Preparing for accountability of emerging technologies

On drones, the regulatory environment has to be about much more than merely management and tracking. An important issue to consider is inadvertent collection of audio and video

As the use of digital systems spreads rapidly, the governance of new and emerging technology is back in focus. 

In many ways, technologies like artificial intelligence (AI) are like impressionable children. AI will behave in the way that it is designed and nurtured. With input of flawed information, AI-based solutions can lead to disastrous results. Used with authentic and unbiased information, AI algorithms can do much good. 

Therefore, the nurture and governance of emerging tech has become a critical issue for tech leaders and policymakers alike. 

The newly published Global Technology Governance Report of the World Economic Forum (WEF) has identified a clutch of governance gaps in selected technologies which policymakers and regulators should address.  

“While many predated Covid-19, the pandemic and its aftermath has accelerated the urgency of addressing them. These challenges include: Limited or lack of regulation; adverse effect of technology through misuse or unintended use; liability and accountability of the technology; privacy and data sharing; access and use by law enforcement; cyber and other security concerns; human supervision; cross-border inconsistencies and restricted data flows,” says the report. The five technology systems which have been assessed are AI, blockchain, Internet of Things (IoT), mobility, and drones and unmanned air systems. 

The report has suggested approaches to meeting the challenges while sharing examples of some of the best practices adopted in various countries.

“For innovation to thrive, agile and responsive regulation will be crucial in the post-pandemic world. Business models are changing rapidly, and regulators will need to keep pace with these changes without stifling innovation,” the WEF report says. 

The report highlights several examples of agile and responsive regulation. In the US, National Highway Traffic Safety Administration issued its guidelines for autonomous vehicles in 2016. With inputs from various industry participants, the guidelines were updated four times as autonomous vehicle technology evolved.

“A similar regulatory agility is visible in how governments have responded to Covid-19, such as when India's Ministry of Health and Family Welfare announced guidelines in response to Covid-19 that allow registered medical practitioners to deliver services via telemedicine,” the report notes. 

Let us take a look at some of the challenges identified for these technology systems. On AI, the next set of challenges includes geopolitical technological competition, concentration of power and adversarial AI. Some of this is visible in the response of India and the US to the manner in which China is using technology for illegal data gathering. Concentration of technological power in a few companies or countries is another risk to be addressed. 

On the use of IoT, the challenges include a mismatch between digital goods and paper taxes; law enforcement access to IoT data; and consumer rights, especially for devices which may not even have screens. For example, an IoT-connected water purifier or refrigerator may reveal personal habits of consumers without their consent. 

Drones are becoming popular and being deployed for various purposes. The regulatory environment has to be about more than just the management and tracking of drones. Important issues to consider are inadvertent collection of audio and video, as well as lack of airworthiness standards. 

On blockchain, the key challenges are about harmonisation of systems. Issues of enforceability of smart contracts; cross-border regulatory inconsistencies; copyright; and audit of blockchain systems. Many enterprises and government departments are now increasingly deploying blockchain without adequate thought about rules and security. 

Not just in blockchain, Indian entities will have to prepare for a rapidly changing regulatory environment in all tech systems. 

As industry and government bodies promote digital transformation, awareness of legal liability and accountability will have to be prioritised.