India has lessons to learn from US' artificial intelligence order: Experts

The recent US order on artificial intelligence (AI) regulation is an attempt to create a balance between innovation and citizen interests, and India can learn from it, said experts.

The order has reignited the debate of regulating emerging technologies around the world, including in India. 

“The US system likes to balance both the innovation aspects, and protect consumer welfare. This is basically ensuring there’s safety, no privacy concern and no bias. So, I guess one of the key takeaways from this could be how to actually go about doing a balanced approach,” said Kamesh Shekar, senior programme manager, The Dialogue.

The executive order, signed by US President Joe Biden, directs federal agencies to set new safety standards for AI systems. It requires developers to share their safety test results along with other critical information with the US government. 

The regulation also requires AI developers to share safety test results with the US government. Further, the National Institute of Artificial Intelligence is tasked with creating safeguards around secure use of AI. 

India has been witnessing rapid growth in AI adoption across sectors, and there has been continuous work on AI regulations.

“There were a series of papers, which actually put forth some principles for the possible use of emerging technologies, including a National Strategy on AI by NITI Aayog,” said Shekhar.  

In the past, NITI Aayog’s National Strategy for AI talked about creating sectoral regulatory frameworks to tackle specific AI issues, similar to countries like Germany and Japan.

The document states, “Apart from having a central privacy protection law, due to the diverse and fast changing nature of technology, sectoral regulatory frameworks may also act as additional protection to user privacy and security.” Earlier this month, the ministry of electronics and information technology revealed the first edition of the India AI report, which made some recommendations around regulation of emerging technologies. 

Speaking about the report, Amol Kulkarni, director (research), CUTS International, said, “A lot of these recommendations from the India AI report are quite technical in nature. They also lay a forward-looking path in terms of how we could develop AI and make India an economy which can benefit from the potential of AI.” 

“When it comes to regulating or developing codes or frameworks around such an evolving sector, there is a need for more consultation, more evidence-based approach and more bottom-up approach.” he added  Experts believe that India, being a developing nation, is uniquely positioned to regulate AI.

They said the government should go for a more holistic approach rather than blindly follow the risk-based approach in EU or the US regulation. 

“I think India is in a very unique situation, and therefore, every decision with respect to AI governance, the purpose of AI and the use cases need to be very carefully thought through. It should be done in consultation with the citizens and consumers.

Citizens would need to better understand how their data is being utilised. They need to be empowered to have their grievances redressed.” said Kulkarni.

The road map

India plans to create guardrails and principles for AI in the upcoming Digital India Bill

Six working groups of INDIAai programme have recently submitted suggestions on the issue

Govt is likely to regulate AI through the prism of restricting user harm