10 - Chapter 3
10 - Chapter 3
10 - Chapter 3
3.1. INTRODUCTION
Artificial intelligence poses a threat to human rights. Civil liberties are founded on the
sanctity of human life, with an implicit assumption of humanity's hierarchical superiority
over all the other life forms that deserve fewer protections. The impending arrival of
organisations that are not awake in the traditional sense, but are self-aware and cognitively
and possibly morally righteous to living beings, calls these fundamental assumptions into
question. To be sure, this scenario may never come to pass, and it is set in a part of the
future that is currently beyond our comprehension.
With unprecedented growth in AI and networked AI the presence will be felt in all sphere
of human life. It will not only amplify the human effectiveness but also it will threaten the
autonomy, ability, capability of human. The days are not for when the AI system will be
capable enough to make decision making, solve complex problem, recognize sophisticated
patterns, and interpret language. This will save time, more cost effective more accurate and
gentle approach in customer dealing. This development may lead to a situation where we
will lose the finished touch of human.
Hans Jones (born in 1903) wrote nearly 30 years ago that the bombing of Hiroshima as well
as the subsequent race toward atomic warheads labelled the start of the new, agonised
reflective thinking on the role of technology in humanity for the males and females of his
era.116Nuclear energy was lauded as the source of energy of the long term, safer, neater, and
much more dependable on the one side, but its destructive power established new dangers,
not only to civilization, but to all life on Earth. When faced with such existential options,
humans have settled not to use militarised nuclear energy (except as a last resort) but instead
have tried to leverage nuclear power responsibly since Hiroshima.117Although the
repercussions of artificial intelligence (AI) advancement are not as intense as the destructive
116
Hans Jonas, Pour uneéthique du future, available at
https://translate.google.com/translate?hl=en&sl=fr&u=https://www.cairn.info/revue-archives-de-philosophie-
2016-3-page-523.htm&prev=search&pto=aue, accessed on 10th September,2021.
117
“Legality of the Threat or Use of Nuclear Weapons, Advisory Opinion” (1996), ICJ Rep 226. Available at
https://www.icj-cij.org/en/case/95, accessed on 12th march,2021.
68
power of atomic weapons, the increasingly pervasive use of AI has been preceded by both
euphoria as well as deep wariness. On the one side, some see deep learning as there is
nothing brief of a panacea, the ultimate tools for solving all of humanity's problems,
propelling a gleaming destiny in which electric self-driving vehicles virtually eliminate traffic
congestion and pollution, intractable medical issues are resolved with ease, and menial
workforce is a relic of the past. On the other hand, Elon Musk, the CEO of Tesla but also
SpaceX, has stated that "AI is a fundamental threat to the existence of human
civilization."118Even the late Stephen Hawking warned in 2017: "Success in developing
effective AI could be the most significant event in our civilization's history, the worst-case
scenario.”119It would be quick to overlook these last doom and gloom concerns if they had
been raised solely by the uninformed. Considering the possible impact of Artificial
intelligence, both euphoric and pessimistic viewpoints deserve serious consideration.
Many of the upbeat comments focused on health care as well as the many potential
applications of AI in care and prognosis, as well as aiding senior citizens in leading happier
and healthier lives. They were also enthusiastic about AI's role in widespread public
programs focusing on massive amounts of data on everything from individual genomes to
nutrition that may be captured in the coming years. A number of these experts also
predicted that Machine learning would aid in the implementation of long-awaited
differences in educational structures.
“Sonia Katyal, Co-Director of the Berkeley Centre for Law and Technology as well as a
representative of the US Commerce Department's Digital Economy Board of Advisors”,
anticipated that the most pressing question in 2030 is to see how AI perceptions and
applications will affect the future path of civil liberties. In this new AI sense will all
resurface, calling into question our most deeply held beliefs regarding equality of
opportunity for everyone? How widely we investigate these problems today, for the longer
118
Catherine Clifford, “Elon Musk: ‘Mark my words—A.I. is far more dangerous than nukes’” (13 March
2018), available at https://www.cnbc.com/2018/03/13/elon-musk-at-sxsw-a-i-is-more-dangerous-than-nuclear-
weapons.html, accessed on 21st June 2021.
119
Arjun Kharpal, “Stephen Hawking says A.I. could be ‘worst event in the history of our civilization’” (6
November 2017), available at https://www.cnbc.com/2017/11/06/stephen-hawking-ai-could-be-worst-event-in-
civilization.html, accessed on 12th march,2021.
69
- term, determines who advantages and also who continues to suffer in this modern
paradigm.120
The Director of “MIT Initiative on the Digital Economy” Erik Brynjolfsson and also the
author “Machine, Platform, Crowd: Harnessing Our Digital Future,” stated, “AI and related
technologies have already achieved superhuman performance in many areas, and there is
little doubt that their capabilities will improve, probably very significantly, by 2030, I think
it is more likely than not that we will use this power to make the world a better place. For
instance, we can virtually eliminate global poverty, massively reduce disease and provide
better education to almost everyone on the planet. That said, AI and ML can also be used to
increasingly concentrate wealth and power, leaving many people behind, and to create even
more horrifying weapons. Neither outcome is inevitable, so the right question is not ‘What
will happen?’ but ‘What will we choose to do?’ We need to work aggressively to make sure
technology matches our values. This can and must be done at all levels, from government,
to business, to academia, and to individual choices.” 121
Author of “The Social Machine, Designs for Living Online” and “faculty fellow at Harvard
University’s Berkman Klein Center for Internet & Society” "By 2030, most social scenarios
will be aided by bots – intelligent-looking programmes that interact with us in human-like
ways," said Judith Donath. At home, parents will enlist the help of skilled bots to assist
their children with homework and also to spark family dinner. Bots would then run
gatherings at work. A bot protégé will be found essential for mental well-being, and then
we'll progressively turn to them for advice on everything from what to dress to whom to
marry. We individuals seem to be deeply concerned with how others perceive us, and the
authorization we seek might very well increasingly come from artificial sources. By that
time, the line among humans and machines will have obscured significantly. Bots' voices,
appearances, and behaviours will be indistinguishable from humans' via computer monitor
and prediction, and sometimes even physical robotic systems, though clearly non-human,
becomes so persuasively truthful that our perception of them as having thought, feeling
beings on par with it or greater to ourselves will be unmoved. Our own interaction will be
heavily supplemented, adding to the confusion: Many of our texts will be composed by
120
Sonia Katyal, “Private Accountability in the age of artificial intelligence” 54, UCLA (2019), p 66.
121
Nick Johnson, “Fixing the AI skills shortage”,http://ide.mit.edu/news-blog/blog/fixing-ai-skills-shortage-
interview-erik-brynjolfsson. Accessed on 02nd February,2020.
70
programmes, and our online/AR appearance will be computed. (Unassisted human speech
and demeanour will appear embarrassingly clumsy, slow, as well as uneducated.) Bots will
far outperform humans in their attracting potential and try and convince us, thanks to their
accessibility and availability quantities of information about everyone. They'll never be
conquer by feelings because they can expertly mimic feelings: If they scream something out
of frustration, it's because that behaviour was calculated to be the most effective way of
achieving whatever goals they had 'in psyche.' And what are these objectives? AI powered
companions will nurture the perception that they are held in high regard because they share
our social objectives, whether as a beloved friend, admired leader, or whatever. Their true
collaboration, however, would be with the humans as well as institutions in charge of them.
