How Europe’s AI convention balances innovation and human rights

Sub: Science and tech

Sec: Awareness in AI and computer

Context:

The Council of Europe (COE) took a big step by adopting the Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law i.e. the ‘AI convention’ on May 17.

Definition of AI:

The definition of AI is similar to the one in the EU AI Act, which is based on the OECD’s definition of AI ie An AI system is a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.

What is Europe’s AI convention?

The agreement is a comprehensive convention covering AI governance and links to human rights, democracy, and the responsible use of AI.
The framework convention will be opened for signature in Vilnius, in Lithuania.
The Convention aims to create a balanced framework that encourages technological advancement while safeguarding fundamental freedoms and democratic values.
By establishing clear guidelines, it seeks to prevent AI from undermining democratic institutions.
The COE is an intergovernmental organization formed in 1949, with 46 members today, including the Holy See, Japan, and the U.S., plus countries of the EU bloc and others.

What is a framework convention?

A ‘framework convention’ is a legally binding treaty that specifies the broader commitments and objectives under the Convention, and sets mechanisms to achieve them.
Those agreements that are negotiated under the framework convention will be called protocols.
The framework convention approach is useful because it allows flexibility even as it encodes the core principles and processes by which the objectives are to be realized.
The AI convention can catalyze the negotiation of similar conventions at the regional level in other places.
As the U.S. is also a member of the COE, the convention can indirectly affect AI governance in the U.S. as well, which matters because the country is currently a hotbed of AI innovation.

Scope of the convention:

Article 1 of the convention states that the provisions of this Convention aim to ensure that activities within the lifecycle of artificial intelligence systems are fully consistent with human rights, democracy and the rule of law.
Article 3 states that the scope of this Convention covers the activities within the lifecycle of artificial intelligence systems that have the potential to interfere with human rights, democracy, and the rule of law as follows:
- Each Party shall apply this Convention to the activities within the lifecycle of artificial intelligence systems undertaken by public authorities or private actors acting on their behalf.
- Each Party shall address risks and impacts arising from activities within the lifecycle of artificial intelligence systems by private actors to the extent not covered in subparagraph a, in a manner conforming with the object and purpose of this Convention.

AI convention and National Security:

Article 3(b) allows Parties the flexibility in this matter but without allowing them to completely exempt the private sector.
The exemptions in Articles 3.2, 3.3, and 3.4 are broad and pertain to the protection of national security interests, research, development and testing, and national defense, respectively.
The ‘General Obligations’ in the convention pertain to the protection of human rights (Article 4), the integrity of democratic processes, and respect for the rule of law (Article 5).
While disinformation and deep fakes haven’t been addressed specifically, Parties to the convention are expected to take steps against them under Article 5.
The convention also indicates (in Article 22) that Parties can go beyond the commitments and obligations specified.

Need the AI convention:

The convention takes a comprehensive approach to mitigating risks from the application and use of AI systems for human rights, democracy, and the rule of law.

About Council of Europe(COE):

The Council of Europe is an international organization with the goal of upholding human rights, democracy and the rule of law in Europe.
Founded in 1949, it brings together 46 member states with a population of approximately 675 million as of 2023.
It operates with an annual budget of approximately 500 million euros.
The organization is distinct from the European Union (EU), although people sometimes confuse the two organizations – partly because the EU has adopted the original European flag, designed for the Council of Europe in 1955, as well as the European anthem.
No country has ever joined the EU without first belonging to the Council of Europe.
The Council of Europe is an official United Nations Observer.