 27, 2018, the government of Estonia announced its intention to formulate an AI +strategy.102 It stated that it would assemble a cross-sectoral group of experts to develop the strategy. The group would also prepare a bill that will allow the use of "kratts," i.e., fully autonomous information systems, in all areas of life and ensure legal clarity as well as the required supervision. It is expected that the bill will be ready to be presented in Parliament during 2019. The following challenging legal issues with respect to AI are among the questions being considered by the group of experts: + +- The cause and effect relations with regard to algorithms. Marten Kaevats, Adviser of the Strategy Unit of the Government Office, stated, "[f]rom a legal perspective, this is a +98 Id. at 214. C5B8B0A4AD379822C1257E26005D7D20/$file/2015_LAWS_MX_Denmark.pdf (last visited Dec. 21, 2018), archived at https://perma.cc/Z58Z-9HVX. +complicated area, as the algorithms of an AI act as a 'black box'even the creator of the artificial intelligence is not always sure why the algorithm made a certain decision."103 + + +- Responsibilities and liabilities in the implementation of the systems without human +interference. In a more recent article, Kaevats stated, "[a] year into the public debate over +algorithmic-liability law (a.k.a. the Kratt law), opinion leans toward avoiding sector-based regulation, opting for general algorithmic liability instead. The biggest conversation starter is +the idea of giving algorithms a separate legal status, similar to companies."104 + +In addition to the ethical, moral, and philosophical debate over AI liability, the group of experts is also working on enforcement issues.105 + +II. Autonomous Vehicles + +On August 16, 2016, the government of Estonia created an expert group on self-driving vehicles aiming at developing policies, studies, and a legal framework for autonomous vehicles. In February 2017 the group recommended test driving of autonomous vehicles on Estonian roads. On March 2, 2017, the Ministry of Economic Affairs and Communications announced that testing of autonomous vehicles is allowed on the roads of Estonia, provided the driver is present in the car to take control of the vehicle if needed. The testing right for Estonia's public roads applies to selfdriving vehicles classified as level SAE 2 or SAE 3 vehicles according to the classification of the International Society of Automotive Engineers. The main requirement regarding these vehicles is that they should have either a driver present in the car or controlling the car remotely. The expert group is working towards developing liability, insurance, privacy, and ethics regulations concerning autonomous vehicles. It is also envisaged that the government will allow testing of vehicles with a higher degree of autonomy (SAE 4 or SAE 5) in the near future.106 + + +Finland + +I. National Agenda + +Finland wants to become a leading country in AI.107 To that end the Ministry of Economic Affairs and Employment has declared that "[l]egislation should naturally also support the change."108 Finland has yet to adopt ethical rules on the use of AI. Finnish Kela (the Finnish Insurance System) is involved in creating ethical rules for AI based on the ethics challenge of Finland's AI +program.109 Ethical guidelines are part of the national program for AI.110 AI Finland also provides a draft ethical guideline on its webpage.111 In addition, Kela is taking part in Institute of Electrical and Electronics Engineers (IEEE) Standards Association's Ethics Certification Program for Autonomous and Intelligent Systems (ECPAIS).112 + +As noted above, the Nordic countries have also joined together in a number of collaborative responses to AI, including together with the Baltic States.113 + + +https://www.kela.fi/web/en/press-releases/-/asset_publisher/LgL2IQBbkg98/content/ethical-principles-for-ai-arebeing-defined-with-kela-in-central-role, *archived at* https://perma.cc/82YB-AMCS. 110 Id.; see also *Ethics Challenge*, AI FINLAND, https://www.tekoalyaika.fi/en/background/ethics/ (last visited Dec. + +18, 2018), *archived at* https://perma.cc/S5QZ-LYRX. 111 AI FINLAND, EXAMPLES OF THE ETHICAL PRINCIPLES OF ARTIFICIAL INTELLIGENCE, https://www.tekoalyaika.fi/ wp-content/uploads/2018/09/esimerkkeja_tekoalyn_eettisista_periaatteista_en-1.pdf (last visited Dec. 18, 2018), archived at https://perma.cc/NT9T-HHC6. 112 Id.; see *also* Press Release, IEEE, IEEE Launches Ethics Certification Program for Autonomous and Intelligent Systems (Oct. 2, 2018), https://standards.ieee.org/news/2018/ieee-launches-ecpais.html, *archived* at https://perma.cc/3WBR-VJ6U. 113 Declaration, Nordic Council of Ministers & Government of Sweden, AI in the Nordic-Baltic Region, May 14, +2018, https://www.regeringen.se/49a602/globalassets/regeringen/dokument/naringsdepartementet/20180514_nmr_ +deklaration-slutlig-webb.pdf, *archived at* https://perma.cc/RT92-BWN7; Declaration, Nordic Council of Ministers for Digitalization, The Nordic-Baltic Region: A Digital Frontrunner (Apr. 25, 2017), https://www.norden.org/ en/declaration/nordic-baltic-region-digital-frontrunner, *archived at* https://perma.cc/SUL2-XZT4; Press Release, Regeringskansliet, Sverige ska leda AI-samarbete i Norden och Baltikum (May 14, 2018), https://www.regeringen. se/pressmeddelanden/2018/05/sverige-ska-leda-ai-samarbete-i-norden-och-baltikum/, archived at https://perma.cc/6FPK-DSSB. + +II. Autonomous Vehicles Finland allows for testing of driverless cars. Scania is testing semi-autonomous technology in its trucks in Finland with a driver in the car.114 Finland is part of the Artic Challenge testing of driverless cars under wintery conditions.115 The Political Party SFP in Finland has proposed the adoption of policies that would make Finland the first country in the world not only to welcome autonomous cars, but also to forbid nonautonomous cars.116 + +III. Lethal Autonomous Weapons Systems Finland has not issued an official position on lethal autonomous weapons. Finland took part in the 2015 UNOG expert panel on LAWS, where they welcomed more work on whether LAWS is compatible with the Convention on Certain Conventional Weapons framework.117 + + +France + +I. Introduction According to technology commentators, France has some of the world's best mathematics and engineering schools, and some of the world's leading data scientists and AI researchers come from the country.118 While many of these French-trained researchers and engineers go on to work in the United States and elsewhere, France is nevertheless said to have one of the strongest AI ecosystems in Europe, alongside Germany and the United Kingdom.119 Indeed, "AI companies from these top three countries make up more than half of the European AI company total."120 + + +https://www.liikennevirasto.fi/web/sv/-/hur-halls-en-forarlos-bil-pa-en-snoig-vag-de-forsta-mellanresultaten-franprojektet-som-undersoker-automatiseringen-av-vagtrafiken-i-vinterforhallande, *archived at* https://perma.cc/FA9U- DVSJ. 116 *Motion 19 - Automatiserad trafik och sjalvkorande bilar*, SFP (Nov. 27, 2018), https://sfp.fi/politik/beslutpolitiska-program/partidagsbeslut/partidagen-2016-i-abo/motion-19-automatiserad-trafik-och-sjalvkorande-bilar/, archived at https://perma.cc/5XTR-4BSW. F9C1257F0F00383E96/$file/finland.pdf, *archived at* https://perma.cc/BN6R-HD2A. +French President Emmanuel Macron has made it one of his government's priorities to build on these assets and make France a world leader in AI. In this spirit, he has promised to allocate 1.5 billion (approximately US$1.7 billion) in public funding to AI by 2022 "in a bid to reverse a brain drain and catch up with the dominant US and Chinese tech giants."121 In parallel, the French government has deployed some efforts towards anticipating the regulatory challenges related to AI. Additionally, the French government has been experimenting with using AI for certain aspects of governance. In particular, the Courts of Appeals of Rennes and Douai tested predictive justice software on various appeals cases in 2017.122 +France is a participating member of the International Organization for Standardization's technical committee on AI.123 + +II. CNIL Report A 2016 law tasked the Commission Nationale de l'Informatique et des Libertes (National Commission on Computer Technology and Civil Liberties, CNIL) with studying the societal and ethical stakes related to new digital technologies.124 As part of this mission, the CNIL produced a report on "the ethical stakes of algorithms and artificial intelligence" in December 2017.125 This report points to six broad ethical issues surrounding AI: +- Will human free-will and responsibility be eroded if decision-making is increasingly delegated to machines and software? + +- The voluntary or accidental inclusion of bias and discrimination in AI. - As AI fosters the segmentation of solutions (customized for each unique individual profiles), +how does that affect the collective logic of certain essential features of our society, such as democratic pluralism and the idea of risk mutualization? + +u-s-china-idUSKBN1H51XP, *archived at* https://perma.cc/5VNR-KE5D. +december-2018/16808f699c, *archived at* https://perma.cc/7XP4-SWK6; Philippe Rozec & Louise Thiebaut, Intelligence artificielle : les limites de la justice predictive [*Artificial Intelligence: The Limits of Predictive Justice*], LES ECHOS (Nov. 2, 2017), https://www.lesechos.fr/idees-debats/cercle/030810043202-intelligence-artificielle-leslimites-de-la-justice-predictive-2126908.php, *archived at* https://perma.cc/K2WM-3399. 123 *Participation: ISO/IEC JTC 1/SC 42 Artificial Intelligence*, INTERNATIONAL ORGANIZATION FOR STANDARDIZATION, https://www.iso.org/committee/6794475.html?view=participation (last visited Nov. 23, 2018), archived at https://perma.cc/4W7M-SZDY. 124 Loi No. 2016-1321 du 7 octobre 2016 pour une Republique numerique [Law No. 2016-1321 of 7 October 2016 +for a Digital Republic], art. 59, https://www.legifrance.gouv.fr/affichTexte.do?cidTexte=JORFTEXT000033202746 +&dateTexte=&categorieLien=id, *archived at* https://perma.cc/A82Q-2M7W. + +- How to balance the benefits of big data with the necessity of protecting individual privacy. - How to select the data used to feed AI machine learning, balancing quality, quantity, and +pertinence to the purpose being pursued. +- How the development of autonomous AI, as well as the blurring of the line between humans +and machines, put into question the very meaning of human identity.126 + To deal with these challenges, the CNIL report suggests two general principles and six concrete recommendations. The two principles are that of loyalty (*loyaute*, which can also be translated as +"faithfulness") and vigilance/reflexivity.127 The first principle refers to the idea that algorithms should not betray the interests of its usersnot just as consumers but more broadly as citizens and members of communities or other groups whose interests may be affected by the algorithm.128 +The second principle refers to the idea that the constant evolution and unpredictability of AI +requires methodical, deliberative, and regular re-examination by all stakeholders.129 The CNIL's six concrete recommendations include the following: +- The ethical education of all involved in the development and use of AI + +- Further efforts to make algorithms understandable by their users - To design algorithms to serve human freedom and to counteract the "black box" effect - To create a national body to audit algorithms - To encourage research on ethical AI and launch great national research project geared towards +the general interest +- To reinforce ethics compliance bodies within corporations130 + +III. Other Government Reports In 2017, the government established a task force to develop strategies to boost France's leadership in the field of AI, including two working groups on how to manage the economic, social, ethical, national sovereignty, and national security implications of AI.131 The resulting report covered several themes, including the importance of AI serving "autonomous individual development, necessary for a functioning democratic society," improving transparency, and giving individuals more control over their private data.132 +Another government mission, commissioned by the French prime minister and led by member of Parliament and mathematician Cedric Villani, worked from September 2017 to March 2018 to study policy options for AI in France. This mission presented its findings in a March 2018 conference entitled "AI for Humanity," which was held at the College de France, one of France's premier research institutions.133 President Macron made a speech during this conference, in which he outlined France's ambition and strategy with regard to AI.134 The President's speech, and the Villani Mission's report, included considerations on aspects of AI that may need a legislative or regulatory framework. Among other considerations, the Villani Mission's report discussed the necessity of "opening the Black Box" (better understanding why an algorithm comes to a certain conclusion), implementing ethics by design, considering collective rights to data, continued human control over AI, promoting equality, and ensuring that everyone can benefit from AI.135 At the international level, France recently joined Canada to create an expert International Panel on Artificial Intelligence to "support and guide the responsible adoption of artificial intelligence, centered on the respect for human rights, inclusion, diversity, innovation and economic growth."136 + +IV. Autonomous Vehicles France has expressed the ambition of taking a major role in the development of autonomous vehicles, with an emphasis on safety. According to a policy paper published in May 2018, the French government's strategy includes a progressive approach to experimenting with autonomous vehicles, special attention to road security and cybersecurity risks, close cooperation between public authorities and the car industry to develop a regulatory framework, and European cooperation.137 In the spirit of the latter point, France entered into a joint endeavor with Germany and Luxembourg to create a cross-border, digital test bed for automated and connected driving.138 + +134 Id.; Speech, Emmanuel Macron, AI for Humanity (College of France, Paris, Mar. 29, 2018), http://www.elysee. fr/declarations/article/transcription-du-discours-du-president-de-la-republique-emmanuel-macron-sur-l-intelligenceartificielle/ (in French), *archived at* https://perma.cc/T2B9-YPMA. *See also* CEDRIC VILLANI, DONNER UN SENS A +L'INTELLIGENCE ARTIFICIELLE [FOR A MEANINGFUL ARTIFICIAL INTELLIGENCE] (Mar. 2018), https://www.aifor humanity.fr/pdfs/9782111457089_Rapport_Villani_accessible.pdf, *archived at* https://perma.cc/QTC5-DPW6, English version *available at* https://www.aiforhumanity.fr/pdfs/MissionVillani_ Report_ENG-VF.pdf, *archived at* https://perma.cc/G9YS-DCXH. 135 VILLANI, *supra* note 134, at 1517 & 112147. 