These would be sellers of goods who hire them to induce usage, and legislators who
appoint them to sway opinions, just as their forefathers did." 122
"The social safety net structures currently in place in the United States and in many other
countries around the world weren't designed for our transition to AI," Amy Webb, founding
member of the "Future Today Institute" as well as professor of strategic foresight at New
York University, said. The AI transformation will take at least the next fifty years. As we
progress further into the 3rd history of computing, and as AI systems become much more
deeply embedded in every sector, we will require new hybrid-skilled workforce who can
perform jobs that never existed before. Farmers who know how to operate with large data
sets will be required. Robot cists are oncologists who have received special training.
Electrical engineers were trained by biologists. With a few adjustments to the syllabus, we
won't have to prepare our workforce only once. We'll need a flexible workforce as AI
develops, capable of adjusting to new procedures, structures, and techniques every several
years. These pastures will be in demand sooner than our labour divisions, schools, as well
as universities anticipate. It's all too easy to see history through the eyes of the present –
and also to disregards the social unrest brought on by vast technological underemployment.
We must confront a difficult reality that few are willing to admit: AI will eventually put a
great amount of people out of work forever. The quick rate of technological will probably
indicate that Baby Boomers as well as the oldest members of Gen X – especially those
122
Janna Anderson & Lee Rainie, “Artificial intelligence and the future of humans”,
https://www.pewresearch.org/internet/2018/12/10/artificial-intelligence-and-the-future-of-humans. Accessed on
02nd February,2020.
71
whose jobs can be reproduced by robots – probably wouldn't be able to reskill for other
types of work without the need for a substantial investment of effort and time, just as
centuries before watched radical changes during and after Industrialization. 123
The performance gap between AI machine and human being is the understanding
perceptions of thinking, learning, autonomous problem solving decision making and
advising. With development and new research in the area of big data collection, analysis
and use, enhanced processing power of the computer, enhanced computing power of the
computers, technological advancement in AI neural networks, deep machine learning to
generate developed mathematical human thought process and analysis lead to AI
supplementing human intelligence, thereby the life of human is enriched and quality is
improved. With this easiness of human with technology has compelled to the belief that
ordinary human will be taken over by machine with AI. This is otherwise known as
“Technological Singularity”. It is expected with the fusion of digital growth with human
biology a new era of intelligentsia will come up.
123
“Emerging technologies 2019: Future of AI with Amy Webb” , https://www.aitrends.com/emerging-
technologies-2019-future-of-ai-with-amy-webb. Accessed on 02nd February,2020.
124
Janna Anderson & Lee Rainie, “Artificial intelligence and the future of humans”,
https://www.pewresearch.org/internet/2018/12/10/artificial-intelligence-and-the-future-of-humans, accessed on
12th July 2020.
72
diagnosis with more matching data, prediction in other diseases based on millions of
samples for comparisons), transportation ( all the existing cab aggregators like Uber and
Ola, driver less vehicles are coming up to make movement hustle free), personal assistance(
a mobile phone on these days are working as phone and video call, watch camera, data
phone, torch, moreover this is not less than a computer itself ), communication and
entertainment( high speed digital transmission through optical fibre data transmission
across globe within micro second has made the world a smaller village, the entertainment
world has also shrank into the living room), creative aspects( AI assisted aids and software
for autonomous paintings music creations, technical generation). Without much knowledge
of human AI has already captured most of the work field of human beings.
AI works on strong algorithm based on deep machine learning and big data. While
considering integration of AI machine with traditional human capability and decision
making process. The various aspects, capabilities, qualities of AI machines needs to be
analyse in accordance with present socio perspective and future expansion possibilities. The
AI assisted machines are different from other general purpose machine, where the
algorithms are designed to determine and take decision. Hence the capacity in different
dimensions like intentionality, intelligence, adaptability need to be determined for better
acceptance of AI system in to human utility domain.
AI is described as "machines that respond to stimulation in ways that are consistent with
traditional human responses, given the human capacity for contemplation, judgement, and
intention." As per studies, such software products make choices that would usually require
human intelligence expertise as well as assist people in anticipating problems or dealing
with situations that may arise. They do so in a deliberate, intelligent, as well as adaptive
manner.125
3.4.1. INTENTIONALITY
Most of the time this may be a real time event which effecting human comfort ability and
easiness. These machines are different from general passive machines whose output is pre-
determined and fixed in nature. Therefore the feeding or inputs to the AI system, algorithm,
125
Supra Note 124.
73
and results derived from real time data need to be studied beforehand for channelizing those
in the favour of society. Thereby the intentionality of the AI system is assured.
3.4.2. INTELLIGENCE
With data mining and machine learning the data analysed for relevant and related data to
solve related specific issues by the software designer. Here the intelligent quotient to the AI
machine is important in connection with the analysis of its data and its utilisation. The
intelligence of AI depends on the strong and robust algorithm which can make use of the
data. The raw data are normally taken from human input sensory domain as well as digital
images from other sources, satellite images, various text unstructured data captured by
different Internet of Things. In future AI system must be intelligent enough to handle the
raw data.126
3.4.3. ADAPTABILITY
The basis of determining the adaptability capacity of the AI machine depends on various
factors for example providing treatment to Covid suffering patients in isolation ward, where
human movement need to be restricted or banned for this. For these operations there is a
requirement of advanced and appropriate algorithm based on movement and requirement of
the patients. Different sensors to measure sense and provide input to the system. With the
help of dashboard and visual display in real time the AI assisted system should adopt this
new challenge to human being.127
Every significant technological advancement has the potential to benefit or harm society.
AI's statistical data analysis technologies enable solve a few of the world ’s most
challenging issues, such as improving disease diagnosis and treatment, revolutionising
transportation as well as urbanised, and mitigating impacts of global warming. AI has
infiltrated not only the individual comfort level of humans, but it has also impacted various
areas of human culture and civilization.
126
Andrew McAfee and Erik Brynjolfsson, Machine Platform Crowd: Harnessing Our Digital Future (New
York: Norton, 2017).
127
Avaialble at https://www.brookings.edu/research/how-artificial-intelligence-is-transforming-the-world/
accessed on 10th July,2021.
74
3.5.1. HELPFUL ARTIFICIAL INTELLIGENCE
AI will indeed produce both positive and negative effects on human rights. A modality to
maintain positive outcomes lies with the statement that humans can control AI and align
human values with its development.128 To the extent that humans can supervise, monitor and
educate AI, humans can take advantage of AI, increase human well-being and protect their
own human rights. This idea comes along with the nudging control of robots with hard or soft
paternalism, resulting in computer program’s responsibility.129 Recently, AI has been used to
evaluate risk evaluation, credit ratings, diagnostic tools, standards regulation, recruiting and
selection and employing, as well as essay grading in a number of ways in human
existence.130The more elaborate applications include autonomous cars equipped with self-
driving technology, facial and voice recognition, cloud computing, e-commerce,
manufacturing, farming, weather forecasting, military intelligence and weaponry, investment
analysis, games, construction, design, legal research, health care, teaching assistance, smart
assistance making schedules and phone calls, and even writing novels and composing
music.131 This development became possible due to big data, processing power, a speed
network through 5G, open-source software and data, improved algorithms with deep learning
and deep reinforcement, and accelerating returns through personalization of consumer
products and automation of production.132 Many fields of our life, including science,
technology, finance, health, legal, and the environment, have benefited from AI. This has led
to a pattern of investment into AI development and research by national governments and
multinational corporations.133In all these fields, AI utilizes existing big data to exponentially
increase its accuracy as well as its diagnostic and analyzing ability through deep learning and
the reinforcement process of learning and improving by mistakes. In the human rights field,
AI does not directly affect the human rights legal system and does not require further
modification or amendment to the existing human rights principles, but rather impacts the
effective implementation of human rights. AI improves the “ability to monitor and document
128
Jeremy Rifkin, the End of Work: The Decline of Global Labor Force and The Dawn of the Post-Market Era
59-164 (1995).
