• Home
  • About RSIS
    • Introduction
    • Building the Foundations
    • Welcome Message
    • Board of Governors
    • Staff Profiles
      • Executive Deputy Chairman’s Office
      • Dean’s Office
      • Management
      • Distinguished Fellows
      • Faculty and Research
      • Associate Research Fellows, Senior Analysts and Research Analysts
      • Visiting Fellows
      • Adjunct Fellows
      • Administrative Staff
    • Honours and Awards for RSIS Staff and Students
    • RSIS Endowment Fund
    • Endowed Professorships
    • Career Opportunities
    • Getting to RSIS
  • Research
    • Research Centres
      • Centre for Multilateralism Studies (CMS)
      • Centre for Non-Traditional Security Studies (NTS Centre)
      • Centre of Excellence for National Security (CENS)
      • Institute of Defence and Strategic Studies (IDSS)
      • International Centre for Political Violence and Terrorism Research (ICPVTR)
    • Research Programmes
      • National Security Studies Programme (NSSP)
      • Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
    • Future Issues and Technology Cluster
    • [email protected] Newsletter
    • Other Research
      • Science and Technology Studies Programme (STSP) (2017-2020)
  • Graduate Education
    • Graduate Programmes Office
    • Overview
    • MSc (Asian Studies)
    • MSc (International Political Economy)
    • MSc (International Relations)
    • MSc (Strategic Studies)
    • NTU-Warwick Double Masters Programme
    • PhD Programme
    • Exchange Partners and Programmes
    • How to Apply
    • Financial Assistance
    • Meet the Admissions Team: Information Sessions and other events
    • RSIS Alumni
  • Alumni & Networks
    • Alumni
    • Asia-Pacific Programme for Senior Military Officers (APPSMO)
    • Asia-Pacific Programme for Senior National Security Officers (APPSNO)
    • SRP Executive Programme
    • Terrorism Analyst Training Course (TATC)
  • Publications
    • RSIS Publications
      • Annual Reviews
      • Books
      • Bulletins and Newsletters
      • Commentaries
      • Counter Terrorist Trends and Analyses
      • Commemorative / Event Reports
      • IDSS Paper
      • Interreligious Relations
      • Monographs
      • NTS Insight
      • Policy Reports
      • Working Papers
      • RSIS Publications for the Year
    • Glossary of Abbreviations
    • External Publications
      • Authored Books
      • Journal Articles
      • Edited Books
      • Chapters in Edited Books
      • Policy Reports
      • Working Papers
      • Op-Eds
      • External Publications for the Year
    • Policy-relevant Articles Given RSIS Award
  • Media
    • Great Powers
    • Sustainable Security
    • Other Resource Pages
    • Media Highlights
    • News Releases
    • Speeches
    • Vidcast Channel
    • Audio/Video Forums
  • Events
  • Giving
  • Contact Us
Facebook
Twitter
YouTube
RSISVideoCast RSISVideoCast rsis.sg
Linkedin
instagram instagram rsis.sg
RSS
  • Home
  • About RSIS
      • Introduction
      • Building the Foundations
      • Welcome Message
      • Board of Governors
      • Staff Profiles
        • Executive Deputy Chairman’s Office
        • Dean’s Office
        • Management
        • Distinguished Fellows
        • Faculty and Research
        • Associate Research Fellows, Senior Analysts and Research Analysts
        • Visiting Fellows
        • Adjunct Fellows
        • Administrative Staff
      • Honours and Awards for RSIS Staff and Students
      • RSIS Endowment Fund
      • Endowed Professorships
      • Career Opportunities
      • Getting to RSIS
  • Research
      • Research Centres
        • Centre for Multilateralism Studies (CMS)
        • Centre for Non-Traditional Security Studies (NTS Centre)
        • Centre of Excellence for National Security (CENS)
        • Institute of Defence and Strategic Studies (IDSS)
        • International Centre for Political Violence and Terrorism Research (ICPVTR)
      • Research Programmes
        • National Security Studies Programme (NSSP)
        • Studies in Inter-Religious Relations in Plural Societies (SRP) Programme
      • Future Issues and Technology Cluster
      • [email protected] Newsletter
      • Other Research
        • Science and Technology Studies Programme (STSP) (2017-2020)
  • Graduate Education
      • Graduate Programmes Office
      • Overview
      • MSc (Asian Studies)
      • MSc (International Political Economy)
      • MSc (International Relations)
      • MSc (Strategic Studies)
      • NTU-Warwick Double Masters Programme
      • PhD Programme
      • Exchange Partners and Programmes
      • How to Apply
      • Financial Assistance
      • Meet the Admissions Team: Information Sessions and other events
      • RSIS Alumni
  • Alumni & Networks
      • Alumni
      • Asia-Pacific Programme for Senior Military Officers (APPSMO)
      • Asia-Pacific Programme for Senior National Security Officers (APPSNO)
      • SRP Executive Programme
      • Terrorism Analyst Training Course (TATC)
  • Publications
      • RSIS Publications
        • Annual Reviews
        • Books
        • Bulletins and Newsletters
        • Commentaries
        • Counter Terrorist Trends and Analyses
        • Commemorative / Event Reports
        • IDSS Paper
        • Interreligious Relations
        • Monographs
        • NTS Insight
        • Policy Reports
        • Working Papers
        • RSIS Publications for the Year
      • Glossary of Abbreviations
      • External Publications
        • Authored Books
        • Journal Articles
        • Edited Books
        • Chapters in Edited Books
        • Policy Reports
        • Working Papers
        • Op-Eds
        • External Publications for the Year
      • Policy-relevant Articles Given RSIS Award
  • Media
      • Great Powers
      • Sustainable Security
      • Other Resource Pages
      • Media Highlights
      • News Releases
      • Speeches
      • Vidcast Channel
      • Audio/Video Forums
  • Events
  • Giving
  • Contact Us
  • instagram instagram rsis.sg
Connect