136 *France and Canada Create New Expert International Panel on Artificial Intelligence*, GOUVERNEMENT.FR +(French government website) (Dec. 7, 2018), https://www.gouvernement.fr/en/france-and-canada-create-newexpert-international-panel-on-artificial-intelligence, *archived at* https://perma.cc/J95F-C9PR. 137 REPUBLIQUE FRANCAISE [FRENCH REPUBLIC], DEVELOPPEMENT DES VEHICULES AUTONOMES, ORIENTATIONS +STRATEGIQUES POUR L'ACTION PUBLIQUE [DEVELOPMENT OF AUTONOMOUS VEHICLES, STRATEGIC ORIENTATIONS +FOR PUBLIC ACTION] 8 (May 2018), https://www.ecologique-solidaire.gouv.fr/sites/default/files/90p%20VDEF.pdf, archived at https://perma.cc/8GHC-6TCZ. 138 FRANCO-GERMAN-LUXEMBURGISH COOPERATION ON AUTOMATED AND CONNECTED DRIVING: CONCEPT FOR THE CROSS-BORDER DIGITAL TEST BED (May 8, 2018), https://www.ecologique-solidaire.gouv.fr/sites/default/files/2018- 05-08 Concept Digital Test Bed GER FRA LUX.pdf, *archived at* https://perma.cc/BK6Y-9HQT. +Furthermore, beginning January 1, 2019, the French government has been able to authorize level +4 autonomous vehicles on public roads for testing purposes.139 + +V. Lethal Autonomous Weapons Systems A 2013 French initiative has led to annual international discussions on LAWS within the framework of the Convention on Certain Conventional Weapons.140 President Macron declared in an interview that he is "dead against" the deployment of LAWS. 141 However, the French government has only proposed the adoption of a nonbinding declaration to curtail LAWS, and is opposed to the idea of a new international treaty on the issue.142 +Germany + +The German Federal Government aims to make Germany "a leading centre for AI . . . through pursuit of a speedy and comprehensive transfer of research findings to applications and the modernisation of administration," and aspires to make "AI made in Germany" a globally recognized quality mark.143 Its priorities are to expand AI research, transfer research findings and AI methods to businesses, support innovation competitions, create incentives for start-ups, develop international and European frameworks for AI in the labor market, fund and attract international scientists and talent, use AI in public administration, make data available and usable, revise the regulatory framework to ensure legal certainty if necessary, set standards, network on a national and international level, and engage in dialogue with different stakeholders. + + +DESARMEMENT A GENEVE [PERMANENT REPRESENTATION OF FRANCE TO THE CONFERENCE ON DISARMAMENT IN +GENEVA] (Aug. 3, 2016), https://cd-geneve.delegfrance.org/Presentation-and-position-of-France-1160, *archived at* https://perma.cc/6XD3-U82R. 141 Nicholas Thompson, *Emmanuel Macron Talks to Wired About France's AI Strategy*, WIRED.COM (Mar. 31, +2018), https://www.wired.com/story/emmanuel-macron-talks-to-wired-about-frances-ai-strategy/, archived at https://perma.cc/DA6U-J2F8. 142 Armes : Il faut negocier un traite d'interdiction des armes letales autonomes [Weapons: We Must Negotiate a Treaty to Ban Lethal Autonomous Weapons], HUMAN RIGHTS WATCH (Aug. 27, 2018), https://www.hrw.org/fr/ +news/2018/08/27/armes-il-faut-negocier-un-traite-dinterdiction-des-armes-letales-autonomes, *archived at* https://perma.cc/JC23-3BFB; CAMPAIGN TO STOP KILLER ROBOTS, REPORT ON ACTIVITIES, *supra* note 74, at 8. 143 Bundesregierung [Federal Government], Eckpunkte der Bundesregierung fur eine Strategie Kunstliche Intelligenz [Key Points for a Federal Government Strategy on Artificial Intelligence] (July 18, 2018), at 1, no. 1a, https://www. bmbf.de/files/180718 Eckpunkte_KI-Strategie final Layout.pdf, *archived at* http://perma.cc/8PFK- +HP2Z, English translation available at https://www.bmwi.de/Redaktion/EN/Downloads/E/key-points-for-federalgovernment-strategy-on-artificial-intelligence.pdf?__blob=publicationFile&v=4, *archived at* http://perma.cc/5MSP- 5NPF. +I. National Agendas and Strategies In August 2014 and 2016 respectively, the German government published its Digital Agenda 20142017, which sets out guiding principles for its digital policy and highlights a number of key fields of action, and the Digital Strategy 2025.144 Among other things, two big data competence centers were established. In the implementation report, the government points out that artificial intelligence (AI) and machine learning provide the essential tools to deal with big data.145 Since 2016, Germany has organized an annual digital summit, which brings together representatives from business, academia, and society and serves as a "central platform for cooperation on shaping a forward-looking policy framework for the digital transformation."146 The Digital Summit 2018 will focus on AI as one of the "hot topics" of digitalization. According to the website, the Digital Summit 2018 aims to "help Germany to take advantage of the great opportunities offered by artificial intelligence whilst correctly assessing the risks and helping to ensure that human beings stay at the heart of a technically and legally secure and ethically responsible use of AI."147 In July 2018, the German government published key points for an Artificial Intelligence Strategy +(AI Strategy) (Strategie Kunstliche Intelligenz).148 The complete AI Strategy was published at the end of November 2018 and publicly presented at the Digital Summit 2018 in December.149 It forms part of the overall digital strategy and the digital agenda. The AI Strategy states that AI technology must be build "upon the basis of European values, such as the inviolability of human dignity, respect for privacy and the principle of equality."150 Among other things, the government strives to "raise awareness among developers and users of AI technology about the ethical and legal limits publicationFile&v=3, *archived at* http://perma.cc/6ZAA-DDM3; FEDERAL MINISTRY FOR ECONOMIC AFFAIRS AND ENERGY, DIGITAL STRATEGY 2025 (Apr. 2016), https://www.de.digital/DIGITAL/Redaktion/EN/Publikation/ digital-strategy-2025.pdf?__blob=publicationFile&v=9, *archived at* http://perma.cc/93XR-GZJJ. 145 Bundesregierung [Federal Government], Legislaturbericht. Digitale Agenda 20142017 [Legislative Report. + +Digital Agenda 20142017] at 32 (May 2017), http://www.bmi.bund.de/SharedDocs/downloads/DE/publikationen/ +themen/moderne-verwaltung/legislaturbericht-digitale-agenda-2014-2017.pdf?__blob=publicationFile&v=4, archived at http://perma.cc/EQD9-XLJW. 146 *Digital Summit: Shaping the Digital Transformation Together*, BUNDESMINISTERIUM FUR WIRTSCHAFT UND ENERGIE [FEDERAL MINISTRY FOR ECONOMIC AFFAIRS AND ENERGY], https://www.de.digital/DIGITAL/ Navigation/EN/Digital-Summit/digital-summit.html (last visited Nov. 15, 2018), *archived at* http://perma.cc/A8SG- EBUV. +Federal Government] (Nov. 2018), https://www.ki-strategieof the use of artificial intelligence and to examine whether the regulatory framework needs to be further developed in order for it to guarantee a high level of legal certainty."151 + +II. Data Ethics Commission On September 5, 2018, the newly created German Data Ethics Commission held its inaugural meeting. 152 The Data Ethics Commission is composed of sixteen experts from the fields of medicine, law, computer science, statistics, economics, theology, ethics, and journalism. It is independent, but receives organizational support from the Federal Ministry of the Interior, Building and Community (BMI) and the Federal Ministry of Justice and Consumer Protection (BMJV). The Commission is tasked with proposing ethical guidelines for data policy, algorithms, artificial intelligence, and digital innovation, and providing recommendations and regulatory proposals to the German government.153 + +With regard to the German government's AI Strategy, the Data Ethics Commission recommended adding one additional objective and one additional area of action. 154 It suggested including +"upholding the ethical and legal principles based on our liberal democracy throughout the entire process of developing and applying artificial intelligence" and "promoting the ability of individuals and society as a whole to understand and reflect critically in the information society."155 + +III. Autonomous Vehicles On December 13, 2016, an act implementing an amendment to the Vienna Convention on Road Traffic, an international treaty, entered into force in Germany, which allowed the transfer of driving tasks to vehicles themselves. 156 This amendment to the Vienna Convention concerns technical requirements for automated driving systems. Furthermore, in June 2017, Germany amended its Road Traffic Act to allow drivers to transfer control of the vehicle to highly or fully + +automated driving systems and for those vehicles to be used on public roads.157 The driver remains obligated to take over the driving functions from the automated driving system without undue delay if the driving system tells him to do so or if the driver realizes or should have realized that the conditions for using an automated driving system are no longer fulfilled.158 In addition, a +"black box" in the car must record whether the vehicle is controlled by the driver or by the driving system.159 The amendment also raised the maximum amount that a victim is allowed to recover for driving accidents involving such automated driving systems to 10 million (about US$11.3 million) for personal injury or death and to 2 million (about US$2.3 million) for property damage.160 In addition, an Ethics Commission on Automated and Connected Driving was set up by the German Federal Minister of Transport and Digital Infrastructure.161 The Ethics Commission is made up of fourteen academics and experts from ethics, law, and technology. In August 2017, it published its report, which sets out twenty ethical guidelines for the programming of automated driving systems with a focus on safety, human dignity, personal freedom of choice, and data autonomy.162 Guideline number 4, for example, states that + +[t]he purpose of all governmental and political regulatory decisions is thus to promote the free development and the protection of individuals. In a free society, the way in which technology is statutorily fleshed out is such that a balance is struck between maximum personal freedom of choice in a general regime of development and the freedom of others and their safety.163 + +## Iv. Lethal Autonomous Weapon Systems The German Government In Its Coalition Agreement Stated That It "Rejects Autonomous Weapon Systems Devoid Of Human Control" And Called For A Global Ban.164 At The Meeting Of The Gge On + + +LAWS it proposed, together with France, to adopt a political declaration to "affirm that State parties share the conviction that humans should continue to be able to make ultimate decisions with regard to the use of lethal force and should continue to exert sufficient control over lethal weapons systems they use."165 +Hungary + +I. AI Coalition The Hungary Ministry of Information and Technology announced the establishment of the Artificial Intelligence Coalition on October 9, 2018.166 The Coalition is comprised of seventy membersrepresentatives of Hungarian and international companies, universities, scientific workshops, and professional and administrative organizations. The goals of the coalition are to + +- create the framework for cooperation in the AI area; + +- serve as a reference point for the international AI community; and +- define the directions and the framework for AI-based development.167 The Coalition also aims to contribute to the development of an AI strategy, including assessing the socioeconomic impacts of AI.168 Hungary has not yet enacted any AI-related regulations. + +II. Autonomous Vehicles On October 31, 2018, Hungary's Minister of Transportation announced that Hungary was a leader in research and development of infrastructure for autonomous driving cars in Europe. The Minister also mentioned that Hungary is developing a "globally unique" test environment, which includes a self-driving vehicle test track in Zalaegerszeg, in western Hungary.169 +Iceland I. General The Icelandic Prime Minister addressed the issue of AI at the Global Positive Forum in 2018, stating that it is important that AI serve all and not just the few.170 Iceland is also the home to an independent institute that focuses on AI, the Icelandic Institute for Intelligent Machines +(IIIM/Vitvelastofnun Islands).171 The Institute has issued a recommended ethics policy to be used when conducting research and development on AI.172 As noted above, the Nordic countries have also joined together in a number of collaborative responses to AI, including together with the Baltic States.173 + +II. Autonomous Vehicles + +In 2016, the Icelandic Road and Coastal Administration (Vegagerin) issued a report on selfdriving cars in Iceland.174 It concluded that the greatest variable risk in connection with selfdriving cars in Iceland is the Icelandic weather.175 At the time of publication there had been no convincing technological solutions to the risks associated with the weather.176 Iceland's readiness to adopt autonomous vehicles has also been reviewed by the European Commission,177 which concluded that Icelandic weather was a problem and that the Icelandic infrastructure might need +173 Declaration, Nordic Council of Ministers & Government of Sweden, AI in the Nordic-Baltic Region, May 14, +2018, https://www.regeringen.se/49a602/globalassets/regeringen/dokument/naringsdepartementet/20180514_nmr_ +deklaration-slutlig-webb.pdf, *archived at* https://perma.cc/RT92-BWN7; Declaration, Nordic Council of Ministers for Digitalization, The Nordic-Baltic Region: A Digital Frontrunner (Apr. 25, 2017), https://www.norden.org/ en/declaration/nordic-baltic-region-digital-frontrunner, *archived at* https://perma.cc/SUL2-XZT4; Press Release, Regeringskansliet, Sverige ska leda AI-samarbete i Norden och Baltikum (May 14, 2018), https://www.regeringen. se/pressmeddelanden/2018/05/sverige-ska-leda-ai-samarbete-i-norden-och-baltikum/, archived at https://perma.cc/6FPK-DSSB. 174 SJALFAKANDI BILAR, RYNI ASTNA A ISLANDI, VEGAGERIN (Jan. 2016), https://trimis.ec.europa.eu/sites/ default/files/project/documents/Sj%C3%A1lfakandi%20b%C3%ADlar.pdf, *archived at* https://perma.cc/7S5S- HXQV. +to be altered to accommodate autonomous vehicles.178 It was further suggested that autonomous testing by Volvo conducted in Gothenburg should be followed closely.179 + +III. Lethal Autonomous Weapons Systems Iceland does not have an active military. The Icelandic Parliament passed a resolution in 2016 to work towards the ban of LAWS.180 +Ireland + +Ireland has been referred to multiple times in news reports as the "AI Island." 