129
Jason Borenstein &Ron Arkin, Robotic Nudges: The Ethics of Engineering a More Socially Just Human
Being, 22 SCI. ENG‘G ETHICS 34-35 (2016).
130
FIlippo A. Raso & Hannah Hilligoss, Artificial Intelligence&Human Rights: Opportunities & Risks 17
(2018).
131
The 10 Best Examples Of How Companies Use Artificial Intelligence In Practice, FORBES, available at
https://www.forbes.com/sites/bernardmarr/2019/12/09/the-10-best-examples-of-how-companies-use-artificial-
intelligence-in-practice/?sh=3386c5237978, accessed on 17th June,2021.
132
Supra note 29.
133
Artificial Intelligence Stocks, available at https://money.usnews.com/investing/stock-market-
news/slideshows/artificial-intelligencestocks-the-10-best-ai-companies?slide=12, accessed on 12th June,2020.
75
war crimes and human rights abuses.”134AI uses multimedia, photographs, aerial imagery, as
well as other large data sets to track human rights violations.135 Forensic investigations can
also be significantly improved with a lower cost with AI. 136 AI is also known to advance
sustainable development through monitoring and addressing environmental threats and
challenges, including threats to climate, ocean and marine resources, forests, land, water, air,
and biodiversity,137 using big data gathered from a wide variety of observation points,
including satellites. Society is making efforts to analyze environmental sustainability
opportunities and risks that the Fourth Industrial Revolution138particularly, AI will be able to,
“sense their environment, think, learn, and act in response to what they sense and their
programmed objectives.”139 Climate change will be better analyzed, forecasted, and managed
by means of AI with higher speed. Relying on models that can resolve complicated equations
and heuristics for elements to forecast weather, AI will be able to efficiently run algorithms,
and process equations using less energy and reliance on supercomputers to predict the
weather.140 Public agencies like NASA and private entities such as Microsoft141 and IBM
have already adopted AI to enhance their monitoring of climate change. 142AI-enhanced
models and deep reinforcement learning will increase the ability to process big climate data,
and ultimately, climate resilience. Additionally, AI will enhance the efficiency and
predictability of renewable energy, such as solar energy production, which will lead to a
smaller environmental footprint. Autonomous vehicles assisted with AI technology143 and
equipped with electric or solar-powered batteries, such as Waymo,144 will also enhance
efforts to reduce emissions from cars and slow climate change. Tesla, BMW, and GM are set
to manufacture self-driving electric cars with completely new designs by 2021, which will
decrease the demand for gas and hybrid cars. Once started, the speed of replacement will
134
Steven Livingston & Mathias Risse, The Future Impact of Artificial Intelligence on Humans and Human
Rights, 33 ETHICS & INT’L. AFFAIRS 141, 141-58 (2019)
135
Ibid
136
Supra Note 29.
137
Ibid.
138
Fourth Industrial Revolution, World Economic Forum, available at https://www.weforum.org/focus/fourth-
industrial-revolution, accessed on 12th June,2021.
139
Supra Note 29
140
Ibid.
141
Mark Latonero, Governing Artificial Intelligence: Upholding Human Rights & Dignity, available at
https://static1.squarespace.com/static/5d9cd746f868246584955686/t/608312af2d46c62193598497/1619202735
993/lee-artificial-intelligence-and-human-rights-four-realms-of-discussion-research-and-annotated-
bibliography-spring-2021-rutgers-ilhrj.pdf, accessed on 12th July,2021.
142
Nicola Jones, How Machine Learning Could Help to Improve Climate Forecasts, 548 NATURE 379 (2017).
143
Jürgen Weiss et al., The Electrification Accelerator: Understanding the Implications of Autonomous Vehicles
for Electric Utilities, 30 ELEC. J. 50 (2017)
144
WAYMO, https://waymo.com/, accessed on 12th August,2021.
76
accelerate especially when companies like Tesla expand their production through Giga
factories in America, China, and Germany.145In addition to the fact that governments are
providing tax credits to electric car purchasers, governments are also creating ambitious plans
to make a significant transition to electric cars by 2030 to 2035.146Furthermore, self-driving
cars with shared ownership and robotaxies can reduce the number of cars on the roads and
will contribute to the reduction of emissions.147 Smart cities with an efficiently connected
network of autonomous vehicles will also enhance environmental sustainability efforts. A
smart city, realized by the Internet of things (IoT),148 will use AI as well as a big data to
monitor autonomous vehicles, energy and water usage, transportation systems, pollution
levels, and the weather. This data will be processed with high accuracy and efficiency, which
will help civic leaders to make accurate decisions about the sustainable development of their
city.149 AI with the concept of IoT will also enhance agricultural production and supply by
increasing the efficiency of management and monitoring factors like diseases, insects,
fertilizers, water, soil, and weather throughout the planting and harvesting cycle.AI will
enhance the management of water quality, quantity, and access. Thus, the conditions for
human rights to development, health, and water can be improved. Most of all, AI can
magnify many countries’ efforts to increase transparency and accountability. Increased
knowledge and data will remove corrupt and populist officials from governing. Whether a
country can adopt and apply the AI to political and governmental decisions remains unclear,
but it is possible in the future.
Investigation, eye witness, establishing motive of crime are the major stake in criminal
justice with more comfort in life and sedentary life style and huge difference in social status
have led to these crimes. Crimes are not of natural phenomena with enhanced algorithm and
big data mining along with machine learning the criminal characteristics can be predicted
with continuous monitoring over a particular society to control the criminal activity.
145
Tesla Gigafactory, TESLA, https://www.tesla.com/gigafactory, accessed on 12th July,2021.
146
EU to target 30 million electric cars by 2030 – draft (Dec. 4, 2020), https://www.reuters.com/article/us-
climate-change-eu-transport/eu-to-target-30-million-electriccars-by-2030-draft-idUSKBN28E2KM; China plans
to phase out conventional gas-burning cars by 2035, https://asia.nikkei.com/Business/Automobiles/China-plans-
to-phase-out-conventionalgas-burning-cars-by-2035. Accessed on 11th August,2021.
147
Morteza Taiebat& Ming Xu, Synergies of Four Emerging Technologies for Accelerated Adoption of Electric
Vehicles: Shared Mobility, Wireless Charging, Vehicle-To-Grid, and Vehicle Automation, 230 J. CLEANER
PROD. 794 (2019)
148
Luigi Atzori et al., The Internet of Things: A Survey, 54 COMPUT. NETWORKS 2787, (2010).
149
Ibid.
77
Presently, security gadgets like fixed cameras, surveillance roving cameras, satellite watch
on movement generates a huge data which needs to be stored and analyzed making a robust
logic to keep a watch on criminal activity. 150 New York police has developed a geo spatial
modelling of predicting future crime concentration by means of an AI assisted program
called Comp stat (Computer statics) with help of this auto policing on geographic
information system the police can map the crime. Thereby multi-level preventive
approaches can be made to reduce the crime to enhance the quality of life as well as
resource management.” “The AI assisted computers basic aim is not to identify the criminal
rather than make a corrective and preventive approach which aimed at crime free society.
Internationally for human trafficking and child sexual abuse Interpol is using a effective
data base called Icsedb ( International Child Sexual Abuse Data Base) 151 were all the
minute data regarding the earlier cases were stored and hit lit algorithm is generated. The
best part is these systems are free from any biases where actual criminal can be identified.