Getting to RSIS

Map

Address

Nanyang Technological University
Block S4, Level B3,
50 Nanyang Avenue,
Singapore 639798

View location on Google maps Click here for directions to RSIS

Get in Touch

    Connect with Us

      rsis.ntu
      rsis_ntu
      rsisntu
    RSISVideoCast RSISVideoCast rsisvideocast
      school/rsis-ntu
    instagram instagram rsis.sg
      RSS
    Subscribe to RSIS Publications
    Subscribe to RSIS Events

    RSIS Intranet

    S. Rajaratnam School of International Studies Think Tank and Graduate School Ponder The Improbable Since 1966
    Nanyang Technological University Nanyang Technological University

    Skip to content

     
    • RSIS
    • Publication
    • RSIS Publications
    • Regulating Artificial Intelligence: An Ethical Approach
    • Annual Reviews
    • Books
    • Bulletins and Newsletters
    • Commentaries
    • Counter Terrorist Trends and Analyses
    • Commemorative / Event Reports
    • IDSS Paper
    • Interreligious Relations
    • Monographs
    • NTS Insight
    • Policy Reports
    • Working Papers
    • RSIS Publications for the Year

    CO18198 | Regulating Artificial Intelligence: An Ethical Approach
    Teo Yi-Ling

    27 November 2018

    download pdf
    RSIS Commentary is a platform to provide timely and, where appropriate, policy-relevant commentary and analysis of topical and contemporary issues. The authors’ views are their own and do not represent the official position of the S. Rajaratnam School of International Studies (RSIS), NTU. These commentaries may be reproduced with prior permission from RSIS and due credit to the author(s) and RSIS. Please email to Editor RSIS Commentary at [email protected].

    Synopsis

    As the use of artificial intelligence (AI) becomes more pervasive in everyday life, questions are being asked about where the legal and ethical bright lines are – or should be – in regulating its use.

