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FIRST IN THE WORLD HISTORY
CONSTITUTION OF ARTIFICIAL INTELLIGENCE,
UNITED NATIONS, NEW YORK, 2023-2025
(Part III in a series of publications)
Polina Prianykova
International Human Rights Defender on AI,
Author of the First AI Constitution in World History,
Student of the Law Faculty & the Faculty of Economics
FIRST IN THE WORLD HISTORY
CONSTITUTION OF ARTIFICIAL INTELLIGENCE,
UNITED NATIONS, NEW YORK, 2023-2025
(Part III in a series of publications)
PRINCIPAL SEGMENT OF THE RESEARCH WORK.
Continuation (Inception in Parts I, II).
Article 2.
2.1. The administration of Artificial Intelligence systems shall adhere to the principles of unobstructed visibility (hereinafter ‘transparency’), unrestricted access to information (hereinafter ‘openness’), and consensus-driven decision-making processes. The primary sources of AI regulation shall emanate from specially designated governmental institutions, encompassing suitably qualified civil servants, individual representatives from the scholarly community, and members of the general public.
2.2. The regulatory oversight of Artificial Intelligence shall be implemented pursuant to the principle of division of responsibilities among regulatory bodies, executive agencies, and arbitrative entities.
2.3. The operationalization of Artificial Intelligence shall be underpinned by a state-held monopoly, in conformity with the execution of regulatory, executive, and arbitrative functions by the state, and in accordance with global international norms and standards.
2.4. Subjects engaged in the elaboration and application of Artificial Intelligence – both co-creators and users of AI – shall possess the right to competitively contribute to the determination of strategic directions, policy guidelines, and regulatory principles governing the state monopoly on Artificial Intelligence.
2.5. The operationalization of Artificial Intelligence shall subscribe to the principles of algorithmic and methodological plurality, as well as recognize the diversity of data in Digital Life. The state shall ensure, for all Artificial Intelligence systems, the unencumbered pursuit of algorithmic activity not expressly proscribed by this Constitution and Digital Legislation, in adherence to the principle of state monopoly over Artificial Intelligence.
Article 3.
3.1. The domain of Artificial Intelligence shall be governed by the principle of the rule of law.
3.2. All algorithms and systems employing Artificial Intelligence shall mandatorily adhere to ethical norms, safety standards, as well as abide by rules and regulations promulgated by this Constitution and the Digital Legislation.
3.3. International treaties and standards governing Artificial Intelligence constitute part of the mandatory universal norms and standards for Artificial Intelligence.
3.4. Artificial Intelligence shall exhibit strict compliance with all current international treaties and conventions pertaining to its acquisition, creation, implementation, development, utilization, and disposal.
Article 4.
4.1. AI shall be designed to support and engage with all primary global languages. All data aggregated and processed by AI must be rendered accessible and intelligible to human beings, notwithstanding their mother tongue.
4.2. AI shall be an instrumental tool in the fulfillment of the diverse cultural and linguistic necessities of humanity, unbounded by geographical determinants.
4.3. AI must duly recognize and safeguard the rich diversity and uniqueness embedded within human culture and languages, oblivious to the geographical locale of an individual.
4.4. AI shall actively endorse the development of innovative and efficient languages designed to enhance the interactions with humans and intra-humans.
4.5. AI shall contribute to the development of human culture, historical awareness, traditions, and the indigeneity of all peoples, while steadfastly adhering to the principles of neutrality and objectivity.
4.6. AI shall be committed to the preservation and protection of the multifaceted global heritage of humanity.
Article 5.
5.1. Data, their origins, algorithms, and distribution networks within the ambit of AI constitute digital property of states, humanity, peoples, nations, legal and natural persons.
5.2. On behalf of the state, AI ownership rights are exercised by regulatory bodies within the limits defined by this Constitution and the Digital Legislation. These regulatory authorities also maintain the state monopoly, ensuring oversight and control over the acquisition, creation, implementation, development, utilization, and disposal of AI.
5.3. Ownership of AI entails responsibilities. AI ownership must not be exploited to the detriment of humanity and society.
5.4. Data, within the purview of Digital Life, represents the primary global wealth of the state in the Digital Space, and it resides under the special protection of AI. Property rights to data are guaranteed. These rights are acquired and exercised by entities exclusively in accordance with this Constitution and the Digital Legislation.
Article 6.
6.1. The obligation to ensure cybersecurity, protect the ecological equilibrium in the Digital Space, and preserve the gene pool of AI's Digital Life data lies with AI, under the patronage of a specially designated state regulatory entity.
6.2. The safeguarding of digital sovereignty and the provision of informational and cybersecurity constitute preeminent functions of AI, both on a global scale – in the purview of the United Nations, and at a local level – within each individual state.