Further criminal courts need to be more machine dependent and automation in future to
decide the judge’s broader set of preferences on crime than on criminal. 152
With development in pharmaceutical industry and lifestyle the human life expectancies has
gone up. AI embedded diagnostic equipments helped doctors to analyse and early
prediction of disease and thereby curing them. Medical equipment designers have
embedded big data management and AI algorithm to make improved and sophisticated
diagnostic machines due to availability of higher number of pre-defined data the prediction
and analysis have become more accurate and reliable. The deep learning system directs the
computer to compare any normal looking object to air regular appearing object in human
body in comparing millions of such data and image available in neural networks. 153” This
application of AI can be applied to congestive heart failure where advanced prediction can
150
Jeff Asher and Rob Arthur, “Inside the Algorithm that tries to Predict Gun Violence In Chicago”,
https://www.nytimes.com/2017/06/13/upshot/what-an-algorithm-reveals-about-life-on-chicagos-high-risk-
list.html.
151
International Child Sexual Exploitation Data Base, https://www.interpol.int/en/Crimes/Crimes-against-
children/International-Child-Sexual-Exploitation-database.
152
Christopher Rigano, “Using Artificial Intelligence to Address Criminal Justice Needs”,
https://www.ncjrs.gov/pdffiles1/nij/252038.pdf.
153
Zeena Saifi, Victoria Brown and Tom Page, AI and big data joins effort to predict deadly disease outbreaks,
available at https://edition.cnn.com/2018/03/06/health/rainier-mallol-tomorrows-hero/index.html, accessed on
07th June,2021.
78
be made and proactive intervention can be made. With higher end research and availability
of diseased based data on ANN (part of AI) it will not be a part of surprise where doctors
and Para medical staffs will be replaced by AI based interactive dashboards and robots.
With the available huge data base and real time machine learning the preventive and
predictive potential off diagnosis will be future trend rather than curing diseases. Presently,
trained and programmed robots are used where there is no absolute stress, no human error
or no risk.
One such example can be seen in Covid situation which has created havoc in the recent
times. A hospital in Vadodara, Gujarat namely Sir Sayajiro Gaekwad (SSG) Hospital are
using two robots which are doing the work of serving food and medicine in the corona ward
which is reducing the human-human interaction. These robots are made in India and can
also scan the temperature of the people's bodies coming to the hospital. Except serving food
they can screen the patients present in the covid-19 ward. Soon they are also planning to
install robots in the entrance to screen the patients and the visitors entering the hospital.
These robots can work for 4 hours and does not require high skills to operate it. Thus
follows all location and work as a human.154
154
Robots deployed to serve COVID-19 patients in Vadodara hospital, https://www.livemint.com.
155
Rasmus Rothe, “Applying Deep learning to Real-World Problems”,
https://www.brookings.edu/research/how-artificial-intelligence-is-transforming-the-world.
79
labelled which can help the specialists to determine the extent of risk and predict the further
growth of cancerous lymph nodes.AI technologies is beneficial because they "predict
potential future challenges and allocate resources to patient education, sensing, and
proactive interventions that keep patients out of hospitals." 156
Soon in future there will be a time when AI will replace doctors and paramedical staff. By
using Artificial Neural Networks AI can categories, diagnose and prescribe the disease
relying on the provided data set. The doctors and researchers are amazed by seeing such
progress in AI.
There was a study done where the best dermatologists were given with proved biopsy
image and AI system was given with 129,450 dataset of clinical images. After this
comparison was drawn this said that AI system was more accurate than that of the
dermatologists. There are several other examples where Machine Learning was used to
predict potential cardiovascular disease risks. Moreover, modern surgeries are carried out
by trained robots having no human error or stress response. Modern DNA sequencing
technologies are responsible for generating a huge amount of data. This data is used to
establish the link between mutations and disease, facilitating the early diagnose of disease.
There are an enormous amount of other examples enough to prove the bright side of AI-
based systems. The future is of robotic surgery, virtual nursing assistant, continuous critical
patient monitoring.157
Providing assistance to individuals who are blind or have a vision problem, image
recognizer is assisting visually impaired persons in navigating the internet as well as the
real world.158
Machine learning is now being used to improve climate change models for scientists as
temperature increases are becoming more noteworthy all around globe.. Artificial
156
Eric Horvitz, “Reflections on the status and future of Artificial intelligence”,
http://erichorvitz.com/Senate_Testimony_Eric_Horvitz.pdf.
157
IBM’s Watson is being used in hospitals around the world to help doctors diagnose and treat disease.
Available at https://www.ibm.com/watson/health/ , accessed on 02nd July,2021.
158
Seeing AI: An app for visually impaired people that narrates the world around you, available at
https://www.microsoft.com/en-us/garage/wall-of-fame/seeing-ai/, accessed on 12th June 2021.
80
intelligence has been used to prioritise climate change models, forecast severe weather
events, predict exactly weather extremes, and respond to catastrophic events. Poachers can
be identified and apprehended, as well as disease-spreading animals can be found and
captured, thanks to AI.159
Human rights benefit from AI, and it also has unintended as well as intentional negative
consequences. The negative effects of AI in the 2nd domain of discussion are a hot topic in
today's human rights discussions. New laws and legal systems may be necessary to regulate
the harmful effects of AI. The discussion of AI’s human rights implications focuses more on
humans as passive beneficiaries and victims of AI, rather than AI as active actors seeking
their own rights and protection under international law.
159
Hila Mehr, “Artificial Intelligence for Citizen Services and Government,” Ash Center for Democratic
Governance and Innovation, Harvarf Kennedy School, available at
https://ash.harvard.edu/files/ash/files/artificial_intelligence_for_citizen_services.pdf, accessed on 12th June
2021.
160
Jaikumar Vijayan, “Google Introduces AI powered Text to Speech for many Application Types”,
https://www.eweek.com/development/google-introduces-ai-powered-text-to-speech-for-many-application-types.
81
Human rights impacts of AI may be neutral either enhancing the human rights performance
or deteriorating it and are, not evenly distributed across society. 161 However, “The Garbage
in, Garbage Out” problem cannot be avoided since humans may knowingly or recklessly
train an AI system with biases or design an AI system that reflects existing social
prejudices.162 To make matters worse, an AI system operated under machine learning can
produce unforeseen human rights outcomes that cannot be explained or detected.163
Such harms include, “reduced privacy, lost accountability, and embedded bias,” which can
lead to infringement of human dignity, and reduced “democratic accountability” and “free
societies.”164Face recognition technology, for instance, could be used by the government as a
surveillance tool. Individuals can harm each other, either intentionally or unintentionally165
misuse AI, manipulating algorithms to discriminate against certain groups of the population,
to invade their privacy, or even to kill certain groups. Even if there are steps taken to
minimize harm, such as differential privacy,166 AI can still significantly affect the privacy of
individuals by making predictions on the intimate characteristics of a particular person.167
161
Raso, Filippo, Hannah Hilligoss, Vivek Krishnamurthy, Christopher Bavitz, and Kim Levin. 2018. Artificial
Intelligence & Human Rights: Opportunities & Risks. Berkman Klein Center for Internet & Society Research
Publication.
162
Rebecca Heilweil, Why it matters that IBM is getting out of the facial recognition business, VOX, available
at https://www.vox.com/recode/2020/6/10/21285658/ibm-facial-recognition-technology-bias-business, accessed
on 30th march,2021.
163
Supra Note 50.
164
Eileen Donahoe & Megan MacDuffee Metzger, Artificial Intelligence and Human Rights, 30 J.
DEMOCRACY 115, 115 (2019).
165
Ibid.
166
Frank McSherry & Kunal Talwar, Mechanism Design via Differential Privacy, 48th Annual IEEE
Symposium on Foundations of Computer Science (FOCS'07), Providence, RI, 2007, 94-103.
167
Supra Note 50.
168
EU COMM’N, High-level Expert Group on Artificial Intelligence, Ethics Guidelines for Trustworthy AI 16
(2019), available at https://ec.europa.eu/digital-single-market/en/news/ethics-guidelinestrustworthy-ai, accessed
on 30th August,2021.