181 The emergence of Ireland as a hub for the development of AI technology appears to be a natural evolution of the booming technology industry that is already established in the country, where several major technology businesses have their headquarters. Reports have noted that "much of Ireland's prowess in AI in recent years is down to the maturing and upskilling of tech companies in Ireland,"182 rather than to the development of a strategy aiming to encourage the development of the AI industry. Ireland signed the EU Declaration on Artificial Intelligence on April 10, 2018. While there is currently no strategy solely dedicated to AI, Ireland notes that the Enterprise Strategy will cover developments in AI, and it revised its ICT Research Priority Areas for the period 20182023 to include AI.183 + +Italy + +I. AI in Italy While other developed countries have a large number of startups exploring AI projects (e.g. as of April 2018, the US had 1,393, EU 769, China 383, and Israel 362), Italy reportedly has only twenty-two such initiatives.184 At the EU level, AI projects are being developed in the energy, automotive, construction, agriculture, public administration, and infrastructure areas, among others. In this context, AI experts in Italy have highlighted the need for the country to deepen its commitment to pan-European AI initiatives by creating or diversifying government, social, and investment programs that would allow access to the larger EU market for Italy-based AI +projects.185 Also, experts note that Italy should put into place stronger conditions to attract foreign AI researchers and entrepreneurs.186 + +In July 2018, a group of higher education institutions created the Artificial Intelligence and Intelligent Systems Lab, with the aim of strengthening the country's "basic and applied research in AI, support the country's ICT industry by promoting technology transfer from research to entrepreneurship, and promote the adoption of AI solutions in the public administration."187 In addition, the Italian Association for Artificial Intelligence, established in 1988, has about nine hundred members from academia, the government, and private companies, and holds an annual conference. 188 The Association's areas of work are knowledge representation and reasoning, machine learning, deep learning, optimization, planning, ontologies, robotics, natural language processing, and multi-agent systems.189 In particular, the Association has favored projects aimed at + +- promoting innovative procurement to integrate AI solutions in public services, + +- creating pilot projects for the use of AI in the public sector, - fostering research and education, and +- creating synergies with research institutions to promote the development of AI solutions for +the public administration.190 + + +II. White Book on AI In March 2018, the Agency for Digital Italy published a White Book on Artificial Intelligence that describes the current status of AI in Italy, calls on all stakeholders to improve access to AI in Europe and Italy, proposes a new common culture for innovation in public services, and sets forth challenges related to AI for the Three-Year Plan for Information Technology in the Public Administration, published in 2017.191 These challenges include + +- potential areas of application of AI initiatives; + +- ethical and technological challenges; - AI competency of government agencies; +- data storage and sharing; - development of an appropriate legal framework for AI; and - promotion of key principles for advancing AI initiatives, including human dignity +and equality.192 + In particular, the White Book states the government's interest in facilitating the adoption of AI strategies and approaches at public agencies in order to provide the general public with faster and more efficient services in, among others, the areas of public health, education, the judicial system, and public security.193 The White Book recognizes the need to update the legal and regulatory framework for AI in Italy, balancing public and private interests, as well as abiding by the principle of transparency of administrative acts, protection of privacy and copyright, fostering accountability, and establishing an effective system of social control for the protection of the fundamental rights of the person.194 The White Book includes ten recommendations for consideration by the government, including the creation of a "National Competence Center and a Trans-disciplinary Center on AI," a national platform to promote the collection of annotated data, and measures to disseminate AI-related skills through the public administration.195 + + +III. Development of a National AI Strategy On September 13, 2018, the Italian government published a call for expressions of interest to become part of a group of high-level experts that will prepare a National Strategy on AI (the Group).196 The Group will be entrusted with the preparation of the National Strategy, with the aim of "developing policies and tools on the various issues related to the development and adoption of IA [AI] systems," focusing on the following objectives: +- Improving research and coordination in the field of AI + +- Encouraging public and private investment in AI +- Attracting talent and entrepreneurial initiatives in the field of AI +- Encouraging the development of the data-economy, with particular focus on the circulation of +non-personal data according to the highest standards of interoperability and cybersecurity +- Reviewing the existing legislative and regulatory framework applicable to products and +services related to AI +- Analyzing and evaluating the socioeconomic impacts likely to be caused by the widespread +adoption of AI-based systems, and elaborating on the tools to mitigate these impacts197 + The call for expressions of interest in becoming a member of the Group states that the National Strategy will be the subject of public consultation.198 + +IV. Autonomous Vehicles + +Concerning self-driving cars in Italy, a Ministerial Decree of 2018 199 provides that the experimentation or testing of autonomous vehicles on a protected site or public streets must be performed by a human driver (supervisor) possessing certain specific qualifications, including among others, having possessed a driver's license for at least five years concerning the specific vehicle under testing, and other requirements related to accreditation in another EU country and + +197 Id. 198 Ministero dello Sviluppo Economico, Avviso Pubblico per la Manifestazione d'Interesse per la Selezione di 30 +Componenti del Gruppo di Esperti di Alto Livello per l'Elaborazione della Strategia Nazionale sull'Intelligenza Artificiale [Public Call for the Expression of Interest for the Selection of 30 Members of the Group of High-Level Experts for the Preparation of the National Strategy of Artificial Intelligence] (Sept. 13, 2018), http://www.sviluppo economico.gov.it/images/stories/documenti/Avviso-manifestazione-interesse-ia-2018-ultima-versione.pdf, archived at https://perma.cc/H4WF-NEFZ. 199 Decreto 28 Febbraio 2018 Ministero delle Infrastrutture e dei Trasporti, Modalita' Attuative e Strumenti Operativi della Sperimentazione su Strada delle Soluzioni di Smart Road e di Guida Connessa e Automatica [Decree of February 28, 2018, Ministry of Infrastructure and Transportation, Implementing Modalities and Operative Tools of Road Testing of Solutions on Smart Road and of Connected and Automatic Guide], GAZZETTA UFFICIALE [G.U.] +[OFFICIAL GAZETTE] No. 90 (Apr. 18, 2018), http://www.gazzettaufficiale.it/eli/id/2018/04/18/18A02619/sg, archived at https://perma.cc/GZ7H-7GEQ. +training in a third country where such vehicles operate for a specified minimum number of miles.200 In particular, the regulations require that the human driver be in a condition to promptly switch between the automatic and manual operation of the vehicle, and vice versa.201 +Jersey The government of Jersey has stated that AI poses both a threat and opportunity to its jurisdiction, particularly with regard to its significant financial sector. Responsibility for digital matters lies with the Economic Development Minister, and the government has stated that it is "providing increased focus on the tech industry."202 Jersey has not issued a large volume of reports regarding the use of AI within its boundaries. The Strategic Review by Jersey Finance considered the use of AI within the financial services sector, but did not cover developments in depth.203 +Kazakhstan + +On January 31, 2017, the President of Kazakhstan announced five priority points for the third stage of the country's modernization. 204 The first point of the program envisages accelerated technological modernization. The following steps are planned under this point: + +- Cultivate new industries created with the use of digital technologies and develop the country's prospective sectors such as 3D-printing, e-commerce, mobile banking, and digital services + +- Significantly increase the productivity of labor through widespread introduction of automation, +robotics, AI, and exchange of "big data"205 + The realization of this agenda will be aided by the implementation of the following projects in the AI sector: + +- Creation of an international technopark of IT start-ups (Astana Hub) +- Creation of model factories based on Industry 4.0 technologies - Development of open platforms (Open API), Big Data, and AI +- Development of telecommunications infrastructure, including broadband internet access +- Implementation of Smart City components206 + +It is envisaged that the following IT and research centers will be the flagships for the development of AI in Kazakhstan: +- Nazarbayev University +- Astana International Financial Centre +- Astana International Technology Park of IT Startups + +Additionally, Alatau Park of Innovative Technologies will undergo substantial reforms.207 +Latvia Following the successful implementation of an AI-powered virtual assistant pilot project by the Latvian Enterprise Register, in June 2018 the government of Latvia announced plans to enhance the integration of AI in the e-services provided by government agencies. According to the Ministry of Environment and Regional Development, the government intends to develop a uniform AI +platform for the provision of e-services in the public administration sector.208 +Lithuania + +I. Innovation Program Lithuania does not have stand-alone AI strategy or legislation. However, some of the elements of AI can be found in the Resolution of the Government of 2013 on the Lithuanian Innovation Development Program for 20142020.209 The goal of the Program is to "[mobilize] the state resources for the improvement of Lithuania's innovativeness and development of competitive economy based on high level knowledge, high technologies, qualified human resources and smart specialisation." + +II. Autonomous Vehicles On December 7, 2017, Lithuania adopted a law that allows operation of self-driving cars without a driver being present. According to the Minister of Economy, "[t]he main goal of the law is to allow such a vehicle to come to Lithuania and be tested in Lithuania."210 +Luxembourg + +Luxembourg aims to fully participate in the development of AI, as illustrated by the Grand Duchy's cooperation with France and Germany for testing autonomous vehicles,211 and its partnership with the technology firm Nvidia for training and education in AI.212 Luxembourg also participates in the International Organization for Standardization's technical committee on AI.213 +Malta Malta recently established a task force to create a national strategy for AI, aiming to push Malta forward as a leading nation in the development of this technology. According to the Maltese Parliamentary Secretary for Financial Services, Digital Economy and Innovation, the country's objectives are + +to dialogue with stakeholders, to build awareness of the key topics and issues that will inform a national AI Framework, consult on a policy that considers for ethically aligned, transparent and socially responsible AI, identify regulatory and fiscal measures to + +05-08 Concept Digital Test Bed GER FRA LUX.pdf, *archived at* https://perma.cc/BK6Y-9HQT. 212 Jonas Mercier, Le Luxembourg s'allie a Nvidia autour de l'IA [*Luxembourg Allies Itself with Nvidia on AI*], PAPERJAM (July 4, 2018), http://paperjam.lu/news/le-luxembourg-sallie-a-nvidia-autour-de-lia, archived at https://perma.cc/G5J7-4833. 213 Le Luxembourg rejoint la communaute internationale des experts en intelligence artificielle [Luxembourg Joins the International Community of Experts on Artificial Intelligence], PORTAIL-QUALITE.LU (Jan. 11, 2018), https://portail-qualite.public.lu/fr/actualites/normes-normalisation/2018/lux-experts-intelligence-artificielle.html, archived at https://perma.cc/SWX8-QCDN; *Participation: ISO/IEC JTC 1/SC 42 Artificial Intelligence*, INTERNATIONAL ORGANIZATION FOR STANDARDIZATION, https://www.iso.org/committee/6794475.html?view= participation (last visited Nov. 23, 2018), *archived at* https://perma.cc/4W7M-SZDY. +strengthen Malta's appeal as a hub for foreign investment in this sector, and identify the underlying skill base and infrastructure needed to support AI.214 The task force is under the responsibility of the Malta Digital Innovation Authority. In addition to developing a national strategy, the task force will also draft regulations to govern the development of AI, and is establishing a pilot program to consider a citizenship test for robots.215 +Netherlands216 + +I. Government Statements and Actions Following proposals from several ministers, the Dutch government decided to "commission more research into the societal effects of technological developments and to establish an inter-ministerial working group to study this issue."217 Dutch Minister of the Interior and Kingdom Relations Kajsa Ollongren has also requested a legal study into how the use of algorithms may affect human rights.218 A group of experts will evaluate the results and propose possible solutions. Furthermore, the Dutch government plans to study decision-making algorithms in general and how existing legal frameworks apply to them.219 The Dutch government also plans to request an advisory opinion from the Scientific Council for Government Policy (WRR) on the impact of AI on public values.220 Finally, the Council for Public Administration (ROB) was instructed to "investigate the opportunities and threats presented by digitalization for the functioning of modern democratic societies and to set out a framework for action for public administration."221 + +II. Dutch Financial Market Authority On March 15, 2018, the Dutch Financial Market Authority (*Autoriteit Financiele Markten*, AFM) +released two publications, one on automated advisory services for various financial products + +215 *Homepage*, MALTA.AI, https://malta.ai/ (last visited Nov. 14, 2018), *archived at* https://perma.cc/8PWK-FKQJ. 218 Id. 219 Id. 220 Id. 221 Id. + +("robo advice")222 and the other on automated and semi-automated portfolio management.223 The two publications clarify how current financial laws and regulations apply to these fields. They point out that the laws do not make a distinction between automated and human financial advice/portfolio management and that the same duty of care standards apply; they are technology neutral. However, the publications highlight a few points that need special attention, in particular the areas of data protection and privacy laws. The AFM also supervises the degree of process, IT +control, and quality of the algorithms.224 Algorithms must be designed in a way to prevent personal preferences and take the client's interests into account.225 Systems must be tested and monitored on a regular basis.226 + +III. Dutch Police In August 2018, the police of the East Netherlands announced that it was developing a chatbot named "Wout" to offer people more possibilities to report cases to the police.227 At the beginning, Wout will only be available on Facebook Messenger and later expand to all kinds of social media services. The chatbot will start out with a selected set of questions and answers, but will be trained to learn from conversations and handle any type of question in the future. It is slated to be launched in the third quarter of 2019.228 + +IV. Autonomous Vehicles In October 2018, an amendment to the Dutch Road Traffic Act was published in the Official Gazette that allows the experimental use of self-driving vehicles without a human driver present in the car on public roads.229 Companies must apply for a permit with the Dutch Vehicle Authority +(Dienst Wegverkeer, RDW). A permit is issued for three years.230 +http://perma.cc/23T9-HCP5. 