    Commentary

    ARTIFICIAL INTELLIGENCE or AI has been developing incrementally for the last six decades, but is currently in an explosive period of growth. Key force multipliers have been the proliferation of big data, increasingly powerful computing capabilities, and complex developments in algorithms. AI is now the main differential in the transport, manufacturing, retail, and healthcare industries, deployed in automating jobs that are by nature repetitive and prone to risk.

    AI applications for processes relating to asset and risk management, fraud detection, compliance, due diligence, document review, and research are being increasingly deployed in the finance and legal services industries. The United States and Israeli militaries are also investing heavily in the creation of autonomous weapon systems. Such disruption by AI in these contexts is largely justified on the bases of consistency, risk mitigation, and increased efficiencies.

    Narrow vs General AI

    For clarity, it is useful to distinguish between “narrow” AI (function-specific applications like automated systems and image recognition) and “general” AI (applications that appear to demonstrate sentient behaviour). With “general” AI, a key concern is the apparent surrender of human autonomy to algorithmic functioning.

    The question here is where accountability would then lie in situations where AI makes decisions that are opaque to human scrutiny, contrary to human welfare. Fully autonomous weapon systems are an example – these seek out targets, decide on engagement, and carry out that decision, without human intervention.

    Opponents of such systems argue for a ban on these, on the bases of unpredictability, susceptibility to algorithmic bias, and ability to cause unintended harm.

    This debate cannot only happen within stakeholder silos, as this would be inefficient and inherently biased. It needs to take place among government authorities, civil society organisations, universities, and industry bodies.

    As we look to the potential benefits that AI is intended to deliver − sustainable economic growth; smarter living; new job opportunities, a more connected society; security; increased national resilience – a collective debate is critical to ensure that the most ethically appropriate decisions are made towards achieving these goals.

    Rationalisation and Regulation

    The use of AI has accelerated ahead of our ability to reckon with the ethical and legal issues it is raising. Calls for regulation are being heard worldwide, and in this respect, governments appear to be treading carefully. The challenge is calibrating the balance between encouraging and chilling AI innovation. In rationalising the existence of AI in our lives, the notion primum non nocere – “first, do no harm”, is helpful. This can be unpacked as follows:

    Firstly, AI’s development must be guided by human welfare. Justice, equality, safety, accountability, respect for privacy, and transparency are some values it must reflect. Secondly, it must enhance our human existence by serving our needs complementarily. Notwithstanding the efficiencies that AI contributes, humans still master the emotional, creative and intellectual domains.

    Thirdly, AI’s range and depth of perception, and ability for subjective nuance must become sympathetic with ours, for it to be appropriately and sensitively harnessed in certain contexts that have the potential for harm. Examples are image recognition, the administration of criminal justice, and military targeting.

    Ethical Decision-Making, Then Law

    The call for a unique set of laws to establish regulatory bright lines has been heard for some time, as current legal frameworks are deemed insufficient to accommodate the existence of AI and its potential consequences. In this respect, the European Commission spent over a year since January 2017 working on a framework of legislative and non-legislative measures, at the behest of the European Parliament.

    At the heart of the debate is the legal personality of AI. The law recognises the concept of the artificial legal person – incorporated entities granted a set of rights, powers and obligations for conducting a range of activities, separate from the natural legal persons operating them.

    With this arrangement, there are still the elements of control and accountability – human actors operating the artificial platform of the entity. This could be an analogue for the management and control of the development and manifestation of AI. However, given the manner in which legal systems are structured, the law is always caught on the back foot in providing answers for novel situations.

    When it comes to determining causation of harm and assessing liability, it is an exercise in shutting the stable door after the horse has bolted. Law and regulation may not be the best approaches to start with.

    Alternative Approach

    Ahead of constructing any legal framework, the following approach is posited as an alternative:

    – Deeply engage with the contextual scenarios presented by the current landscape of AI development and deployment: where the innovation is happening; where the disruptions are taking place and the attendant net effects; who the main actors are.