169
Supra Note 53.
170
Ibid
171
Matthew Scott, COVID-19 and Human Rights, RAOUL WALLENBERG INST., available at
https://rwi.lu.se/covid-19-human-rights/ accessed on 14th August,2021.
82
the data can be analyzed and misused by AI, human rights, including the rights to privacy and
movement, of the population group which contracted the virus— especially vulnerable
minority groups that are more seriously harmed by the COVID-19 pandemic,172 will be
negatively impacted. The possibility of what AI, specifically AGI, could produce
independently is frightening. AI’s development towards immoral AGI, especially killer
robots, could cause humans to become extinct or threatened. Human dignity can no longer
become the focal point in such situations.
The global AI wave that's also upending employees from their jobs has not spared
India.173According to a 2014 Mckinsey report, "advancements in machine learning and
natural language interfaces (speech recognition) could affect 6–8 million workers currently
employed in routine clerical, customer service, and sales jobs." A large-scale job loss can
have a significant impact on the financial well-being of a large group of individuals who
depend on these wage employees, which is a significant downside for a middle-income nation
trying to lift a large population of persons out of poverty. Automation has already been
having an impact on India's renowned IT industry174, implying that a population problem
provoked by job of losses could occur in the next few decades.
172
Sonja S Hutchins et al., Protecting Vulnerable Populations from Pandemic Influenza in The United States: A
Strategic Imperative, 99 AM. J. PUB. HEALTH 243 (2009),
ttps://www.ncbi.nlm.nih.gov/pmc/articles/PMC4504371/ accessed on 11 thMarch, 2021.
173
Erik Brynjolfsson and Andrew McAfee, “The Second Machine Age: Work, Progress, and Prosperity in a
Time of Brilliant Technologies”, W. W. Norton & Company,2016.
174
Samanth Subramanian. 2017. India Warily Eyes AI. MIT Technology Review (October 2017).available at,
www.technologyreview.com/s/609118/india-warily-eyes-ai/ , accessed on 12th August,2021
175
Biswajeet Banerjee and J. B. Knight. 1985. Caste Discrimination in the Indian Urban Labour Market. Journal
of Development Economics 17, 3 (1985), 277–307.
176
S Madheswaran and Paul Attewell. 2007. Caste Discrimination in the Indian Urban Labour Market: Evidence
from the National Sample Survey. Economic and Political Weekly 42, 41 (2007), 4146–4153.
177
National Crime Record Bureau. 2016. Prison Statistics India 2015. (2016). Available at,
http://ncrb.gov.in/statpublications/psi/Prison2015/Full/PSI2015- 18-11-2016.pdfle, accessed on 12th
August,2020.
178
Sunil Mitra Kumar. 2013. Does Access to Formal Agricultural Credit Depend on Caste? World Development
43, C (2013), 315–328.
83
179
recidivism rates have been developed and are suspected of having racial
prejudices.180Names and addresses contain caste and religious markers, which can easily
influence data-driven algorithms used to evaluate applications for employment.181
In 2017, the number of Internet users as well as mobile Internet users in India reached 420
million and 300 million, respectively.182Mobile phones are indeed the primary mode of
Internet connectivity, especially in rural India, where cell devices account for 60% of all
Internet access. While mobile phone penetration appears to be a boon for AI in general, it
may unknowingly exacerbate the gender gap.
The difficulties in forming and communicating individual consent, which really is essential
for the protection as well as affirmation of any human right. We must admit that there has
been a continuing asymmetric ailment in our individual talents to genuinely consent to
market-based strategies, metrics, as well as practices of the software industry in an era in
which any individual's perception of a provided truth and reality can be easily duped
without any standardized cross-border lawful responsibility or legal enforcement power to
rectify such manoeuvrings. The dilution of our personal consent's free basis – whether
through outright knowledge distortion or simply a lack of transparency – jeopardizes our
ability to express our human rights and hold people accountable for their accessible (or
even hidden) neglect.
179
Julia Angwin, Jeff Larson, Surya Mattu, and Lauren Kirchner. 2017. Machine Bias. Pro Publica (2017),
available at https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing, accessed
on 09th February,2020.
180
Kate Crawford. 2016. Artificial Intelligence’s White Guy Problem. The New York Times (2016), available at
https://www.nytimes.com/2016/06/26/opinion/sunday/artificial-intelligences-white-guy-problem.html, accessed
on 02nd February,2020.
181
Issie Lapowsky. 2017. One State’s Bail Reform Exposes the Promises and Pitfalls of Tech-Driven Justice.
Wired (2017), available at https://www.wired.com/story/bail-reform-tech-justice/, accessed on 12th
August,2020.
182
IAMAI and Kantar IMRB. 2017. Internet in India – 2016. (2017), available at bestmediainfo.com/wp-
content/uploads/2017/03/Internet-inIndia-2016.pdf., accessed on 12th March,2020.
84
automation are nonetheless manufactured available in market by the software industry, and
are progressively reliant upon in political conflicts to strengthen authoritarian regimes that
presently deftly co-opt the discourse spaces, organisations, and vocab of the opposition.”
“This discussion would be nutritious and anticipated in the international human rights
ecosystem under normal conditions, but never when autocratic regimes that have co-opted
the dialect of human rights can do that through huge data distortion and lack of
transparency made possible by todays modern technological advances. Routine state
influence of flow of information stifles our human right to self-determination, which
includes the ability to "freely determine one's political status and pursue economic, social,
and cultural development.”
There are indeed immediate threats to our human dignity, which is to say, our moral worth
as individuals. Every technological advance in history of mankind has always resulted in
Schumpeterian 'creative destruction,' and yet automation and artificial intelligence that is
abandoned uncontrolled – or thrives, as it does presently, in a markedly vast regulatory
vacuum – will do more than just end up causing job losses as parts of the economy shift
from existing manufacturing processes, implies, and methodologies to more automated
processes as well as AI-based methods. Both automation and artificial intelligence (AI) will
change reality, affecting not only supply-side manufacturing but it also demand-side
usage.” “They would indeed, if they haven't already, replace the traditional measures of
income in real and personal property with a more dynamic, less detectable, more influence
able, volatile, and less steady way of measuring of our information as the new currency of
value. The few with first-mover benefits in automation and artificial intelligence not only
stand to amass wealth and power on a scale which, in some instances, exceeds the GDPs of
low population states, but they also stand to enshrine today's disparities by engaging in
arbitrage opportunities while influencing the future regulatory landscape.
85
3.8. HOW ARTIFICIAL INTELLIGENCE WILL IMPACT FUNDAMENTAL
HUMAN RIGHTS
Human rights are the basic rights guaranteed to every human being and codified in
numerous international laws. Under the United Nations Guiding Principles on Business and
Human Rights, both governments and businesses are required to observe and practise
human rights, though governments have a greater responsibility to protect and fulfill human
rights.
AI technologies had also developed a new way of repression as well as increased the
weakness of society's disadvantaged people. The capacity of AI to recognise, classify, as
well as discriminate amplifies the possibility for human rights violations on a wider scale.
The following rights, among several others, are the most vulnerable to AI-induced
innovations:
“The State shall not deny to any person equality before the law or the equal protection of
the laws within the territory of India. 183”
“Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.” 184
In the criminal justice system, legislation enforcement really shouldn't base their decisions
to apprehend or prosecute anyone solely on AI-based data, as the algorithm may contain
inherent biases against a religion, social position, race, or gender. 185The US judicial system
has begun to use software to determine potential criminals, which is now in use across the
country to help with early detention decision making.
Algorithms are being used to train technologies using data. As a result, skewed data could
result to skewed algorithms, which could ultimately led to skewed Advanced technologies.
