Law of AI on the Horizon: Emerging Legislation for AI in Canada and the US
Jena Dorrington, Online Branch, Staff Writer
January 18th, 2023
In the simplest terms, artificial intelligence is the intersection between computer science, robust datasets, and data analytics. The purpose is to create systems to perform tasks that usually require human intelligence, in order to perceive, process, analyze and facilitate problem solving (1). From the first-ever mechanical computer developed in 1822 by Charles Babbage, the Babbage Difference Engine, weighing over 700 pounds (2), to the portable laptops we use today, it is undeniable that technology has evolved greatly over the past two centuries. As we dive deeper into the age of artificial intelligence, there is an increasing need to regulate such technology as it holds potential to be utilized in both progressive and detrimental manners. Approximately 60 countries have begun formulating and implementing legislation, going beyond the current policy frameworks in place, to properly regulate the use and development of artificial intelligence (3).
Artificial intelligence has a multitude of technical capabilities, making it a tool that has a wide array of applications. It has the ability to analyze, link, uncover patterns and quantify data at a significant speed while also being consistent and adaptable (4). All of these capabilities have the opportunity to provide a deeper insight into various phenomena.
But, just as there are numerous benefits, there are also ethical concerns regarding artificial intelligence, leading to divided perspectives. Some of these concerns include singularity, meaning how do we stay in control of complex and continuously evolving systems? Humans have become the dominant species due to a multitude of factors, primarily due to ingenuity and intelligence. The concern that many share about artificial intelligence is the possibility of it one day surpassing humans and a potential reality where humans may no longer be the most intelligent beings on this planet. Other concerns focus on job loss, as artificial intelligence will one day be able to replace a multitude of employment positions (5). Although artificial intelligence harbors the potential for great benefits due to its efficiency and range of capabilities, how are we to be able to analyze the fairness and neutrality behind these systems?
This leaves the possibility for artificial intelligence bias and discrimination. For instance, one software application designed to predict future criminals showed a significant bias to singling out individuals of color (5). Lastly, a notable concern has to do with the safety of an individual’s data and information, as artificial intelligence in the wrong hands may abuse this knowledge.
There is much debate on whether the benefits of artificial intelligence outweigh the disadvantages. To combat the potentially malevolent side of artificial intelligence, a multitude of countries, such as Canada and the US, have emerged with political bills that would regulate artificial intelligence use, development and design.
On June 16, Canada introduced its first legislation for artificial intelligence regulation which has been titled, “The Digital Charter Implementation Act, 2022, Bill C-27” (6). Bill C-27 resembles the older C-11 Bill that did not end up being passed and it is the second attempt to reform privacy at a federal level. Although core elements of C-11 are retained, Bill C-27 stands out for its incorporation of the “Artificial Intelligence and Data Act” (AIDA)(6). AIDA’s aim is to set out a guide of regulations in order to create a unified management plan for developing artificial intelligence, particularly in trade, while also restraining potential harm to citizens. AIDA defined harm to be “physical and/or psychological harm to an individual, damage to an individual’s property or economic loss to an individual” (6).
The US government is also working on how to govern and guide the responsible use of artificial intelligence through their “Blueprint for an AI Bill of Rights”. This blueprint is centered around five primary principles; safe and effective systems, algorithmic discrimination protections, data privacy, notice and explanation, and alternative options (3). These principles will act to ward against the use of ineffective, unsafe and abusive data practices while also providing citizens with the option to have agency over how data specific to them is used and the ability to avoid use of programs by having people accessible to provide assistance (8). Each of these principles were crafted with the aim to, “help guide the design, use and deployment of automated systems to protect the American Public” (8).
Artificial intelligence is rapidly evolving and becoming more lifelike by the day. The benefits, as well as the fears and ethical concerns, are all valid as it is a new and upcoming field unlike anything we have ever seen before. As such, effective regulations that aim to benefit all must be put in place to ensure safety and avoid bias across the board.
Citations
1. IBM Cloud Education. (2020). What is Artificial Intelligence (AI)? IBM. Retrieved November 12, 2022, from https://www.ibm.com/cloud/learn/what-is-artificial-intelligence
2. Jacobson, D. (2022, September 13). What was the first computer? The Conversation. Retrieved November 12, 2022, from https://theconversation.com/what-was-the-first-computer-122164#:~:text=The%20first%20mechanical%20computer%2C%20The,computer%20we%20all%20use%20today.&text=The%20ABC%20weighed%20over%20700,had%20small%20capacitors%20on%20it.
3. What's in the US 'Ai Bill of Rights' - and what isn't. World Economic Forum. (2022, October 14). Retrieved November 12, 2022, from https://www.weforum.org/agenda/2022/10/understanding-the-ai-bill-of-rights-protection/
4. Stahl, B. C. (2021, March 18). Ethical issues of ai. Artificial Intelligence for a Better Future: An Ecosystem Perspective on the Ethics of AI and Emerging Digital Technologies. Retrieved November 12, 2022, from https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7968615/
5. Bossmann, J. (2016, October 21). Top 9 ethical issues in Artificial Intelligence. World Economic Forum. Retrieved November 12, 2022, from https://www.weforum.org/agenda/2016/10/top-10-ethical-issues-in-artificial-intelligence/
6. Morgan, C. (2022, July 11). The dawn of ai law: The Canadian government introduces legislation to regulate artificial intelligence in Canada. McCarthy Tétrault. Retrieved November 12, 2022, from https://www.mccarthy.ca/en/insights/blogs/techlex/dawn-ai-law-canadian-government-introduces-legislation-regulate-artificial-intelligence-canada
7. Riley, A., Samra, J., Hervey, M., & Paulley, J. (2022, October 28). Bill C-27: A deeper dive into Canada's proposed Artificial Intelligence and data act. Lexology. Retrieved November 12, 2022, from https://www.lexology.com/library/detail.aspx?g=77246e9b-1b9f-454b-a0d4-0ff2265af167
8. The United States Government. (2022, October 4). Blueprint for an AI bill of rights. The White House. Retrieved November 12, 2022, from https://www.whitehouse.gov/ostp/ai-bill-of-rights/