    – Debatethe values that we place on AI innovation and its goals in and of themselves, in contrast to how such innovation benefits humankind: its strengths, weaknesses, the opportunities it provides, and the threats it presents.

    – Clarify the philosophical basis (or bases) that justifies and drives our conclusions on either side of the argument: do we call on utilitarianism, adopt an attitude of moderation and temperance, act only with the welfare of humans in mind, employ a rationally egalitarian approach, or be persuaded by absolute virtue?

    – Clarify where the competing loyalties to the stakeholders in these contexts lie, and subsequently prioritising them.

    The above model for discussion and eventual decision-making is the Potter Box model, originally developed by Ralph B. Potter, Jr., professor of social ethics emeritus at Harvard Divinity School. He designed it as a systematic discipline for the purpose of resolving ethical dilemmas.

    The genius of the model is its applicability to almost any dilemma requiring ethical decision-making. Whatever decision emerges at the end is a result of the decision-makers’ fully-considered rationalisation.

    About the Author

    Teo Yi-Ling is a Senior Fellow with the Centre of Excellence for National Security (CENS), S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University.

    Categories: Commentaries / Country and Region Studies / Cybersecurity, Biosecurity and Nuclear Safety / Non-Traditional Security / East Asia and Asia Pacific / Global / South Asia / Southeast Asia and ASEAN

    Last updated on 27/11/2018

    comments powered by Disqus
    RSIS Commentary is a platform to provide timely and, where appropriate, policy-relevant commentary and analysis of topical and contemporary issues. The authors’ views are their own and do not represent the official position of the S. Rajaratnam School of International Studies (RSIS), NTU. These commentaries may be reproduced with prior permission from RSIS and due credit to the author(s) and RSIS. Please email to Editor RSIS Commentary at [email protected].

    Synopsis

    As the use of artificial intelligence (AI) becomes more pervasive in everyday life, questions are being asked about where the legal and ethical bright lines are – or should be – in regulating its use.

    Commentary

    ARTIFICIAL INTELLIGENCE or AI has been developing incrementally for the last six decades, but is currently in an explosive period of growth. Key force multipliers have been the proliferation of big data, increasingly powerful computing capabilities, and complex developments in algorithms. AI is now the main differential in the transport, manufacturing, retail, and healthcare industries, deployed in automating jobs that are by nature repetitive and prone to risk.

    AI applications for processes relating to asset and risk management, fraud detection, compliance, due diligence, document review, and research are being increasingly deployed in the finance and legal services industries. The United States and Israeli militaries are also investing heavily in the creation of autonomous weapon systems. Such disruption by AI in these contexts is largely justified on the bases of consistency, risk mitigation, and increased efficiencies.

    Narrow vs General AI

    For clarity, it is useful to distinguish between “narrow” AI (function-specific applications like automated systems and image recognition) and “general” AI (applications that appear to demonstrate sentient behaviour). With “general” AI, a key concern is the apparent surrender of human autonomy to algorithmic functioning.

    The question here is where accountability would then lie in situations where AI makes decisions that are opaque to human scrutiny, contrary to human welfare. Fully autonomous weapon systems are an example – these seek out targets, decide on engagement, and carry out that decision, without human intervention.

    Opponents of such systems argue for a ban on these, on the bases of unpredictability, susceptibility to algorithmic bias, and ability to cause unintended harm.

    This debate cannot only happen within stakeholder silos, as this would be inefficient and inherently biased. It needs to take place among government authorities, civil society organisations, universities, and industry bodies.

    As we look to the potential benefits that AI is intended to deliver − sustainable economic growth; smarter living; new job opportunities, a more connected society; security; increased national resilience – a collective debate is critical to ensure that the most ethically appropriate decisions are made towards achieving these goals.