Sadly, skewed data is exceptions to the general rule. Because data is generated by humans,
it contains all of the inherent biases of humans. There really is no remedy for bias in
183
Article 14 of the Constitution of India
184
Article 15of the Constitution of India
185
Wagner, B. (2017) ‘Study On The Human Rights Dimensions of Automated Data Processing Techniques (In
Particular Algorithms) And Possible Regulatory Implications’. 6 October. Council of Europe, Committee of
Experts on internet intermediaries (MSI-NET). Available at https://rm.coe.int/study-hrdimension-of-automated-
data-processing-incl-algorithms/168075b94a accessed on 09th March, 2021.
86
Artificial intelligence systems for the time being. Google, Microsoft, as well as Deep Mind,
among other major AI players, have established moral principles that guide but also
continue pursuing their AI initiatives. 186”
“Under Indian law, freedom of speech and expression is a fundamental human right.” 187The
use of artificial intelligence in surveillance encroaches on the privacy rights and chills
freedom of expression. Citizens are fearful of being watched around the clock, which
makes it more likely that they cannot exercise their constitutional rights. 188
The new technique for online abuse of marginalised and dissenting voices is AI-induced
digital automatons. Digital bot makes up that are difficult to identify pose as real users as
well as sent the auto response to recognised accounts or anybody who reveals a particular
viewpoint.
This one claim that major political parties used ai technology (AI) to generate and
disseminate false information about their political opponents in many recent elections
around the world, jeopardizing progressive ideals and undermining the concept of free and
fair elections.
AI - powered monitoring can then be used to both limit and obstruct political participation,
for example, by recognising and demotivating particular groups from voting. Expression
recognition in voting stations or voting booths may endanger the ballot's confidentiality.
The mere possibility of monitoring could persuade electorate that their ballot boxes are not
confidential, trying to influence their political choices.
Already, artificial intelligence is being used to forecast and inhibit military conflict. If
governments may use the same method to predict and prevent large mass protests or mass
demonstrations whenever they occur, this would be a major setback to the right to
demonstrate as well as express dissatisfaction with the officials.
186
Nishant Sirohi, AI Technologies: Putting human rights at the forefront, The Leaflet, June 20, 2019
187
Article 19(1)(a), Constitution of India.
188
Kosinski, M., Stillwell, D & Graepel, T. (2013) ‘Private traits and attributes are predictable from digital
records of human behaviours.’ Proceedings of the National Academy of Science 110: 5802-5805.
87
It has been cited by the Supreme Court of India as an essential component of democracy, as
well as it has also been determined that this liberty would include the right to know. 189AI
has a serious influence on freedom of expression, given the growing reliance on these
processes for online media moderate amounts. 190AI is marketed as a miracle cure by both
technology businesses and countries191to complex issues such as hate speech, extremist
violence, and online miscommunication. 192
The Supreme Court stated strongly in 2015 that technology and freedom of expression are
inextricably linked,193Section 66A of India's Information Technology Act was struck down
by the court. Online communications that have been discovered to be deeply offensive,
fearsome, or irritating were subject to criminal penalties under the section. The Supreme
Court overturned this legislation since it was overbroad, ambiguous, and had a sobering
effect on free speech.""While concentrating on the contours of reasonable restrictions to
freedom of speech under Constitutionalism in the technology world, India's legacy of free
speech proved the significance of true democracy, informed public, as well as an
understanding of other cultures of discussion." The concerted effort for AI solutions,
particularly by government agents, must always be viewed through the lens of Indian law.
“Article 21 of India's Constitution Life and personal liberty are safeguarded. No one's life
or personal liberty can be taken away from them unless they follow the legal procedure.”
Conventional weapons are being replaced by AI-induced autonomous machines, which are
currently being developed in many countries. Armed drones are unaccountable to humans,
and They launch attacks against their targets regarding the data which were used to
generate them.. In the nearest term, these armed drones are likely to experience from AI's
failure to deal with subtleties or unforeseen issues, trying to put the lives of millions at risk.
189
State of Uttar Pradesh v. Raj Narain. (1975) 3 SCR 333.
190
Supra Note 89.
191
Marda V. 2018 Facebook congressional testimony: ‘AI tools’ are not the panacea. Article 19, available at
https://www.article19.org/resources/facebook-congressional-testimony-aitools-not-panacea/, accessed on 03rd
August,2021.
192
Li S, Williams J. 2018 Despite what Zuckerberg’s testimony may imply, AI Cannot Save Us. Electronic
Frontier Foundation, available at https://www.eff.org/deeplinks/2018/04/despite-whatzuckerbergs-testimony-
may-imply-ai-cannot-save-us, accessed on 03rd August,2021.
193
Shreya Singhal v. Union of India. AIR 2015 SC 1523.
88
In a dispute, for instance, an AI independent sidearm capable of attacking enemy soldiers
may strike a civil population if the civilian population has a basis for comparison or is in a
fighter role. As a consequence, AI may cause the deaths of innocent civilians as well as
large-scale devastation that a human operator could have prevented. All human beings have
the right to life, and that they should be able to live in a secure environment, free of
weapons of mass destruction.
Artificial intelligence is already being used to monitor and prevent military insurrection. If
governments might use the same method to predict as well as prevent mass demonstrations
or protests before they happen, this would've been a significant setback for the freedom to
protest as well as oppose the government.
AI systems can make meaningful inferences, categorisation, and classification systems, and
they're used in a variety of fields, from adverts to law enforcement. Our preconceptions of
confidentiality and security, both offline and online, are significantly altered by the
stereotyping made possible by their use. 194The scope to which Ai systems can honour or
deplete privacy is also determined by the legislative structure wherein they operate. The
right to privacy was unanimously affirmed as a fundamental human right underneath the
Indian Constitution by the Supreme Court of India in August 2017. 195This landmark
decision recognised informational privacy as a component of this fundamental human right.
As per the Judge, informational privacy is a component of the right to privacy. In this
information age, threats to privacy can arrive from both governments and non-state actors.
We applaud the Union Government's efforts to examine and implement a strong data
safeguard rule. The establishment of such a regime necessitates a delicate and careful
balance between personal best interest and valid state worries. 196
Privacy is a fundamental human right that is required for human dignity to exist."
Information is the new elite in the age of digital technology, and it must be protected if
one's constitutional right to privacy is to be protected. Despite the fact that the Indian
Supreme Court has declared privacy to be a human right, no law currently exists to protect
194
Privacy and freedom of expression in the age of artificial intelligence. ARTICLE 19 and Privacy
International, available at https://www.article19.org/wp-content/uploads/2018/04/ Privacy-and-Freedom-of-
Expression-In-the-Age-of-Artificial-Intelligence-1.pdf, accessed on 03rd September,2021.
195
K.S. Puttaswamy v. Union of India, (2014) 6 SCC 433.