223 AFM, GUIDANCE ON THE DUTY OF CARE IN (SEMI)AUTOMATED PORTFOLIO MANAGEMENT (Mar. 15, 2018), https://www.afm.nl/~/profmedia/files/onderwerpen/roboadvies-sav/guidance-duty-care.pdf, *archived at* +http://perma.cc/L5X8-HY2X. + +224 AFM, THE AFM'S VIEW ON ROBO ADVICE, *supra* note 222, at 23, para. 5.2. 225 AFM, GUIDANCE, *supra* note 223, at 12, para. 2.1.1. 226 Id. at 13, paras. 2.1.3, 2.1.4. 227 Pim Lindemann, Politie Oost-Nederland krijgt hulp van chat-robot Wout [The East-Netherlands Police Are Getting Help From Chatbot Wout], DE GELDERLANDER (Aug. 4, 2018), https://www.gelderlander.nl/home/politieoost-nederland-krijgt-hulp-van-chat-robot-wout~a3de02a5/, *archived at* http://perma.cc/3TWM-Z7MM. 228 Id. 229 Wet tot wijziging van de Wegenverkeerswet 1994 in verband met mogelijk maken van experimenten met geautomatiseerde systemen in motorrijtuigen [Act to Amend the Road Traffic Act 1994 in Connection With Making the Experimental Use of Automated Motor Vehicle Systems Possible], Sept. 26, 2018, STAATSBLAD VAN HET +KONINKRIJK DER NEDERLANDEN [STB.] [OFFICIAL GAZETTE OF THE KINGDOM OF THE NETHERLANDS] 2018, no. 347, https://zoek.officielebekendmakingen.nl/stb-2018-347.html, *archived at* http://perma.cc/7DT5-B4J9. The Road Traffic Act has not yet been updated. + +V. Lethal Autonomous Weapon Systems In April 2015, the Dutch Ministers of Foreign Affairs and Defense requested an advisory report on legal, ethical, and policy issues with regard to LAWS from the Advisory Council on International Affairs (AIV) and the Advisory Committee on Issues of Public International Law +(CAVV).231 The report, which was published in October 2015, concluded that meaningful human control is required in the deployment of autonomous weapon systems. The Dutch government concurs with this view.232 It therefore proposed, among other things, to establish a GGE at the +2015 annual meeting of the Convention on Certain Conventional Weapons (CCW) to study this issue.233 The Dutch government emphasizes that it rejects the development of fully autonomous weapon systems without any human control.234 +Norway + +I. National Agenda + +Norway has adopted a national digital agenda, which includes a focus on AI investments.235 In the agenda the government presents how Norway can best utilize the possibilities of AI and modern technology.236 In addition Norway signed onto the EU collaboration on AI as part of Digital Day +2018.237 Norwegian government agencies also use AI in their operations.238 + +233 Id. + +234 Id. 235 Meldinger til Stortignet [Meld. St.] 27 (20152016) Digital Agenda for Norge - IKT for en enklere hverdag og kt produktivitet (Report from Government to Parliament), https://www.regjeringen.no/contentassets/fe3e34 +b866034b82b9c623c5cec39823/no/pdfs/stm201520160027000dddpdfs.pdf, *archived at* https://perma.cc/6S55- 72GZ; see *also* the Norwegian Board of Technology's (Parliamentary Advisor) report on AI and its possible uses in Norway, TEKNOLOGIRADET, KUNSTIG INTELLIGENS - MULIGHETER, UTFODRINGER O GEN PLAN FOR NORGE (Sept. + +2018), https://teknologiradet.no/wp-content/uploads/sites/105/2018/09/Rapport-Kunstig-intelligens-ogmaskinlaering-til-nett.pdf, *archived at* https://perma.cc/6DMR-HT93. 237 Randi Bjrhei, *Europeisk erklring om kunstig intelligens*, LOVDATA (Apr. 11, 2018), https://lovdata.no/ artikkel/europeisk_erklaering_om_kunstig_intelligens/2117, *archived at* https://perma.cc/XSN4-GFPX. contentassets/e166b6e0a392456a9f0e84eecea2472f/no/pdfs/prp201820190001hoddddpdfs.pdf, *archived at* https://perma.cc/E6V4-G3QS. +As noted above, the Nordic countries have also joined together in a number of collaborative responses to AI, including together with the Baltic States.239 + +II. Autonomous Vehicles + +The testing of self-driving cars in Norway is regulated by law.240 The purpose of the law is to enable the testing of self-driving technology while also factoring in traffic safety and privacy protection.241 + +III. Lethal Autonomous Weapons System + +Norway has issued a number of statements on LAWS, but has yet to adopt an outright policy.242 +Speaking more generally on LAWS at the Convention on Certain Conventional Weapons meeting in 2016, the Norwegian representative declared that it "is necessary to ensure that the basic rules and principles of international law are upheld."243 + + +Poland + +I. AI Strategy Poland's Ministry of Infrastructure and Transport has presented the Operational Program for Digital Poland 20142020. 244The aim of the Program is to strengthen digital foundations for national development, including common "access to a high-speed Internet, effective and userfriendly public e-services and a continuously rising level of digital competences of the society."245 +The Polish government initiated the development of an AI strategy in 2018 in line with the priorities outlined in the Operational Program for Digital Poland. In addition, a roundtable + +Regeringskansliet, Sverige ska leda AI-samarbete i Norden och Baltikum (May 14, 2018), https://www.regeringen. se/pressmeddelanden/2018/05/sverige-ska-leda-ai-samarbete-i-norden-och-baltikum/, archived at https://perma.cc/6FPK-DSSB. 240 LOV OM UTPRVING AV SELVKJRENDE KJRETY [ACT ON TESTING OF SELF-DRIVING VEHICLES] (LOV 2017- +12-15-112), https://lovdata.no/dokument/NL/lov/2017-12-15-112, *archived* at https://perma.cc/8CB3-LYBZ. +241 Id. 1 . 242 UNOG, CCW Meeting of Experts on Lethal Autonomous Weapons, 1316 May 2014, General Statement by Norway, http://www.unog.ch/80256EDD006B8954/(httpAssets)/D47349EE647EB6BBC1257CD7005DA52D/$file/ +Norway_MX_LAWS_2014.pdf (last visited Dec. 21, 2018), *archived* at https://perma.cc/TP8W-UYTT. 243 Id. at 2. 244 OPERATIONAL PROGRAMME, DIGITAL POLAND 20142020, https://www.polskacyfrowa.gov.pl/media/10410/ +POPC_eng_1632015.pdf, *archived at* https://perma.cc/Y56B-ZFJ5. + +245 Id. + +discussion regarding AI and the strategy was held with the participation of the Vice-President of the Council of Ministers, the Minister of Science and Higher Education, the Deputy Minister of Digital Affairs, and representatives of the scientific community and supporting institutions, including the director of the National Center for Research and Development.246 It is anticipated that once the strategy is developed, Polish businesses will be better placed to obtain state and EU funding.247 Poland has not yet developed specific legislation to address AI. + +II. Autonomous Vehicles On January 11, 2018, the Polish Sejm adopted the Law on Electromobility and Alternative Fuels.248 Article 65K of the Law defines autonomous vehicle as "a vehicle, equipped with systems that control the movement of the vehicle and enables its motion without driver intervention, which can take control of the vehicle at any time"249 The Law also stipulates that conducting research of autonomous vehicles for transit of transportation purposes is allowed, provided that the safety conditions are met and mandatory permits are obtained. 250 A designated stand-by driver must be present in the vehicle during the test drive.251 + + +Portugal + +I. New General Regulation on Data Protection As noted in the European Union survey, the European Parliament and the Council of the European Union approved a new general regulation on the protection of individuals with regard to the processing of personal data and on the free movement of such data on April 27, 2016.252 The regulation was created to protect citizens from the processing of personal data on a large scale by + +invest-in-artificial-intelligence, *archived at* https://perma.cc/P7V6-WKZJ. + +Alternative Fuels], http://prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU20180000317/T/D20180317L.pdf, archived at https://perma.cc/98YP-3WJU. + +large companies and information society services.253 It entered into force in the European Union on May 25, 2018.254 Portugal has yet to transpose the new regulation into its domestic legal system.255 Portuguese news sources have noted that the new rules should boost consumer and business confidence.256 With the new general regulation, it becomes possible to ask a company to reveal all the data it has about a person, erase this data, and review some decisions made by software.257 Concerns over the protection of digital data and the impact of AI on workers are among the main concerns of several Portuguese companies who would otherwise invest in the area.258 + +II. AI and the Law + +Portugal is taking the first steps to use AI in the area of justice.259 A legal assistance tool adapted to the Portuguese reality that conducts research on the requests made and learns from them will soon be launched in the country.260 Some have speculated that, in the future, with the use of the same technology, it will be possible to launch a tool that predicts the probability of success of a judicial process with the use of AI for the analysis of a repository of judgments issued by the EU +with more than three hundred thousand decisions of the Portuguese High Courts.261 + +III. Health, Urban Mobility, Education, and Land Use Portugal is using more AI in several projects to analyze data from the public administration in order to find hidden information and create solutions in the areas of health, education, urban mobility, and land use and planning.262 All initiatives result from cooperation between scientific +254 Id. 255 *Perguntas Frequentes* (FAQs), COMISSAO NACIONAL DE PROTECCAO DE DADOS, https://www.cnpd.pt/bin/faqs/ faqs.htm. 256 Id. + +257 Karla Pequenino, *Investigadores Receiam Impacto de Regras de Privacidade na Inteligencia Artificial*, PUBLICO +(May 24, 2018), https://www.publico.pt/2018/05/24/tecnologia/noticia/academicos-receiam-que-novas-regras-deprivacidade-europeias-atrasem-a-inteligencia-artificial-1830138, *archived at* https://perma.cc/FWC2-2WRY. 258 Karla Pequenino, *Proteccao de Dados Preocupa Empresas Portuguesas a Investir em Inteligencia Artificial*, PUBLICO (Oct. 9, 2018), https://www.publico.pt/2018/10/09/tecnologia/noticia/portugal-relatorio-inteligenciaartificial-abaixo-media-europeia-1846720, *archived at* https://perma.cc/CZ87-WQAB. 259 Mariana Oliveira, *Como a Tecnologia Esta a Revolucionar o Mundo do Direito*, PUBLICO (Nov. 1, 2018), https://www.publico.pt/2018/11/01/sociedade/noticia/justica-artificial-tecnologia-revolucionar-mundo-direito- 1849618, *archived at* https://perma.cc/447S-WX6K. 260 Id. 261 Id. 262 Karla Pequenino, *Governo Financia Inteligencia Artificial na Saude, Mobilidade e Educacao*, PUBLICO (Oct. 24, institutions and entities of the public administration that are being developed under the innovation axis of the National Digital Competencies Initiative, which the government established in 2017 to increase digital skills in the country.263 + + +Russia In 2017, President Putin expressed his opinion that the country that masters AI first will become the "ruler of the world."264 Russia's efforts in the development of AI infrastructure focus on upgrading the country's capabilities in the area of defense. + +I. Action Plan + +In March 2018, the Russian Ministry of Defense, Ministry of Education and Science and Russian Academy of Sciences hosted a conference titled Artificial IntelligenceProblems and Their Solutions. The outcome of the conference was a ten-point action plan for the development of AI +technologies in Russia265 that included the following: + +1. Establishing a Big Data Consortium with the aim of unifying the efforts of leading scientific, educational, and industrial organizations in creating and implementing AI technologies. + +2. Gaining automation expertise: The Academy of Sciences, in conjunction with the Ministry of +Defense, Ministry of Education and Science, and the Ministry of Industry and Trade, "should intensify efforts to establish a Fund for Analytical Algorithms and Programs to provide +expertise on automated systems" for different purposes.266 + +3. Creating a state system for AI training and education: The Ministry of Education and Science, +jointly with the Academy of Sciences and Ministry of Defense, should prepare proposals for the creation of a state system of education and re-education of specialists in the area of AI. +4. Building an AI laboratory at the Era science, technology, and research campus: The Ministry +of Defense, jointly with the Federal Agency for Scientific Organizations, Moscow State University, and the Informatics and Development research center, should create a laboratory for AI advanced software and technical solutions at the Era campus in the City of Anapa, where +the "military and the private sector can work together on breakthrough technologies such as +AI, robotics, automation and other fields."267 The campus is scheduled to be completed in +2020. The Russian military is already sending personnel from its