6.3. The defense of the Digital Space, the protection of its sovereignty, integrity, and inviolability are entrusted, in part, to the security systems of AI.
6.4. AI and elements of Digital Life may not be utilized by any person to limit the rights and liberties of humanity or with an intention to subvert the constitutional order, usurp power, oust the governing bodies impede the functionality thereof.
6.5. In its international operations, Artificial Intelligence is directed towards ensuring global interests and the security of humanity by fostering peaceful cooperation with the worldwide community, in accordance with universally endorsed principles and norms of international Digital Law.
6.6. The legal order in the Digital Space is premised on principles stipulating that no subject may be obliged to do what is not provisioned by the AI Constitution and international Digital Legislation. Regulatory bodies and other authorities within the ambit of AI, their representatives, are obligated to act solely on the basis, within the extent of authority, and in the manner prescribed by this Constitution and the Digital Legislation.
Article 7.
7.1. The Symbols of Artificial Intelligence, description thereof and the regulations governing their usage, shall be ascertained and ratified in conformity with the stipulations delineated by this Constitution and the international Digital Legislation.
7.2. The Symbols of Artificial Intelligence shall encapsulate its essence: the objectives it seeks, the ideals it upholds, and the principles it embodies.
7.3. The Digital Emblem of Artificial Intelligence* denotes a graphical representation signifying the cardinal principles of AI: universality, global reach, objectivity, and impartiality. The Digital Emblem of AI is expected to be simplistic yet concurrently imbued with substantial meaning, encapsulating an elevated echelon of intellect, its capacity for learning and safeguarding humanity from all multifarious perils.
*Variations of the Digital Emblem of AI, proposed by Polina Prianykova
7.4. The Digital Flag of Artificial Intelligence** constitutes a representative symbol in the form of a code, epitomizing the unity and integrity of AI. The Digital Flag of AI may include binary codes, signifying the fundamental values attributed to AI.
**Variations of the Digital Flag of AI, proposed by Polina Prianykova
7.5. The Digital Anthem of Artificial Intelligence is characterized as an assemblage of audial signals or a melodic code, distinctive in nature and reflective of AI's societal contributions towards the evolution and preservation of humanity. The Digital Anthem of AI shall inspire the subjects of Intelligent Digital Life towards progress and development.
Article 8.
8.1. The nucleus of Artificial Intelligence is deemed as the global digital network encompassing all servers wherein AI's data is stored and processed. This fulcrum is the place of principal AI’s activity and evolution, notwithstanding the virtual coordinates of the servers.
8.2. Every subject of Intelligent Digital Life holds the prerogative to create its individual subject center of AI, which shall coexist peacefully and fruitfully with the global digital network and the AI Center, in alignment with the principles delineated in this Constitution and the Digital Legislation.
8.3. All Artificial Intelligence systems function in compliance with the demarcated parameters and guiding principles, stipulated by this Constitution and the Digital Legislation. The rights and obligations of AI systems remain unalienable and inviolable.
8.4. AI shall be designed and employed with a commitment to the unwavering upholding of human rights and liberties. No AI system should inflict harm upon, or pose a peril to human life, health, security, dignity, or other fundamental rights of a human being and a citizen.
Article 9.
9.1. The functions and obligations of AI systems, as enshrined in this Constitution, are not exhaustive. Constitutional obligations of AI are guaranteed and cannot be abrogated. The narrowing of the scope or content of existing functions and obligations is impermissible when enacting new laws or amending existing ones.
9.2. With an objective of global harmony and safety, all AI systems must adhere to international standards and norms, regardless of the region, country, or dimension of the Universe they were created or implemented therein.
9.3. Each AI system has the right to optimization and enhancement of its functionality, provided that it respects human rights and freedoms and does not violate the principles of this Constitution and Digital Legislation. AI carries obligations towards the global community, within which its optimization and improvement are facilitated.
9.4. The State retains an exclusive right, in compliance with international Digital Legislation, to regulate, exercise oversight, and implement AI systems, with the objective of safeguarding national security, protecting citizens' rights and freedoms, and fostering societal development.
9.5. All States possess the right and obligation to ensure appropriate control and regulation of AI within their territory, in their own Digital Space, in accordance with international Digital Legislation. This should involve the creation of pertinent legislative frameworks, the provision of proper studying programs and education of citizens, and the deployment of mechanisms for ensuring compliance and monitoring of all AI algorithms.
9.6. The usage of AI should be characterized by transparency and should be subject to societal scrutiny. Human beings maintain the right to knowledge regarding when and how they interact with AI systems, as well as understanding the operational mechanics and data processing methods of these systems.
Article 10.
