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2 Delphi 155 (2019)
The Central Role of States for Building a Balanced AI Governance

handle is hein.journals/delphi2 and id is 188 raw text is: Editorial | 155 Editorial: The Central Role of States for Building a Balanced Al Governance The disruptive nature of artificial intelligence transforms almost all human activities and requires a cohesive and sustainable A governance framework on a global scale. This framework should aim at managing both the opportunities and the risks derived from this technology in a proportionate manner. The digital economy has increased the need for a trusted ecosystem, including reinforced regulations and additional con- straints for all actors dealing with artificial intelligence at whatever part of the value chain. As a result, public actors have initiated a process that promotes a balanced ap- proach beneficial for all innovation, society and individuals. It is part of a concerted international framework at EU, OECD and G20 level and also includes isolated projects like the 'Model A Governance framework' from Singapore. The goodwill of States is key in ensuring an effective governance of artificial intelli- gence. The peer review mechanism or reviews by independent experts can play a cen- tral role in the effective implementation of these frameworks. Depending on how A will be used, it can indeed either contribute to achieving the UN's Sustainable Devel- opment Goals (SDGs) or lead to negative societal externalities like harm to citizens, misuse of data, the manipulation of people (deep fake misuse) or mass surveillance. Within the framework of their sovereignty of positive responsibility and protection, States are responsible for the implementation of these non-binding principles orguide- lines on artificial intelligence at a national level. A governance safeguards users' in- terest of digital services and products, as well as citizens' interests in public spaces. One of the most recent examples is the EU project to ban facial recognition technolo- gies for up to 3 to 5 years, following the Clearview scandal. This ban is founded on the General Data Protection Regulation and the right 'not to be subject of a decision based solely on automated processing, including profiling, which produces legal ef- fects'. While the constraint on States to implement the Al principles and guidelines as co- ordinated at the international level has not changed in nature, this pressure - mainly political - seems to have increased, as is the case in non-cooperative territories in tax matters. Al Governance Should Consider the Long Term Perspectives In the wrestling match between excess of individual freedom and the 'common good', the question as to what constitutes 'meaningful governance' is a pertinent one. The A Transparency Institute holds the opinion that meaningful governance via a binding, di- rectly enforceable regulation is necessary to ensure the safety of AL. It should be pro- portionate, based on a risk-based approach and respect democratic values and prin- DOI:10.21552/delphi/2019/4/3 Delphi 4|2019

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