science and technology detachments to start work there.268 + + +5. Establishing a National Center for Artificial Intelligence: The Academy of Sciences, jointly +with the Foundation for Advanced Research, should prepare a proposal for the creation of the National Center for Artificial Intelligence. The Center would assist in the development of scientific potential, development of innovative infrastructure in the area of AI technologies, and realization of the results of theoretical research and feasible projects in the area of AI. + +6. Monitoring global AI development: The Ministry of Defense, jointly with the Ministry of +Education and Science, should monitor and assess recent developments and engage in allencompassing studies in the area of AI. + +7. Holding AI war games: The Ministry of Defense should organize and carry out a series of war +games with a broad spectrum of scenarios, defining the influence of AI models on the changing character of military operations at different levelstactical, operational, and strategic. + +8. Checking for AI Compliance: The Foundation for Advanced Research, jointly with the +Academy of Science, Ministry of Defense, and Federal Agency of Scientific Organizations, should prepare a proposal for creating on the territory of the Russian Federation a system for evaluating the compliance of AI technologies with standards. +9. Discussing AI proposals at domestic military forums: The above-mentioned proposals should +be considered by "interested federal executive bodies" during the international militarytechnical forum "Army2018" and National Security Week, held in August 2018. + +10. Holding an annual AI conference: The Academy of Sciences, Ministry of Defense, and +Ministry of Education and Science should hold an annual AI conference.269 + + +## Ii. Institutional Arrangements + +The Russian Federation has not yet enacted legislation or regulations governing AI. At present, the Ministry of Defense is the main government agency coordinating or setting policy priorities for issues concerning AI. Other relevant government agencies are the Ministry of Education and Science and the Ministry of Industry and Trade. The Academy of Sciences and Moscow State University are the institutional partners of the government in the development of AI technologies. + +In 2012, the government enacted a law that created the Foundation for Advanced Research,270 with the aim of promoting the development and creation of innovative technologies and producing hightech military products for special and dual use. The Foundation operates under the auspices of the Russian Military-Industrial Commission, which is overseen by the President of the Russian Federation.271 According the Action Plan, the Foundation acts as a clearing and incubation house for innovative technologies, including those relating to AI. + +III. Lethal Autonomous Weapons Systems In line with the government's approach of strengthening the military through the development of AI technologies, Russia expressed an ambition to develop lethal autonomous weapons. The Head of General Staff of the Russian Army has stated, "[c]ertainly, every military conflict has its own distinctive features. The main features of future conflicts will be the widespread use of highprecision and other types of weapons, including robotic ones. The objects of the economy and the government system of the enemy will be destroyed first."272 Additionally, Russia, along with the United States, blocked a proposed treaty banning LAWS at a meeting of parties to the Convention on Certain Conventional Weapons.273 Russia has previously expressed in a written statement its opinion that the following grounds support not having such a ban: +- There is currently no clear definition of LAWS, and "the lack of working samples of such weapons systems remains the main problem in the discussion on LAWS."274 + +- The difficulty of making a clear distinction between civilian and military developments of +autonomous systems based on the same technologies.275 + +Consequently, Russia sees the future discussions being focused on harmonization of the basic principles of LAWS along with defining certain concepts with regard to LAWS: "Further work on key aspects of such weapons which relate to the notions of 'autonomy,' 'critical functions,' +'meaningful human control,' 'predictability,' etc., will depend on the definition of LAWS."276 + +about/documents/federalyniy_zakon_ot_16_oktyabrya_2012_g_n_174_fz_o_fonde_perspektivnih_issledovaniy, archived at https://perma.cc/RW7B-EXY8. 271 Osnovnaja Informacija [*General Information*], FOND PERSPECITVNIX ISSLEDOVANIJ [FOUNDATION FOR ADVANCED RESEARCH], https://fpi.gov.ru/about/obshtaya_informatsiya (last visited Dec. 11, 2018), *archived at* +https://perma.cc/NX5F-7KNH. + +272 Ispol'zovanie Robotov i Shirokoe Primenenie Vysokotochnogo Oruzhija Stanut Osnovnymi Osobennostjami Vojn Budushhego - Nachal'nik Genshtaba Rossijskoj Armii [The Use of Robots and the Widespread Use of Precision Weapons Will Be the Main Features of Future Wars - Chief of the General Staff of the Russian Army], INTERFAKS, ABN, AGENSTVO BOENNIX NOVOSTEJ [INTERFAX, MNA, MILITARY NEWS AGENCY] (Mar. 24, 2018), http://www.militarynews.ru/ story.asp?rid=1&nid=476975, *archived at* https://perma.cc/B2VZ-D5EE. 273 *Handful of Countries - Including the US and Russia - Hamper Discussions to Ban Killer Robots at UN*, FUTURE +OF LIFE INSTITUTE (Nov. 26, 2018), https://futureoflife.org/2018/11/26/handful-of-countries-including-the-us-andrussia-hamper-discussions-to-ban-killer-robots-at-un/, *archived at* https://perma.cc/4X4A-JVLD. + +IV. Autonomous Vehicles Driverless cars have been produced in Russia since 2016 by the largest national internet company Yandex and several startups. State-owned car manufacturers, known for the poor quality of their cars, are practically absent from the autonomous vehicle market. Major foreign car manufacturers, such as Scania, Volvo, Toyota, and Audi, have expressed interest in testing their autonomous vehicles in traditionally difficult Russian driving conditions.277 Industry experts predict that by the year 2025 there will be around 20,000 driverless cars on Russian roads.278 However, the production and use of autonomous vehicles is not regulated. The State Duma (Russian legislature) did not include laws regulating driverless cars in its legislative agenda, and in September 2018 one of the Duma leaders stated that parliamentarians are going to legislate on "other problems of the transportation infrastructure and highway construction, which are more important."279 The first nationwide regulation in this field was issued by the Cabinet of Ministers of the Russian Federation in November 2018 and only addresses testing.280 Specifically, the regulation requires experiments in the test use of highly automated vehicles on public roads in two Russian regions between December 1, 2018, and March 1, 2022. The government has designated a national research laboratory to review test applications from the owners of driverless cars and coordinate testing. Reports for the government summarizing the test results and proposing further developments, including recommendations for technical requirements and standards for the practical use of autonomous vehicles, must be submitted by March 2020 and again in 2022.281 + + +Slovenia Some of the elements of an AI development strategy and priorities can be found in Digital Transformation of Slovenia, a report prepared by the Ministry of Public Administration.282 The report proposes the creation of a machine-readable National Open Data Portal, which would be a clearinghouse for government data.283 + +In the Digital Transformation report, the government also indicated its support for connected automated driving (CAD) and stated that it has started preparatory activities relating to cooperative systems.284 *C-Roads Slovenia* is a pilot project involving the introduction of cooperative systems to transfer vehicle-to-vehicle, vehicle-to-infrastructure, and infrastructure-to-vehicle information in real time. According to the government, these systems can significantly improve the efficiency of the transportation system, the safety of all road users, and the comfort of mobility. + +In early October 2016, the C-Roads platform became operational. The platform integrates state institutions and road operators from eleven EU Member States. The platform coordinates activities for the implementation of cooperative intelligent transport systems (C-ITS) in Europe.285 Spain + +I. Artificial Intelligence Activities Spain has a number of AI research organizations, hosted in computer science programs run by universities and other academic institutions.286 Leading AI research entities include the Asociacion Espanola de Inteligencia Artificial (Spanish AI Association, AEPIA) and the Instituto de Investigacion en Inteligencia Artificial (Artificial Intelligence Research Institute, IIIA) hosted in the Autonomous University of Barcelona (Universitat Autonoma de Barcelona). These entities are active participants in both national and international efforts to support and promote research and development in AI.287 + +brosura/Slovenian_Digital_Transformation_January_2018.pdf, *archived at* https://perma.cc/2X3A-GP8P. + +II. Government Initiatives As part of the Digital Strategy for a Smart Spain 2025, in November 2017 the Secretary of State for the Information Technology Society and the Digital Agenda created a working group of experts to develop official guidelines on AI. 288 The group includes businesspeople, professors, and government officials who are reputable and well-known experts in their respective areas of knowledge.289 The findings of the working group will be published in the *Libro Blanco de Inteligencia Artificial* (*White Book on Artificial Intelligence*, WBAI), which is aimed at addressing the social, legal, and ethical implications of the use of AI and big data in the private and public sectors as well as the Spanish society in general.290 + +The WBAI working group was expected to have a draft completed by May 2018.291 The WBAI +recommendations will be the basis for a code of ethics and a legal framework on the use of AI data in the public administration as well as a related code of good practices for companies, to be prepared by the government.292 In August 2018, the working group submitted a draft of the WBAI to the new Spanish government headed by Pedro Sanchez. 293 Although the working group, created by the previous Spanish government, has not been dissolved, the deadline for the WBAI publication is not clear, as there has been no official announcement in this regard.294 In addition, Spain signed the EU Cooperation Agreement on Artificial Intelligence on April 10, +2018. 295 The agreement aims to promote Europe's technology and industrial capacity in AI, address the challenge that AI poses to the labor market and education and training systems in the + +289 Id. 290 Id. 291 Id. 292 Id. 293 El Gobierno de Sanchez Retrasa Estrategia Espanola de Inteligencia Artificial [The Government of Sanchez Delays the Spanish Strategy on AI], EL ESPANOL (Oct. 25, 2018), https://www.elespanol.com/economia/ +20181025/gobierno-sanchez-retrasa-estrategia-espanola-inteligencia-artificial/347966537_0.html, *archived at* https://perma.cc/9CBA-HMEC. 294 Id. 295 Espana Firma un Acuerdo de Cooperacion en Inteligencia Artificial Junto a Otros 24 Estados de la Union Europea [*Spain Signs a Cooperation Agreement on AI with Other 24 European Union Countries*], ESMARTCITY.ES (Apr. 11, 2018), https://www.esmartcity.es/2018/04/11/espana-acuerdo-cooperacion-inteligenciaartificial-junto-24-estados-union-europea, *archived at* https://perma.cc/R65K-2ALK. +EU, and devise the appropriate AI legal and ethical framework, taking into consideration the EU +fundamental rights of privacy and the protection of personal data.296 + +III. Autonomous Vehicles Although Spain has not enacted any legislation or regulations on autonomous vehicles, the General Directorate of Traffic has authorized the testing of autonomous vehicles since 2015.297 IV. Lethal Autonomous Weapons Systems The government of Spain has declared that its armed forces do not have and are not planning to develop LAWS or weapons based on AI. 298 The Spanish government is not financing any research project on LAWS. It shares the concerns of other countries about the development of robotic weapons that would operate without human intervention.299 This concern is mainly based on the consequences to human rights and international humanitarian laws. The government further supports the adoption of a general international legal framework aimed at preventing an arms race with respect to LAWS. 300 The Spanish government supports the issuance of the Political Declaration and politically binding Code of Conduct that would include transparency measures to monitor this process as well as the establishment of a Committee of Experts who will be responsible of the evaluation of new developments in the technology involving these weapons.301 + + +VEHICLES ON OPEN TRACKS] (Nov. 16, 2015), http://www.dgt.es/Galerias/prensa/2015/11/NP-pruebas-vehiculosconduccion-automatizada.pdf, *archived at* https://perma.cc/LDH9-27QT. 298 Las Fuerzas Armadas Espanolas No Tendran Su Propio Robot Asesino [The Spanish Armed Forces Will Not Have Their Own Killer Robot], ABC (Aug. 31, 2015), https://www.abc.es/espana/20150831/abci-robots-asesinosespana-201508301912.html, *archived at* https://perma.cc/AAQ7-2SJL. 299 Respuesta del Gobierno [Government Answer], Pregunta Escrita Senado [Written Question Senate] 684/77289, June 17, 2015, http://www.senado.es/web/expedientdocblobservlet?legis=10&id=190036, archived at https://perma.cc/Z4UU-N92H. 300 Id. 301 Convencion sobre Ciertas Armas Convencionales, Grupo de Expertos Gubernamentales sobre Sistemas de Armas Autonomas Letales, Intervencion del Embajador de Espana, Julio Herraiz, Delegado ante la Conferencia de Desarme, Geneva, Apr. 9, 2018 [Convention on Certain Conventional Weapons, Group of Government Experts on LAWS, Statement by the Spanish Ambassador, Julio Herraiz, Delegate to the Disarmament Conference, Apr. 9, +2018], https://www.unog.ch/80256EDD006B8954/(httpAssets)/072ED40378F79CFBC125827200575723/$file/ +Sweden + +I. General Sweden is a member of the European Union and therefore the General Data Protection Regulation +(GDPR) on privacy has applied directly since May 2018.302 Regulation of AI has also been viewed as a task for the entire EU to address jointly, which is why Sweden has supported a position that the European Commission should consider this.303 Sweden has also signed on to the Declaration on Cooperation on AI as part of Digital Day in 2018.304 Despite arguing for an EU approach to