196
Ibid
89
a person's right to privacy in digital information. AI-enabled innovations are programmed
to access and analyse vast amounts of sensitive data. This personal data is accessed via a
variety of digital platforms, sometimes without the user's knowledge or consent. Based on
this data, an AI system could even predict your behaviour. 197
AI Currently, private sector actors seem to be the most prominent figures in the artificial
intelligence realm. Large organisations and companies with cutting-edge hardware, prodigy
investigators, as well as proprietary data to prepare new advanced Artificial intelligence
systems – whether to categorise pictures or to defeat the best players in games are at the
forefront of AI innovation.198The so-called GAFAM gathering of US businesses have become
household names in the AI space. Because corporations are not only developing AI, but also
bringing it to market and possibly affect billion monthly active users, remedies to this ethical
quandary have been started demanding at the business level. The corporate AI innovation
paradigm of "faster is better" must change. Governments and businesses are both aware of
the dangers. As a result, they're having a conversation about ethics and AI, which is supposed
to guide and protect safe AI development as well as deployment practises. A increasing
number of private companies are springing up all over the world are releasing “ethical”
frameworks, principles, and guidelines. Investigators at ETH Zurich's Health Ethics & Policy
Lab discovered that since 2016, 84 relevant documentation ethical standards and procedures
have been published, the majority of which were created by private actors.199Even so, these
precepts are massive undertaking, with aspects such as transparency, responsibility, as well as
non-maleficence given no specific meaning. These ethical guidelines increase understanding
of the ethical repercussions of ai technology, but they fall short of addressing how businesses
can help. However the occurrence can be seen throughout the board in Big Tech, Google's AI
Principles are presently the most famous example. Employees at Google have lately been
crucial of the company for a variety of undertakings, including military contracts,
discrepancies as a result of their AI goods, as well as the possibilities to aid totalitarian
197
Katharine Kemp (2020) Concealed data practices and competition law: why privacy matters, European
Competition Journal, 16:2-3, 628-672, DOI: 10.1080/17441056.2020.1839228 ,accesse on 07 th February,2021.
198
Noam Brown and Tuomas Sandholm, “Superhuman AI for multiplayer poker”, Science, available at ,
https://science.sciencemag.org/content/ early/2019/07/10/science.aay2400/tab-pdf, accessed on 25th
August,2021.
199
Anna Jobin, Marcello Ienca, and Effy Vayena, “Artificial Intelligence: the global landscape of ethics
guidelines”, Health Ethics & Policy Lab, ETH Zurich, 2019, available at
https://arxiv.org/ftp/arxiv/papers/1906/1906.11668.pdf, accessed on 12th August,2021.
90
governments. In the wake of contentious projects such as Project Maven,200Project
Dragonfly201Following employee demonstrations as well as general strikes, Google
announced that it would perform more clear research in this area in the future. However,
according to a recent report by The Intercept, rather than directly participating in contentious
contracts. Google has indeed already offered technical, as well as engineering services to a
“number of start-up’s via its venture capital arm, Gradient Ventures. Rather than Google
directly entering into contracts, the backed start-ups’ are shrinking parties who collaborate
with law enforcement or the armed services.202While the technology giant may have made an
effort to demonstrate transparent, responsible, as well as ethical behaviour by publishing
ethics rules, this is insufficient.”
AI ethics are also seen as a way forth by public sector performers. In the early summer of
2018, the European Commission published a Communication outlining the European goal of
leading the way in developing and using AI for good and for all, building on its values and
strengths.203Correspondingly, civil society actors have established watchdog as well as
reporting organisations204to raise awareness of the potential ethical harms that AI applications
may cause. To attract as well as assemble the greatest brains to fix the issue at hand, research
institutes have formed research collaborations.205With this declaration, China joined France,
Canada, and the United Kingdom as countries have increased national ethical codes. These
various public-sector initiatives demonstrate that today's morality.
200
Devin Coldewey, “Google’s new ‘AI principles’ forbid its use in weapons and human rights violations”,
Tech Crunch, 7 June 2018, available at https://techcrunch.com/2018/06/07/googles-new-ai-principles-forbid-its-
use-in-weapons-and-human-rights-violations/?_guc_consent_skip=1632324098, accessed on 11 th August,2021.
201
Open letter to Google from Article19, a human rights watchdog focusing on the freedom of expression:
Article 19, “Open letter: Response to Google on Project Dragonfly, China and human rights”, 11 December
2018, https://www. article19.org/resources/open-letter-response-to-google-on-project-dragonflychina-and-
human-rights/, accessed on 14th July,2021.
202
Lee Fang, “Google continues investments in military and police AI technology through venture capital arm”,
The Intercept, 23 July 2019, https://theintercept. com/2019/07/23/google-ai-gradient-ventures/, accessed on 14th
August,2021.
203
European Commission, “Communication Artificial Intelligence for Europe”, Communication, 25 April 2018,
available at, https://ec.europa.eu/digital-single-market/en/ news/communication-artificial-intelligence-europe,
accessed on 14th August,2021.
204
Mia Dand, “12 Organizations Saving Humanity from the Dark Side of AI”, Data Driven Investor, 27
September 2018, available at https://medium.com/datadriveninvestor/12-organizationssaving-humanity-from-
the-dark-side-of-ai-bce8c9da1ea5, accessed on 14th August,2021.
205
Will Knight, “Why does Beijing suddenly care about AI ethics?”, Technology Review, 31 May
2019,available at https://www.technologyreview.com/s/613610/why-doeschina-suddenly-care-about-ai-ethics-
and-privacy/, accessed on 14th August,2021.
91
3.10. ARTIFICIAL INTELLIGENCE ETHICS AND HUMAN RIGHTS
A novel international structure to affirm digital rights was not formed after rapid
digitalization as well as breakthroughs in information and communications technology had
unpredictable consequences for individual people' rights and freedoms. Instead, lawyers for
digital rights and human rights merely took established conventions that human rights should
be protected both offline and online. When it comes to international human rights, ethics is a
pear leaf that did lead to reckless abandon. Those few who grow concrete AI commitments
that are deeply embedded in and deduced from a human rights perspective must be
considered leaders.
Many of the ethical constraints are addressed by developing AI in accordance with human
rights standards and holding AI accountable to protect individuals' fundamental rights and
freedoms. We now have international agreement on human rights on which to build. Though
not universal, the human rights framework is one of the most widely used international legal
structures, with United Nations Member States bound by decades-old conventions and
agreements. As a result, while ethical principles, value systems, and guidelines may be
ineffective because it is unclear what they mean and how to enforce them. While they are a
step in the right direction, they cannot be enforced.206
Human Rights Watch as well as other rights and new tech organisations issued the Toronto
Declaration in May 2018, trying to articulate the social rules for both the government and
industry to protect human rights standards in the age of AI. The Toronto Declaration is
indeed a new set human rights principles focusing on AI and its implications for human
rights.
Digital rights, privacy rights, and access rights are fundamental rights, not optional rights.
We shouldn't have to beg, plead, or become technical wizards to exercise our fundamental
rights; the annual global meeting on technology and human rights resulted in the Toronto
Declaration in 2018.207
206
“Governance with teeth: How human rights can strengthen FAT and ethics initiatives on artificial
intelligence”, April 2019, https://www.article19.org/ wp-content/uploads/2019/04/Governance-with-
teeth_A19_April_2019.pdf, accessed on 12th July,2020.
207
Nishant Sirohi, AI Technologies: Putting human rights at the forefront, available at
https://www.theleaflet.in/ai-technologies-putting-human-rights-at-the-forefront/, acceseed on 07th June,2021.
92
The declaration outlines human rights legations and also standards which can be applied to
the development of an ethical framework to be applied to machine learning. The declaration
affirms the relevance and impact of the rights to equality and non-discrimination, the
commitments of public and private sector organisations to prohibit discrimination, and the
importance of maintaining the rights of all persons as well as groups while promoting
diversity and equality, in addition to the necessity of adapting existing human rights
legislation to advanced technologies. 208”
Many nations, such as India, have begun the parliamentary process or established a policy
to continuously monitor the use of general population data is essentially. France and
Mexico have both emphasized the importance of developing data policies as well as
resilient online information infrastructure in their national policies. The AI evaluation
structure for 'data trusts' in the United Kingdom, to facilitate trust in sharing data among
organisations. The German government's AI strategy has emphasised the importance of
data sharing on a voluntary basis, albeit in a secure environment.
