Artificial intelligence (AI) is already delivering wide societal benefits. For example, an AI technology developed by the UK’s DeepMind can now predict the structure of almost every protein known to science and the forthcoming AI developments will accelerate scientific research, including life-saving medicines, climate change and a wide range of new inventions. On 6th March 2023, the UK Government launched the UK Science and Technology Framework which sets out government’s strategic vision and identifies AI as one of 5 critical technologies. Co-incidentally, launched on the same day that Future of Life Institute, Elon Musk, Apple co-founder Steve Wozniak, DeepMind engineers and 1500 other experts called for an immediate pause on developing advanced AIs, despite the main companies have been rewarded with stock price bump.
Although the framework notes the role of regulation in creating the environment for AI to flourish, the Framework concludes that we have yet to see AI technologies reach their full potential and that to stimulate the UK economy by unleashing innovation and driving productivity, creating new jobs and improving the workplace, there should be no direct regulator but that numerous government agencies should provide government intervention to provide “a clear, pro-innovation regulatory environment in order to make the UK one of the top places in the world to build foundational AI companies”, effectively kicking the can down the road as Government mandarins think that it is too difficult to do.
The Framework notes that across the world, countries and regions are beginning to draft the rules for AI and that the UK needs to act quickly to continue to lead [sic: contribute] the international conversation on AI governance and demonstrate the value of our pragmatic, proportionate regulatory approach.
The need to act was highlighted by Sir Patrick Vallance in his recent Regulation for Innovation review which identifies the short time frame for government intervention to provide a clear, pro-innovation regulatory environment in order to make the UK one of the top places in the world to build foundational AI companies. It notes that we should also not overlook the new risks that may arise from their use, nor the unease that the complexity of AI technologies can produce in the wider public and accepted that public trust in AI will be undermined unless these risks, and wider concerns about the potential for bias and discrimination, are addressed.
The Government Framework asserts that the UK needs a clear, proportionate approach to regulation that enables the responsible application of AI to flourish and claims that the UK framework concept will ensure that regulatory measures are proportionate to context and outcomes, by focusing on the use of AI rather than the technology itself. This is despite the fact that companies have such huge financial incentives to be first to the market with a new AI solution that they will inevitably ignore good governance guidelines, recommended safety protocols etc in the pursuit of the golden AI dollar and that, as AI is a general purpose technology and its uses can cut across regulatory remits, the multi-regulator approach will have more holes in it than a swiss cheese creating uncertainty and inconsistency in relation to safety, liability and legal requirements.
The government claims it will put in place a new framework to bring clarity and coherence to the AI regulatory landscape, without setting out any of the underlying detail and claiming that a “deliberately agile and iterative approach” will be used to recognise the speed at which these technologies are evolving and underpinned by 5 principles:
– Safety, security and robustness, Assessing and monitoring risks across the economy arising from AI
– Appropriate transparency and explainability
– Fairness
– Accountability and governance
– Contestability and redress.
The 5 principles will not have a statutory basis and will be implemented by existing regulators, despite the fact that they will not have the expertise in the area of AI and will need to make use of regulators’ domain-specific expertise to tailor the implementation of the AI principles.
Following this initial implementation there will be introduced a statutory duty on regulators requiring them to have “due regard” to the principles, which is supposed to allow regulators “the flexibility to exercise judgement” when applying the principles.
Conducting horizon scanning and gap analysis, including by convening industry, to inform a coherent response to emerging AI technology trends.
Supporting testbeds and sandbox initiatives to help AI innovators get new technologies to market.
Providing education and awareness to give clarity to businesses and empower citizens to make their voices heard as part of the ongoing iteration of the framework.
Promoting interoperability with international regulatory frameworks.
For more information see UK Science and Technology Framework. [AIUK230323893]