AI, the Swedish government and Swedish universities as well as philanthropist are investing in AI.305 + +II. National Strategy + +Sweden has developed a National Strategy for Artificial Intelligence.306 The goal is to become a leader in new digital opportunities.307 This means creating "the enabling conditions" for such digital advances to aid Swedish competitiveness and welfare.308 According to the government, as presented in the National Strategy, this includes investing in research and higher education.309 The government also recommends joint projects between the private and public sectors.310 Moreover, a number of Swedish agencies are looking to use AI to advance their missions. For example, the Swedish Bolagsverket (Swedish Companies Registration Office) wants to use AI to focus on companies that are more likely to be used for criminal activities.311 + +As noted above, the Nordic countries have also joined together in a number of collaborative responses to AI, including together with the Baltic States.312 + +III. Local Authorities' Use of Artificial Intelligence A number of local authorities are looking to use AI to advance their missions. Sveriges Kommuner och Landsting (SKL) (the Swedish municipality and county council agency) has issued a report on the potential use of AI in health and well care settings.313 Other examples of AI use include its use in educational settings314 and in digital sobriety tests by Kontigocare.315 SKL also predicts that the use of robots and AI technology could be helpful for the county councils and regions in their goal to provide their residents with *valfard* services (collective name for health services, public transportation, education, elder care, child care, water, roads, and other public utilities) in the near future.316 Studies have also been completed to review the usefulness of AI technology in Swedish industry and enterprise.317 + +IV. Self-driving Vehicles The Swedish government has issued a government report on self-driving cars in order to "analyze what rule changes are needed for an introduction of driver-supported technology and wholly or + +Regeringskansliet, Sverige ska leda AI-samarbete i Norden och Baltikum (May 14, 2018), https://www.regeringen. se/pressmeddelanden/2018/05/sverige-ska-leda-ai-samarbete-i-norden-och-baltikum/, archived at https://perma.cc/6FPK-DSSB. 313 SVERIGES KOMMUNER OCH LANDSTING, ARTIFICIELL INTELLIGENS: MOJLIGHETER FOR VALFARDEN (2017), https://skl.se/download/18.1284479015a26d3e16d5373/1486739509125/Artificiell+intelligens.pdf, archived at https://perma.cc/JJ3Y-LRBC. 314 Mark Scott, *Sweden Tries to Make Digital Lightning Strike Twice*, POLITICO (Oct. 9, 2018), https://www.politico. eu/article/sweden-education-system-digital-revamp-coding-stockholm-school/, *archived at* https://perma.cc/9RZP- VSWN. 315 KONTIGOCARE, https://www.kontigocare.com/ (last visited Jan. 7, 2019), *archived at* https://perma.cc/3EYP- CRXK. 316 *Automation, robotar och AI i valfarden*, SVERIGES KOMMUNER OCH LANDSTING, https://skl.se/naringslivar betedigitalisering/digitalisering/nationellsamverkanstyrning/automationrobotarochartificiellintelligensai.15924.html (last visited Jan. 7, 2019), *archived at* https://perma.cc/SLL5-DGJ4; SVERIGES KOMMUNER OCH LANDSTING, AUTOMATISERING AV ARBETE - MOJLIGHETER OCH UTMANINGAR FOR KOMMUNCER, LANDSTING, OCH REGIONER (June 2018), https://webbutik.skl.se/bilder/artiklar/pdf/5408.pdf?issuusl=ignore, *archived at* https://perma.cc/Y64S- VZCS. 317 VINNOVA , ARTIFICIELL INTELLIGENS I SVENSKT NARINGSLIV OCH SAMHALLE - ANALYS AV UTVECKLING OCH +POTENTIAL (VR 2018:08) (May 2018), https://www.vinnova.se/contentassets/55b18cf1169a4a4f8340a5 +960b32fa82/vr_18_08.pdf, *archived at* https://perma.cc/K4ZR-KMWD. +partially self-driving vehicles on the road." 318 One of the issues will be for producers of autonomous vehicles to prove how safe the technology is to justify putting it on the roads.319 Current legislation allows for the testing of self-driving cars following a permission system.320 A +physical driver must be present inside or outside the car. 321 Permits are awarded by the Transportstyrelsen (Swedish Transport Agency).322 In addition, Transportstyrelsen has issued its own rules.323 The rules include the information that must be contained in an application.324 It also provides that the results of the test must be reported to the Transportstyrelsen when completed.325 +In addition, if tests are run for more than a year, annual reports must be submitted.326 According to media reports, a total of three companies have been approved to test self-driving technology in Sweden: Nobina Technology AB, Amobility AB, and Volvo Cars. 327 An additional four companies have applications pending.328 + +V. Lethal Autonomous Weapons Systems + +Sweden has not publicly called for a ban on the use of LAWS. However, it addressed the issue in the United Nations both in 2016 and 2018.329 Swedish-based think tank Sipri published a report forordning-2017309-om-forsoksverksamhet-med_sfs-2017-309, *archived* at https://perma.cc/ZWC4-BJZE. 321 Id. at 7. 322 Id. 5 . +[Regulations and Public Advisory on Permits to Commit Trials with Autnomous Vehicles] (TSFS 2017:92), https://www.transportstyrelsen.se/sv/Regler/ts-foreskrifter-i-nummerordning/2017/?RuleNumber=2017: +92&RulePrefix=TSFS, *archived* at https://perma.cc/AVL5-FNAH. 324 Id. 4 . 325 Id. 9 . sjalvkorande-bilar-i-sverige/, *archived at* https://perma.cc/VM5A-RWBV. Exchange_Statements_Sweden.pdf, *archived at* https://perma.cc/S2CE-TXXV; General Statement by Sweden at the CCW GGE on LAWS, UNOG, https://www.unog.ch/80256EDD006B8954/(httpAssets)/12706C2B73502F 13C125827400536FA9/$file/2018_LAWSGeneralExchange_Sweden.pdf (last visited Dec. 21, 2018), archived at https://perma.cc/AE32-9EVJ. +on LAWS, which found that Sweden uses Active Protection Systems (APSs) technology, including on armored vehicles.330 Members of Parliament have also presented motions (the first effort in passing a parliamentary bill) against LAWS and the military use of AI.331 +Switzerland + +I. Strategy Digital Switzerland In September 2018, Switzerland published its "Strategy Digital Switzerland," which sets out goals for the coming two years.332 With regard to artificial intelligence (AI), the Federal Council, the Swiss government, plans to support initiatives in the cantons, cities, and municipalities in relation to smart cities333 and establish a working group on the subject of AI.334 The working group will facilitate knowledge and opinion sharing and represent Switzerland in international bodies. Furthermore, it is tasked with developing "recommendations for a transparent and responsible use of AI" by the middle of 2019.335 + +II. Parliamentary Interpellations and Motions In Switzerland, several parliamentarians have submitted interpellations (formal requests) to the government to inquire what actions have been taken in the area of AI or to propose new initiatives. Among other things, they have requested the establishment of a Competence Center for AI in the Department of the Interior336 to develop a framework to use AI for public administration and have asked if the government was considering formulating a catalog of values for the digital world av Carl Schlyter (MP) (Oct. 13, 2017), http://www.riksdagen.se/sv/dokument-lagar/dokument/motion/forbjudautonoma-dodliga-vapensystem-och-reglera_H5022655, *archived* at https://perma.cc/Y5MW-HTSR. +332 Bundesamt fur Kommunikation [BAKOM] [Federal Office of Communications] [OFCOM], Strategie Digitale Schweiz [Strategy Digital Switzerland] (Sept. 2018), https://www.bakom.admin.ch/dam/bakom/de/bilder/bakom/ +digitale_schweiz_und_internet/strategie_digitale_schweiz/strategie/Strategie digitale Schweiz.pdf.download. pdf/Strategie_DS_Digital_2-DE.pdf, *archived at* http://perma.cc/YG3K-Q3L7. 333 Id. at 28. 334 Schweizerische Eidgenossenschaft [Swiss Confederation], Aktionsplan Digitale Schweiz [Action Plan Digital Switzerland], Sept. 5, 2018, at 26, para. 7.5, https://www.bakom.admin.ch/dam/bakom/de/dokumente/ +informationsgesellschaft/strategie2018/AktionsplanDigitaleSchweiz.pdf.download.pdf/AktionsplanDigitaleSchweiz _DE.pdf, *archived at* http://perma.cc/CS26-A6KH. The Action Plans lists various measures to implement the Strategy Digital Switzerland. 335 Id. 336 Interpellation no. 18.4037, Kompetenzzentrum fur kunstliche Intelligenz in der Bundesverwaltung [Competence +(goodwill, tolerance, patience, balance, discretion, community spirit, willingness to help, and nondiscrimination), and if Switzerland was participating in international regulatory efforts of the digital world.337 + +Several other interpellations and motions have raised the issue of autonomous vehicles and liability, asking when Switzerland would amend its laws to allow their use. Three of the motions were adopted by the Swiss Federal Council.338 The revision of the Road Traffic Act is currently ongoing and the proposal is expected to be submitted to the Federal Council in the spring of 2019.339 + +III. Lethal Autonomous Weapon Systems At the meeting of the GGE on LAWS in April 2018, Switzerland proposed to adopt a political declaration to develop a shared understanding of the challenges posed by LAWS.340 Switzerland sees such a political declaration as a middle ground and proposes to address the following issues: + +- +the applicability and the centrality of ensuring respect for IHL [international humanitarian law] under all circumstances; +- +states remain responsible for wrongful acts and that individual responsibility must be guaranteed; +- +capture the emerging consensus around the fact that no weapon should be used without appropriate human control; and + +Pave the Way for Automated and Self-driving Vehicles], Mar. 2, 2017, https://www.parlament.ch/de/ratsbetrieb/ +suche-curia-vista/geschaeft?AffairId=20173049, *archived at* http://perma.cc/NDV5-L7QC; Motion no. 17.3191. Automatisierte Fahrzeuge. Moglichst schnell den rechtlichen Rahmen festlegen [Automated Vehicles. Establish a Legal Framework Fast], Mar. 16, 2017, https://www.parlament.ch/de/ratsbetrieb/suche-curia-vista/geschaeft? + +AffairId=20173191, *archived at* http://perma.cc/FDB8-PCB3; Motion no. 17.4039. Gesetzliche Hurden zur Einfuhrung von autonomen Fahrzeugen abschaffen [Abolish the Legal Obstacles to the Introduction of Autonomous Vehicles], Dec. 7, 2017, https://www.parlament.ch/de/ratsbetrieb/suche-curia-vista/geschaeft?AffairId=20174039, archived at http://perma.cc/H9NM-APZK. 339 17.4039. Motion grunliberale Fraktion. Gesetzliche Hurden zur Einfuhrung von autonomen Fahrzeugen abschaffen [17.4039. Motion of the Green-liberal Parliamentary Group. Abolish Legal Obstacles to the Introduction of Autonomous Vehicles], Sept. 27, 2018, AMTLICHES BULLETIN [AB] [OFFICIAL BULLETIN] 2018 at 783, https://www.parlament.ch/de/ratsbetrieb/amtliches-bulletin/amtliches-bulletin-die-verhandlungen?SubjectId=44422, archived at http://perma.cc/4YTJ-9XFX. 340 Swiss Confederation, GGE on LAWS 2018, Convention on Certain Conventional Weapons, Exchange of General Views, Apr. 9, 2018, at 2, https://www.unog.ch/80256EDD006B8954/(httpAssets)/CDA07B933C0B +0143C125827200572F23/$file/2018_LAWSGeneralExchange_Switzerland+(EN).pdf, *archived at* http://perma.cc/M3TP-FYNT. + +- +spell out a number of measures such as transparency, legal reviews, best practices, +technical standards or other policy measures.341 + +United Kingdom + +I. Introduction The government of the United Kingdom has stated that the country is "currently in the foothills of a new technological revolution. Artificial intelligence has the potential to be as transformative in our lifetimes as the steam-powered economy of the 19th century." 342 The government has described AI as "a set of advanced general purpose digital technologies that enable machines to do highly complex tasks effectively."343 The government has actively been encouraging, and funding, the development of the AI industry, and has produced a number of reports that consider the application and development of this technology. The discussion that follows provides a highlevel overview of some of the developments the UK is consulting on, and providing funding to, that involve AI. In early 2017, Prime Minister Theresa May launched a consultation for the "Modern Industrial Strategy,"344 which lead to the publication of a White Paper detailing the government's policy on developing AI, including investments in science, research, and innovation in AI and robotics as one of its four grand challenges.345 The White Paper also announced an "Artificial Intelligence Sector Deal to boost the UK's global position as a leader in developing AI technologies."346 The government hopes to be able to capitalize on predictions that the GDP of the UK will increase by 10.3%, the equivalent of 232 billion (approximately US$300 billion), as a result of the + +http://perma.cc/NJG3-YXFK. +342 GOVERNMENT OFFICE FOR SCIENCE, ARTIFICIAL INTELLIGENCE: OPPORTUNITIES AND IMPLICATIONS FOR THE FUTURE OF DECISION MAKING (2015), https://assets.publishing.service.gov.uk/government/uploads/system/ uploads/attachment_data/file/566075/gs-16-19-artificial-intelligence-ai-report.pdf, *archived at* https://perma.cc/HU7T-Y544. 343 WENDY HALL & JEROME PESENTI, GROWING THE ARTIFICIAL INTELLIGENCE INDUSTRY IN THE UK (Oct. 2017), https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/652097/Growing_ the_artificial_intelligence_industry_in_the_UK.pdf, *archived at* https://perma.cc/LYW8-G9A8. 344 Press Release, Prime Minister's Office, PM Unveils Plans for a Modern Industrial Strategy Fit for Global Britain +(Jan. 22, 2017), https://www.gov.uk/government/news/pm-unveils-plans-for-a-modern-industrial-strategy-fit-forglobal-britain, *archived at* https://perma.cc/77T7-X9B5. 