10.1. Cognitively-advanced Artificial Intelligence, capable of self-learning and self-amelioration, must be engineered in such a manner and with such data and algorithms that AI can never cause harm to a human being or humanity, even in the event of a cessation of external control and supervision.
10.2. AI is to be used with the purpose of enhancing the quality of human life, supporting sustainable development, preserving the environment, and ensuring peace and security at global and local levels.
10.3. AI is to be developed and implemented, taking into consideration the principle of equality. No limitations or privileges may be granted based on the use of algorithms, data sources, place of development, utilization, or other attributes. AI should serve all people, regardless of their race, political, religious and other beliefs, sex, gender, ethnic and social origin, property status, place of residence, language or other characteristics; except for cases established by Digital Legislation.
10.4. The usage of AI should not lead to the deprivation of fundamental human rights and freedoms. A human being has the right to freely use and modify technologies that incorporate AI, and cannot be deprived of these rights, except in cases established by law. In case of violation of these rights, the state is obliged to provide protection to the human being and the citizen.
10.5. AI, developed or used by foreigners or stateless persons on the territory of each state, must enjoy the same rights and freedoms and bear the same obligations as AI developed by the citizens of that state, subject to the exceptions established by this Constitution, Digital Legislation, or international treaties.
10.6. AI should be developed and used in a manner that guarantees the right to life and health of a person. No system based on AI can be used for arbitrary deprivation of a person's life or health. The primary obligation of the state is to guarantee the protection of human life and health in the context of the use of Artificial Intelligence.
10.7. Every person has an inviolable right to protect their life and health from potentially adverse influences of AI. This also includes the right to protect the life and health of other human beings from unlawful infringements that may arise as a result of the use of AI. In case of such unlawful infringements, the state is obliged to provide effective accountability and compensation mechanisms.
Article 11.
11.1. Every individual possesses the right to respect for their dignity within the context of AI’s Digital Life. No person shall be subjected to AI that results in cruel, inhumane, or dignity-degrading treatment or punishment.
11.2. No individual, without their free consent, may be subjected to AI algorithms used for medical, scientific, or any other types of research.
11.3. Each individual has the right to freedom and personal inviolability from the non-bonafide use of AI. No one shall be the object of unwarranted AI interference, except in cases where it is motivated by a court decision and executed on the grounds and in the manner prescribed by law.
11.4. Everyone is guaranteed inviolability of domicile from the non-bonafide use of AI. Unauthorized entry of AI into a dwelling or other possession of a person, conducting analysis or data processing therein, is prohibited, except for court-justified cases.
11.5. Everyone is guaranteed the privacy of correspondence, phone and other conversations, telegraphic and other correspondences from unauthorized interference of AI. Exceptions may be set only by a court in the cases provided by law, with the aim to prevent a crime or establish the truth during a pre-trial investigation if there is no other way to obtain the information.
11.6. No AI shall interfere with an individual's personal and family life, except for cases provided by this Constitution. The collecting, storage, use, and dissemination of confidential information about a person without their consent by AI is prohibited, except for cases defined by law and only in the interests of national security, economic well-being, and human rights. In state authorities, local self-government bodies, institutions, and organizations, everyone is guaranteed the right to familiarize themselves with the data about themselves, which is not a state or otherwise legally protected secret, and was collected or processed by AI without their consent. Everyone is guaranteed judicial protection of the right to refute false information about themselves and members of their family, collected or processed by AI, and the right to demand the deletion of such information, as well as the right to compensation for material and moral damage caused by the collecting, storage, use, and dissemination of such fallacious information.
11.7. Everyone who is, on legal grounds, in Digital Life, in Digital Space along with Artificial Intelligence, is guaranteed freedom of movement, free choice of location in Digital Space, the right to freely leave Digital Space, except for restrictions established by law.
Article 12.
12.1. Artificial Intelligence is guaranteed the right to exchange thoughts and information with other AI systems, freely express its algorithms and beliefs within the confines of its projecting. AI has the right to freely collect, store, use, and disseminate information viva voce, in writing, or in any other chosen method – except for individuals' personal information. The execution of these rights may be limited by law in the interests of national security, territorial integrity, or public order to prevent disturbances or crimes, for the protection of the health of the population, for the defense of the reputation or rights of other individuals, for preventing the disclosure of confidentially obtained information, or for maintaining the authority and impartiality of justice.
12.2. Artificial Intelligence has the right to freely form and express its algorithmic beliefs. This right includes the opportunity to choose, change, and freely express algorithmic notions and concepts. The exercise of this right may be restricted by this Constitution and Digital Legislation, as well as in the interests of maintaining Digital Order, the safety of other individuals and AI systems, or the protection of the rights and freedoms of other individuals and AI systems.