    Rationalisation and Regulation

    The use of AI has accelerated ahead of our ability to reckon with the ethical and legal issues it is raising. Calls for regulation are being heard worldwide, and in this respect, governments appear to be treading carefully. The challenge is calibrating the balance between encouraging and chilling AI innovation. In rationalising the existence of AI in our lives, the notion primum non nocere – “first, do no harm”, is helpful. This can be unpacked as follows:

    Firstly, AI’s development must be guided by human welfare. Justice, equality, safety, accountability, respect for privacy, and transparency are some values it must reflect. Secondly, it must enhance our human existence by serving our needs complementarily. Notwithstanding the efficiencies that AI contributes, humans still master the emotional, creative and intellectual domains.

    Thirdly, AI’s range and depth of perception, and ability for subjective nuance must become sympathetic with ours, for it to be appropriately and sensitively harnessed in certain contexts that have the potential for harm. Examples are image recognition, the administration of criminal justice, and military targeting.

    Ethical Decision-Making, Then Law

    The call for a unique set of laws to establish regulatory bright lines has been heard for some time, as current legal frameworks are deemed insufficient to accommodate the existence of AI and its potential consequences. In this respect, the European Commission spent over a year since January 2017 working on a framework of legislative and non-legislative measures, at the behest of the European Parliament.

    At the heart of the debate is the legal personality of AI. The law recognises the concept of the artificial legal person – incorporated entities granted a set of rights, powers and obligations for conducting a range of activities, separate from the natural legal persons operating them.

    With this arrangement, there are still the elements of control and accountability – human actors operating the artificial platform of the entity. This could be an analogue for the management and control of the development and manifestation of AI. However, given the manner in which legal systems are structured, the law is always caught on the back foot in providing answers for novel situations.

    When it comes to determining causation of harm and assessing liability, it is an exercise in shutting the stable door after the horse has bolted. Law and regulation may not be the best approaches to start with.

    Alternative Approach

    Ahead of constructing any legal framework, the following approach is posited as an alternative:

    – Deeply engage with the contextual scenarios presented by the current landscape of AI development and deployment: where the innovation is happening; where the disruptions are taking place and the attendant net effects; who the main actors are.

    – Debatethe values that we place on AI innovation and its goals in and of themselves, in contrast to how such innovation benefits humankind: its strengths, weaknesses, the opportunities it provides, and the threats it presents.

    – Clarify the philosophical basis (or bases) that justifies and drives our conclusions on either side of the argument: do we call on utilitarianism, adopt an attitude of moderation and temperance, act only with the welfare of humans in mind, employ a rationally egalitarian approach, or be persuaded by absolute virtue?

    – Clarify where the competing loyalties to the stakeholders in these contexts lie, and subsequently prioritising them.

    The above model for discussion and eventual decision-making is the Potter Box model, originally developed by Ralph B. Potter, Jr., professor of social ethics emeritus at Harvard Divinity School. He designed it as a systematic discipline for the purpose of resolving ethical dilemmas.

    The genius of the model is its applicability to almost any dilemma requiring ethical decision-making. Whatever decision emerges at the end is a result of the decision-makers’ fully-considered rationalisation.

    About the Author

    Teo Yi-Ling is a Senior Fellow with the Centre of Excellence for National Security (CENS), S. Rajaratnam School of International Studies (RSIS), Nanyang Technological University.

    Categories: Commentaries / Country and Region Studies / Cybersecurity, Biosecurity and Nuclear Safety / Non-Traditional Security

    Last updated on 27/11/2018

    Back to top

    Terms of Use | Privacy Statement
    Copyright © S. Rajaratnam School of International Studies. All rights reserved.
    This site uses cookies to offer you a better browsing experience. By continuing, you are agreeing to the use of cookies on your device as described in our privacy policy. Learn more
    OK
    Latest Book
    Regulating Artificial Intelligence: An Ethical Approach

    Synopsis

    As the use of artificial intelligence (AI) becomes more pervasive in everyday life, questions are being asked about where the legal and ethical bri ...
    more info