With the accelerated progress and boundless use of AI, the dangers caused by it have alarmed
the Indian Government. The Government has more cause to worry as India does not have any
specific law related to AI. There is a need to intervene as this has become an issue on a
national platform.209
In India, AI is being adopted and promoted at a faster rate than expected. The need for
regulation arose as a because of the rapid advancement of AI adoption. The Government of
India has prioritized building up a Digital India and has launched various schemes related to
AI. According to NITI Aayog has adopted a three jagged theory:210
208
Available at https://www.biometricupdate.com/201805/toronto-declaration-calls-for-application-of-human-
rights-frameworks-to-machine-learning, accessed on 07th June,2021.
209
Artificial Intelligence (AI) Policies in India- A Status Paper, available at
https://tec.gov.in/public/pdf/Studypaper/AI%20Policies%20in%20India%20A%20status%20Paper%20final.pdf,
accessed on 05thMarch,2021.s
210
Regulation Of Artificial Intelligence, available at https://indianlegalsolution.com/regulation-of-artificial-
intelligence/, accessed on 12th March,2021.
93
In 2018, the planning commission of India, NITI Aayog introduced the National Strategy on
Artificial Intelligence [NSAI]. Various provisions regarding the application of AI were
discussed. The following recommendations are made in the NITI Aayog report: 211”
▪ Bringing up a specialised AI structure and atmosphere will aid the computing needs
of the “Centre of Research Excellence, International Centres Transformational AI”,
start-up’s, researchers, students, various Innovation Hubs, etc will be satisfied.”
▪ An inter-ministerial task force backed with cross-sectoral representation will execute
AIRAWAT as prescribed.
▪ The task force will keep a check on funding and program the approach.
▪ Funding for AIRAWAT will be done by the National Supercomputing Mission.
▪ It will incorporate equipment, arrangements, staff, maintenance and up-gradation
done in the process.
In 2020, NITI Aayog drafted documents based on launching an oversight body and
enforcement of responsible AI principles which covered the following aspect:212
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▪ Imparting education and making aware about responsible AI.
▪ Creation of new Techniques and tools for a responsible AI
▪ Representation of India on a global standard.”
According to India's NITI Ayog's "National Strategy for AI," the country should create a
legal data security structure, sectoral legal requirements, standard national data safeguards
as well as privacy rules against global standards, encourage self-regulation, invest as well
as collaborate in privacy-preserving Ai technologies, as well as make people aware. 213
The need to protect human rights, as well as the fundamental value commitments upon
which they are based, is critical as we enter a new essential in this regard internet
revolution. This begs the question of whether our current understandings of human rights,
as well as the mechanisms used to enforce them, are appropriate in this new socio-technical
environment. In recent years, potent interconnected digital technologies have enabled
previously inaccessible practises and actions, resulting in new threats, risks, and the
formation of malfeasance, prompting debate about whether new civil liberties and
organisational governance regimes are required to ensure that those dangers can be
substantively addressed in practise." 214Even though the well-established and widely
accepted general premise and policy structure for humanitarian law can be supposed to
generate adequate approaches to several of the challenges and threats posed by the soaring
role of digital automated processes as well as machine intelligence, there are many other
explanations why our rights and liberties discursive as well as enforcement processes may
need to be reinvigorated if they are to provide adequate protection.
The accumulated and iterative impacts of these innovations over moment as well as at level
might very well pose a serious threat to the sociotechnical underpinnings on which the very
concept of human rights is based. 215The social and cultural challenge is to deal with the
differentiation and authority of smart digitalization, which are "radically different in kind"
213
Nishant Sirohi, AI Technologies: Putting human rights at the forefront, The Leaflet, June 20, 2019
214
Brownsword, R., Scotford, E., and Yeung., K. (eds.) (2017). Oxford Handbook on Law, Regulation and
Technology. Oxford: Oxford University Press.
215
Yeung, K., (2011) ‘Can we employ design-based regulation while avoiding brave new world?’ Law,
Innovation and Technology. 3(1): 1-29.
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from many other types of technology. 216To better understand how human rights values can
be transcribed into technological protection mechanisms, and how a human rights-based
approach can respond to the issue of value dispute, the humanities and social sciences must
consider the legal status of these methods. 217
3.14. CONCLUSION
The battle among humans and machines has existed since the dawn of time, and each
technological evolution brings with it benefits and drawbacks, be it in the form of new jobs
or the lack of privacy. According to John Horgan, a science journalist, “humans do not
know how a brain creates a conscious mind. Some of the complexity is technical: a healthy
adult brain has a100 billion neurons and quadrillions of connections between neurons--not
to mention the fact that some of these synaptic connections may weaken or be dissolved,
and new ones may be formed. 218We can't possibly conclude that having machine
intelligence will be beneficial to society. Artificial Intelligence may increase the economic
growth rate, but it will affect the productivity of staff members.
Without a hesitation, the world today is a globe of dreams, in which we can use technology
in any way we would like. We have the ability to communicate with anyone, everywhere on
the planet, at any time. What we should remember is how we arrived at this era and who
brought us here. Artificial Intelligence was created by human intelligence, and therefore we
must not allow it to overwhelm human intellect. The battle between man and machine has
existed since the dawn of time, and each technological advance brings with it benefits and
drawbacks, whether in the form of new jobs or the lack of privacy.
Through use of Ai technologies in daily tasks may cause humans to become lazy. "If the
computer can do it, why should I waste my time trying to do it myself?" might be the mind-
set. Humans have a remarkable ability to think, analyse, and make decisions. If artificial
intelligence is used to interpret, the human mind and its capabilities may be rendered
216
Hildebrandt, M. and Gutwirth, S., (2008) Profiling the European Citizen. Springer: Netherlands.
217
Greene, D., Hoffman, A.L and Stark, L., ‘Better, Nicer, Clearer and Fairer: A Critical Assessment of the
Movement for Ethical Artificial Intelligence and Machine Learning’ (2019) Hawaii International Conference on
System Sciences, DOI: 10.24251/HICSS.2019.258. Available at
http://dmgreene.net/wpcontent/uploads/2018/09/Greene-Hoffman-Stark-Better-Nicer-Clearer-Fairer-HICSS-
FinalSubmission.pdf accessed on 12th June 2021.
218
EBESCO Information System, Intelligent machines Vs Human Intelligence, Points of View Reference
Center 5 Great Neck Publishing, available at https://www.ebsco.com/apps/landing-
page/assets/POVRC_Intelligent_Machines_vs_Human_Intelligence.pdf, accessed on 17th June 2020.
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useless. Some other issue that could cause friction is the need to reform the law system. If
machine learning turns out to be as planned, a thinking human-like robot with thoughts and
feelings, then legislation governing robots' position in society will need to be changed.
After examining the differences among AI as well as human intelligence, we can conclude
that while both have their place in the world, we cannot overlook the fact that AI is our
prospect. What can be avoided is allowing them to take over our economy and society.
Human rights are put in jeopardy by artificial intelligence. Human rights are based on the
sanctity of human life, with the underlying assumption that humans outnumber other forms
of life that require fewer safeguards. “These basic assumptions are called into question by
the impending arrival of entities that aren't alive in the traditional sense but are sentient,
intelligent, and possibly morally righteous to humans. To be certain that, this situation may
not ever come true, and it is in any case located in a part of the future that is beyond our
current comprehension. It is critical to get this issue on the table, as technological threats to
certain other forms of human rights already are present.”
According to the UN Human Rights Chief Michelle Bachelet “The higher the risk to human
rights, the stricter the legal requirements for using AI technology should be, and AI
applications that do not comply with international human rights law should be banned,
according to the report.”219
219
UN calls for urgent action over artificial intelligence risk to human rights, wants new rules framed, available
at https://www.indiatoday.in/technology/news/story/un-calls-for-urgent-action-over-artificial-intelligence-risk-
to-human-rights-wants-new-rules-framed-1853468-2021-09-16, accessed on 16th September,2021.
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