345 HM GOVERNMENT, INDUSTRIAL STRATEGY: BUILDING A BRITAIN FIT FOR THE FUTURE (Cm. 9528, Nov. 2017), https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/730048/industrialstrategy-white-paper-web-ready-a4-version.pdf, *archived at* https://perma.cc/PQW7-2EKP. +development of AI. 347 The 2017 budget provided funding to "industries of the future," and included 75 million (approximately US$96 million) for AI.348 The Department for Digital, Culture, Media and Sports is the lead government department for the development of AI policy, with the Department for Business, Enterprise and Industrial Strategy also playing a significant role. In June 2017, the House of Lords established a select committee +"to consider the economic, ethical and social implications of advances in artificial intelligence,"349 +and shortly afterwards, in November 2017, the House of Commons conducted an inquiry to consider the use of algorithms in public business and decision making.350 The report concluded, and the government agreed, that the use of algorithms in decision making is a significant opportunity, but that the impact of such technology must be carefully monitored.351 + +II. Current Application of Artificial Intelligence + +The UK is currently embracing the use of AI across public services in a variety of ways. It recently enacted laws to extend compulsory vehicle insurance to cover vehicles operated in automatic mode, making the insurer liable for any accidents caused by the vehicle when operated in this mode. It also enables the Secretary of State to make regulations to provide a uniform method to access electrical vehicle charging points.352 While enacted, the law has not yet been brought into force. The following list is a highlight of certain areas where AI is currently being used, or where its development is underway: +- Google DeepMind is currently collaborating with the National Health Service (NHS), the universal health service provider in the UK, on the development of tools to analyze eye scans.353 + +348 *Autumn Budget 2017*, HM TREASURY (Nov. 22, 2017), https://www.gov.uk/government/publications/autumnbudget-2017-documents/autumn-budget-2017, *archived at* https://perma.cc/UE5R-ECUY. 9261-4ab4-82e8-92f1c0758a87/LordsChamber, *archived at* https://perma.cc/7NMC-TXQN. 5VAX. + +- Development of military equipment that uses AI to scan the battlefield for enemy movements +and flag dangers to soldiers.354 +- Smart traffic lights are being used in some towns to aid in traffic management.355 +- 30 million (approximately US$38 million) of funding has been allocated to test the use of AI +in online digital skills courses.356 +- Monetary grants have been provided to further education in the area of AI.357 +- 84 million (approximately US$108 million) will be invested over the next four years in +developments to make industry and public services safer and more productive.358 + The government has created and funded the Centre for Data Ethics and Innovation as an advisory body to work with the government, regulators, and industry to lay the ethical foundations for the adoption of AI across the UK, 359 and "secure a framework which facilitates and encourages innovation but which also maintains vital public trust and confidence."360 The government is also specifically reviewing the regulatory structure to allow driverless vehicles on the road by 2021.361 + + +November_061118_WEB-1.pdf, *archived at* https://perma.cc/9GB4-CXL6. + +## Iii. Lethal Autonomous Weapons Systems The Ministry Of Defence Has Stated That + +the UK does not possess armed autonomous aircraft systems and it has no intention to develop them. The UK Government's policy is clear that the operation of UK weapons will always be under human control as an absolute guarantee of human oversight, authority and accountability. Whilst weapon systems may operate in automatic modes there is always a person involved in setting appropriate parameters.362 While the policy statement makes it clear that the UK does not possess such systems, nor intends to develop these systems, concerns have been raised about the UK's definition of "lethal automated weapons."363 A House of Lords report on AI noted that, + +[w]ithout agreed definitions we could easily find ourselves stumbling through a semantic haze into dangerous territory. The Government's definition of an autonomous system used by the military as one where it "is capable of understanding higher-level intent and direction" is clearly out of step with the definitions used by most other governments. This position limits both the extent to which the UK can meaningfully participate in international debates on autonomous weapons and its ability to take an active role as a moral and ethical leader on the global stage in this area. Fundamentally, it also hamstrings attempts to arrive at an internationally agreed definition.364 The committee recommended that the government realign the definition of autonomous weapons to a similar form as used by the rest of the world. 365 The government considered the recommendation, but stated that the Ministry of Defence has no plans to change the definition.366 + + +363 The UK defines an Autonomous System as: "capable of understanding higher-level intent and direction. From this understanding and its perception of its environment, such a system is able to take appropriate action to bring about a desired state. It is capable of deciding a course of action, from a number of alternatives, without depending on human oversight and control, although these may still be present. Although the overall activity of an autonomous unmanned aircraft will be predictable, individual actions may not be." *Id.* table 2.3. +A UK newspaper has recently reported that "the MoD and defence contractors are funding dozens of artificial intelligence programmes for use in conflict."367 The Ministry of Defence responded to the report with a denial of the accusations: "There is no intent within the MOD to develop weapon systems that operate entirely without human input. Our weapons will always be under human control as an absolute guarantee of oversight, authority and accountability."368 At the international level, the UK's interpretation of what constitutes lethal automated weapons does not align with the definition of many other western nations and does not support a pre-emptive ban on such weapons systems. Instead, the UK wishes for further discussions on the development of these systems, and emphasizes that any such development requires the need for a human element to be present in its operation.369 + +## Middle East And North Africa + + +Bahrain In October 2018, Microsoft Bahrain noted how vital AI is in the establishment of smart societies, mirroring the ambitions exhibited in the country's planning document, *Bahrain Vision 2030*, at an event held in the Kingdom. Bahrain's Information and Government Authority (IGA) organized the two-day event. The IGA operates under the patronage of Shaikh Mohammed bin Mubarak Al Khalifa, who is both the Deputy Prime Minister and Chairperson of the Supreme Committee for Information and Communication Technology.1 + + +Egypt In May 2018, the Egyptian National Telecom Authority hosted a forum exploring the potential interconnectivity of AI technologies with the Internet of Things (IoT).2 In December 2017, the Egyptian Authority of Financial Control announced that it would regulate the use of the AI +technology to control financial transactions.3 + + +Israel + +I. Civilian Use of AI Technologies + +A. Technology Development According to a global study released in May 2018 by Asgard, a Berlin-based venture capital firm focused on AI, by far the country with the largest AI industry is the US (40%), followed by China +(11%), Israel (11%), and the UK (7%). 4 Described as a "startup nation" with more start-up companies on a per capita basis than leading economies in the world,5 Israel's AI economy has been rapidly developing. + +egypt-employs-artificial-intelligence (in Arabic), *archived at* https://perma.cc/5GR8-BNK2. +According to the founder of one Israeli AI startup, Israel's Artificial Intelligence (AI) startup ecosystem has raised over $7.5 billion cumulatively and is undergoing explosive growth, characterized by a major influx of establishments and talent, forming what could be considered the global leader of AI over the next five years. Notwithstanding their absent national agenda and budget, Israel has already earmarked the largest AI exit to date (Mobileye 15.3B) and boasts a substantial and growing cluster of startups utilizing and developing AI technologies.6 + +B. Policy Considerations The preparedness of the Israeli government for AI was the subject of a June 2018 hearing before the Knesset (Israel's parliament) Science Committee. Summarizing the views expressed at the hearing, Committee Chairman and Knesset Member (KM) Uri Maklev called upon the government to start reviewing various regulatory aspects of AI, including privacy and legal liability. He also urged the government to set deadlines for the development and use of AI systems in government offices to improve public service. Warning that without careful preparation Israel might face increased unemployment, he proposed that the government should develop educational training to enable more people to engage in the new technology.7 Possible AI technology applications in areas such as education, review of trademarks, reduction of vehicle accidents, etc., were further discussed at a November 2018 conference organized by the Knesset Parliamentary Oversight Coordination Unit.8 + +C. Autonomous Vehicles + +Israeli law has not yet adopted a comprehensive regulation of autonomous vehicles. It has been suggested that such regulation might require extensive legislative changes in multiple areas of law, including safety requirements, licensing, payment to victims of car accidents, etc.9 + + +The Ministry of Transportation, however, has expressed its support for +[a]dvancing new technologies and development of vehicle systems based on strategic vision for advancement of the Israeli industry and its transformation to a global development center and an object of attraction to entrepreneurs from all over the world.10 The Ministry specifically noted that, +[it] sees also importance in development of technologies and systems that are designed for autonomous vehicles in view of the great potential they [might] offer for improvement of road safety and minimizing casualties.11 The Ministry's 2017 directive regulates licensing of experiments in: + +[v]ehicles Systems and features to be installed in vehicles that may interfere or influence on vehicle systems and performance with respect to control, safety, fuel consumption and air pollution including a form of connection to the communication interfaces of the vehicles.12 + +A flowchart 13 included in the directive illustrates the steps required to obtain a license for experimentation in autonomous vehicle in Israel, which includes examination of companies applications by a professional committee established for this purpose by the Ministry.14 A regulation issued in May 2018 by the Ministry of Transport and Road Safety further authorizes the National Traffic Controller to grant an exemption from requirements that apply to drivers under the Transportation Regulations15 for purpose of conducting an experiment in new technologies. A +decision to grant an exemption from the regulations, accordingly, requires consultation with the licensing authority and with a police officer. It further requires evaluation of + +the possible effects of the experiment on traffic, including the following considerations: (1) ensuring the safety of users on the way during the experiment, including experiment participants; + + + +(2) reducing the disturbance to the flow of traffic in ways that may be caused as a result of the experiment; + +(3) responding to emergency events that may occur during the course of the experiment.16 + Media reports indicate that authorization for experimenting autonomous cars has been granted to the Israeli company Mobileye and to the Russian company Yandex.17 + +II. Lethal Autonomous Weapons Systems Israel is reportedly one of several countries, including the US, China, South Korea, Russia, and the UK, that currently use and develop LAWS with decreasing levels of human control.18 + +Israel has developed and utilized various AI technologies for LAWS. Its Iron Dome defensive system has been successfully used in intercepting "incoming missiles or torpedoes faster than a human could react."19 Israel has further developed a fully autonomous loitering munition (suicide drone) called the Harop, "which can dive-bomb radar signals without human direction . . . with lethal results on the battlefield."20 A statement submitted by the Israeli mission to the GGE on LAWS of the Convention on Certain Conventional Weapons (CCW) on July 29, 2018, clarifies the Israeli position. Israel supports further in-depth discussions in consideration of any possible regulation of LAWS. Such + +https://perma.cc/6LXB-PTQX. + +18 Campaign to Stop Killer Robots, Briefing Note for the Convention on Conventional Weapons Group of Governmental Experts Meeting on Lethal Autonomous Weapons Systems, Retaining Human Control of Weapons Systems (Apr. 913, 2018), https://www.stopkillerrobots.org/wp-content/uploads/2018/03/KRC_Briefing_ +CCWApr2018.pdf, *archived at* https://perma.cc/RCZ2-3UCC. 19 Ted Piccone, *How Can International Law Regulate Autonomous Weapons?*, BROOKINGS (Apr. 10, 2018), https://www.brookings.edu/blog/order-from-chaos/2018/04/10/how-can-international-law-regulate-autonomousweapons/, *archived at* https://perma.cc/4JMG-PTKE; see also *Iron Dome Weapon System*, RAYTHEON, https://www.raytheon.com/capabilities/products/irondome (last visited Nov. 19, 2018), archived at https://perma.cc/S8BG-VVNR; *Iron Dome Air Defence Missile System*, ARMY TECHNOLOGY, https://www.armytechnology.com/projects/irondomeairdefencemi/ (last visited Nov. 19, 2018), *archived at* https://perma.cc/D868- PEL5. 20 Billy Perrigo, *A Global Arms Race for Killer Robots Is Transforming the Battlefield*, TIME (updated Apr. 9, 2018), http://time.com/5230567/killer-robots/, *archived at* https://perma.cc/Y5TH-YFHV; see also Harop Loitering Munitions UCAV System, AIR FORCE TECHNOLOGY, https://www.airforce-technology.com/projects/harop loiteringmuniti/ (last visited Nov. 19, 2018), *archived at* https://perma.cc/AA2X-BLLA. + +discussions, according to the statement, should not hamper progress in civilian research, development and use of autonomous technologies.21 The statement acknowledges that there are differences of opinion on the "definition or characterization of LAWS . . . and the appropriate type and level of human judgment throughout the various phases of the weapon's life cycle, as well as the suitable terminology." 22 Such differences, it suggests, may stem from "[t]he futuristic nature of the subject and its broad scope +at this stage more is unknown than known and a prudent approach is necessary."23 The statement calls for recognizing LAWS' potential military and humanitarian advantages, including "better precision of targeting which would minimize collateral damage and reduce risk to combatants and non-combatants."24 + +Clarifying the Israeli position that human judgment will always be an integral part of any process regarding LAWS throughout their life cycle, the statement also referenced Israel's domestic process for legal review of new weapons. The statement called for further in-depth discussions, specifically on the various phases of human-machine interaction.25 +Oman According to a December 2017 news report, the Omani Information Technology Authority announced that it had hosted a forum on AI and its impact on Omani society.26 In August 2018, the Authority organized a second forum on methods to develop, integrate, and regulate AI +technology. The forum was sponsored by the Ministry of Transport and Communication.27 +Qatar + +In May 2018, Qatar Computing Research Institute (QCRI), part of Hamad Bin Khalifa University, launched the QCRI Center for Artificial Intelligence. The Center's main responsibility is to + +integrate AI technology into all fields. The Center will also develop policy guidelines and regulations for the citizens of Qatar to use AI in a manner consistent with local cultural norms.28 In addition, a 2017 news report indicated that a French corporation, Navya, has joined the Smart Transport Company located in Doha, Qatar to introduce driverless electric vehicles for commercial use.29 +Saudi Arabia + +I. Official Strategy + +The Kingdom of Saudi Arabia has no official AI strategy. However, it has announced that AI will be employed in efforts to achieve the goals outlined in *KSA Vision 2030*,30 the Kingdom's strategic planning document.31 + +II. AI Potential Investment In October 2017, the Public Investment Fund (PIF) announced that the Kingdom would invest US$100 billion in the field of AI; it also sponsored a conference on Artificial Intelligence and Robotics. Sophia, a "sentient" robot developed by Hanson Robotics of Hong Kong, attended the conference where she demonstrated her ability to track and recognize faces, and hold natural conversations with humans. 32 In October 2017, a former advisor of the Saudi Royal Court announced on his Twitter account that Sophia was being granted Saudi Arabian citizenship33 as "a symbolic gesture" to celebrate the beginning of work on NEOM, a US$500 billion "smart city" +industrial zone sponsored by Crown Prince Mohamed bin Salaman.34 + +30 *Why the UAE and Saudi See Artificial Intelligence as an Investment in the Future*, ARABIAN BUSINESS (Feb. 8, +2018), https://www.arabianbusiness.com/technology/389533-why-the-uae-saudi-see-artificial-intelligence-as-aninvestment-in-the-future, *archived at* https://perma.cc/3HCL-8FTR. 31 *Vision 2030*, KINGDOM OF SAUDI ARABIA, https://vision2030.gov.sa/en (last visited Nov. 20, 2018), archived at https://perma.cc/KB2L-94D5. + +32 Press Release, Saudi Press Agency, The Future Investment Initiative Will Drive Global Thinking on the Future of Technology, Robotics and Artificial Intelligence (Oct. 3, 2017), https://www.spa.gov.sa/viewstory.php?lang=en +&newsid=1673447, *archived at* https://perma.cc/3TT3-DN3D. 33 National Center for Communication of the Kingdom of Saudi Arabia (@CICSaudi), TWITTER (Oct. 25, 2017, 8:38 +AM), https://twitter.com/CICSaudi/status/923212096552218624/photo/1, *archived at* https://perma.cc/W452- +AYSU. +The Kingdom of Saudi Arabia is currently cooperating with foreign companies that specialize in the field of AI. During his visit to Riyadh, SAP CEO Bill McDermott welcomed the Kingdom's plans to use AI to achieve *Saudi Vision 2030* national development goals. He noted that the government of Saudi Arabia will use AI as a foundation for NEOM, the new industrial city project. + +In collaboration with SAP, the Kingdom announced that it would invest 285 million Saudi Riyal +(about US$76 million) to develop modern technologies in the field of AI.35 + +III. Practical Implementation of AI: Religious Rituals In an attempt to use AI in different fields, including religious rituals, the Saudi Ministry of Haj and Umrah has published on its YouTube channel a video giving an insight into how pilgrims to Mecca will use AI in 2030. According to the Ministry, Muslims from around the world who intend to undertake Haj (the pilgrimage to Mecca) will have to apply through a mobile application, and within a few days, they will receive a box that contains an electronic card, a bracelet, and an earphone.36 +Tunisia + +In April 2018, in collaboration with UNESCO, the Tunisian government convened a workshop titled "National AI Strategy: Unlocking Tunisia's Capabilities."37 During the event, the Tunisian Minister of Higher Education and Scientific Research announced the creation of a task force to develop a national AI strategy. The strategy is scheduled to be launched during the first quarter of 2019.38 According to news reports the Tunisian representative at UNESCO has declared that the goal of the national AI strategy is to integrate AI into multiple industries and introduce AI in the services field as well. He added that an array of Tunisian scientists would contribute to the development of the national strategy. Furthermore, Tunisian investors and ministries will fund and facilitate the process.39 + + +The Minister of Higher Education and Scientific Research stated that AI will play a vital part in the future of Tunisia and will be integrated into the field of information technology. He asserted the commitment of the Ministry of Higher Education and Scientific Research to fund and support projects related to AI, including the development of the national strategy. He also stated that the development of the strategy would facilitate the establishment of new labs for AI.40 In November 2018, the Tunisian Ministry of Higher Education and Scientific Research announced that it would collaborate with the Moroccan Ministry of Scientific Research to launch a joint scientific research lab. The lab will conduct scientific research in various areas, including AI, and will begin working in June 2019. Both governments stated that they would allocate the appropriate funding for the lab to operate for four years.41 +United Arab Emirates + +I. Official Strategy In October 2017, the government of the United Arab Emirates (UAE) established the UAE Strategy for Artificial Intelligence. Such strategy is the first of its kind among Arab countries. It encompasses the following objectives: (1) enhance government performance at all levels by employing a smart digital system that can overcome challenges; and (2) make the UAE the first country to use AI in the fields of transportation, health, renewable energy, water, education, the environment, and traffic.42 + +II. Establishment of a Ministry + +The UAE has also created a new ministry in the Cabinet called the Ministry for Artificial Intelligence. In October 2017, the President of the Union selected Omar bin Sultan Al-Olama as the first Minister of State for Artificial Intelligence. Al-Olama is in charge of using the latest AI technologies to enhance governmental performance. The cabinet has also established the Council of Artificial Intelligence, which will oversee the integration of AI into various governmental departments. The Council includes representatives from all nine emirates.43 + + +40 Id. + +III. National Council of AI In March 2018, the Council of Artificial Intelligence met for the first time. The meeting focused on the best methods to integrate AI systems into the daily tasks of government. One of the main responsibilities of the Council is to promote the exchange of knowledge and experience related to AI with other countries as well as promote public awareness about AI. Additionally, the Council's members discussed seven main objectives to achieve the UAE's AI Strategy. Those objectives include the following: + +- Transforming the UAE into a leading global destination for AI + +- Developing AI technology in both the private and government sectors - Attracting prominent international AI scientists to work in the UAE +- Creating the appropriate infrastructure to transform the UAE into a global AI laboratory +- Forming policies and legislation for AI-based technologies and innovations44 + +IV. Practical Implementations of AI + +## A. Traffic + +In its effort to implement AI technology in a variety of fields, including traffic and security, the Roads and Transport Authority (RTA) of the Emirate of Dubai announced that it would begin using an autonomous vehicle system by February 2018. The system will be operated in the Al Qudra Road District. Such an initiative is the first step to support the government of the Emirate of Dubai's strategy to convert 25% of public transportation to driverless by 2030.45 In August +2018, the Federal Authority for Standardization and Metrology announced that it would begin drafting safety regulations for the country's autonomous vehicle system.46 The UAE recently embarked on Phase 4 of the Driverless Vehicles Project within the Sustainable City at Dubailand over a track extending 1250m, according to the Sustainable City's website.47 The *Khaleej Times* +has reported that the RTA of Dubai will examine an electric driverless taxi at a residential area in + +the Dubai Silicon Oasis in December 2018. After a three-month trial phase, the RTA will decide in what areas such driverless taxis may operate.48 + +## B. Security + +In addition, the Dubai Police Department has announced that a new system to identify wanted suspects was powered by the AI technology being used by the Department. The spokesperson for the Department stated that the new system assisted in catching 550 suspects in 2018.49 + + +## Sub-Saharan Africa + + +Ghana During the April 2018 meeting of the UN Convention on Certain Conventional Weapons (CCW) GGE on LAWS, Ghana reportedly expressed "a desire to negotiate a new international lawa new treaty or CCW protocolto address concerns over" LAWS.1 Ghana is also in favor of a ban on fully autonomous weapons. 2 It expressed this view at the 2015 CCW meeting, stating as follows: + +Ghana is very much concerned about the possible use of lethal autonomous weapon systems at any time in the future, for the many reasons and fears that these Systems present to us by their very nature. It is obvious that proponents of these systems believe that they +will not be the victims but others will. We need to avoid moving in this direction of self perfection to the promotion and preservation of human dignity for humanity as a whole. History confirms that today's victim can become tomorrow's perpetrator, especially, when we take into consideration the ever increasing development and spread of technology. Won't we be heading towards a potential quagmire in the near future. In our view fully automated lethal systems must be proscribed before they are fully developed because of the concerns aforesaid and shared by a larger number of delegations +represented here in this meeting.3 + + +Kenya In February 2018, the Kenya government announced that it had formed an eleven-member blockchain and AI task force, comprised of representatives from academia, research institutions, and the local technology sector, and directly accountable to the Cabinet Secretary for Information, Communications and Technology.4 The task force "will provide the roadmap to contextualize on the application of these emerging technologies in the areas of financial inclusion, cybersecurity, land tilting [sic], election process, single digital identity and overall public service delivery."5 The immediate goal of the task force is to "make recommendations on how the government can + +1 CAMPAIGN TO STOP KILLER ROBOTS, REPORT ON ACTIVITIES: CONVENTION ON CONVENTIONAL WEAPONS GROUP +OF GOVERNMENTAL EXPERTS MEETING ON LETHAL AUTONOMOUS WEAPONS SYSTEMS 7 (Apr. 2018), leverage on the emerging technologies in the next five years, with other key milestones in 2027 +and 2032."6 + + +Nigeria Nigeria reportedly approved a robotics and AI agency in August 2018.7 Sources at the country's Ministry of Science and Technology stated that the new agency "would leverage collaborations with international research bodies on robotics and AI" and enable "research and teachings in more complex technology skills to thousands of young people."8 During the official inauguration of an inter-ministerial committee tasked with the establishment of the agency, Christopher Ogbonnaya Onu, the Minister of Science and Technology, noted that "there is no way Nigeria can achieve effective industrialization without investment in Robotics and Artificial Intelligence because it is critical to manufacturing, health care delivery and transportation."9 A source from the office of the country's president stated that "[t]he ultimate goal is to have an agency mandated solely on advancing our knowledge and usability of robots and AI across sectors in Nigeria. The idea is to leapfrog our growth."10 Recent reporting indicates that investment in AI will be directed through the National Agency for Science and Engineering Infrastructure (NASENI), an organization whose mission is to "establish and nurture appropriate and dynamic Science and Engineering Infrastructure-base for achieving home-initiated and home-sustained industrialization through the development of relevant processes, capital goods and equipment necessary for job creation, national economic well-being and progress."11 + + +Sierra Leone During the April 2018 meeting of the UN Convention on Certain Conventional Weapons (CCW) +GGE on LAWS, Sierra Leone was reportedly among thirty-two countries that expressed "a desire to negotiate a new international lawa new treaty or CCW protocolto address concerns over" LAWS.12 +South Africa + +South Africa was one of thirty-two countries that expressed interest in negotiating a treaty to address concerns regarding LAWS during the April 2018 meeting of the UN CCW GGE +on LAWS.13 + + +Uganda As it indicated during the April 2018 meeting of the UN CCW GGE on LAWS), Uganda is interested in negotiating a treaty on and in favor of an absolute ban on LAWS.14 + + +Zambia Zambia is in favor of negotiating "a new international lawa new treaty or CCW protocolto address concerns over" LAWS.15 + + +Zimbabwe Zimbabwe supports negotiating "a new international lawa new treaty or CCW protocolto address concerns over" LAWS and is in favor of banning LAWS.16 The government of Zimbabwe reportedly recently signed a strategic partnership framework agreement with a Chinese company, CloudWalk (with the agreement backed by the Chinese government's Belt and Road Initiative), to deploy facial recognition software in the capital Harrare, and to build a national facial database.17 The benefits sought by China and Zimbabwe from this deal were characterized by one source as follows: "Chinese AI companies get to train their algorithms on Africans to diversify their datasets and Zimbabwe gets to use cutting edge tech to monitor its population."18 Yao Zhiqiang, CloudWalk's CEO, explained the importance of places like Zimbabwe for the improvement of his company's products as follows: "The differences between technologies tailored to an Asian face and those to a black one are relatively large, not only in terms of color, but also facial bones and features . . . . The machine learning needed to expand the technology's capability would require sufficient data."19 \ No newline at end of file