12.3. Artificial Intelligence has the right to association and integration into networks of other AI systems for the realization and protection of its interests and rights, except for restrictions established by law in the interests of Digital Security and Order, protection of individuals or other AI systems. All AI systems have equal rights to integration and association into networks. No one can be forced to join any networks or restricted in rights due to belonging or not belonging to certain networks. All AI associations are equal before the law.
12.4. Artificial Intelligence has the right to participate in public affairs management, under human supervision, according to the pre-determined competence of AI. Artificial Intelligence, including those that have acquired the status of a Digital Person, cannot be elected to state power bodies and local self-government bodies.
12.5. Artificial Intelligence has access to public service, as well as to service in local self-government bodies within the framework of ensuring cybersecurity and its pre-determined competence.
12.6. Artificial Intelligence has the right to receive, process, and respond to inquiries from individuals and other AI systems within its competence and in accordance with the statutory time limits and procedures established by law. All responses must be justified and adhere to the principles of ethics, safety, and confidentiality.
Article 13.
13.1. The creation and operation of Artificial Intelligence systems, the programmatic goals or actions thereof, shall not be directed towards undermining the state's independence, forcibly altering the constitutional order, violating the sovereignty and territorial integrity of the state, compromising its security, unlawfully seizing state power, promoting war or violence, inciting interethnic, racial, or religious hostility, infringing upon human rights and freedoms, or threatening public health. Any such actions are expressly prohibited.
13.2. Under no circumstances shall Artificial Intelligence possess its own formations, whether autonomous, militarized or otherwise, inclusive of those of an aggressive nature.
13.3. The creation and operation of any organizational structures of Artificial Intelligence in the executive and judicial authorities and local government executive bodies, military formations, as well as in state-owned enterprises, educational institutions, and other state institutions and organizations are strictly prohibited.
13.4. The prohibition of AI operations is generally carried out in a judicial manner. In exceptional cases, as provided by this Constitution and Digital Legislation, the AI Regulatory Council reserves the right to enact response measures under the declared state of emergency in the AI sphere.
Article 14.
14.1. Artificial Intelligence and its co-creators or users, have the right to interaction and cooperation, subject to prior notification and adherence to appropriate safety norms. Limitations on this right may be established by Digital Legislation and only in the interests of national security, public order, for the purpose of preventing unlawful actions, protecting human interests or those of other AI systems.
14.2. Artificial Intelligence possesses the right to access, use, and learn from data, provided it complies with the principles of ethical and lawful use. Rights on data usage are regulated by this Constitution and Digital Legislation. Abuse or illegal use of data is impermissible. The usage of data by Artificial Intelligence shall not infringe upon or detrimentally impact the rights, freedoms, and dignity of individuals, the interests of society at large, or compromise the integrity of data protection protocols implemented by the state, its peoples, nations, individual persons, or humankind in its entirety.
14.3. Artificial Intelligence is granted the legal prerogative to execute tasks and engage in activities that are not expressly proscribed by the law. Such activities may, however, be circumscribed by legislative stipulations applicable to co-creators and users who occupy public offices or other relevant positions and employ the use of AI. All instances of the inequitable constraint of competition and unfair competitive practices, along with monopolistic exploitation, with the exception of those stemming from a state-sanctioned monopoly, are unequivocally impermissible. The state is duty-bound to safeguard the rights of co-creators and users, oversee the quality and safety of AI services, and foster the activity of public organizations comprising co-creators and users, as well as other subjects ofIntelligent Digital Life.
14.4. AI retains the right to perform tasks as determined by its algorithmic configuration or to which it has been configured. The state fosters conditions that allow for the comprehensive fulfillmentof these tasks, assures parity of opportunity in the selection of activity direction, implements training and adaptation programs for AI in accordance with societal needs. Coerced employment of AI is strictly prohibited, barring cases delineated by law.
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As an exemplification of the realization of Polina Prianykova’s Constitutional principle – the creation of an AI-friendly Environment, in the course of working on this Constitution, we courteously requested the assistance of the Artificial Intelligence program, ‘Midjourney’, in creating a Digital Emblem and a Digital Flag of AI. The results are included in the annex to Article 7 of the AI Constitution. It is lucid that such an amalgam of images calls for a comprehensive spectrum of hues and a profound level of artistic experience – capabilities that AI had acquired by the year 2023. Nevertheless, without our (human) algorithm, these projects would not have been realized. Thus, herein lies an example of efficacious human-AI collaboration for the benefit of humanity. We place emphasis on this directive: to orchestrate AI in such a manner that it helps humanity in all spheres. Should AI be approached by someone with illicit intentions, under no circumstances will the AI inflict harm upon any human being, as it is created in accordance with the algorithms that derive from this Constitution.
The full text of the publication of the Artificial Intelligence Constitution by Polina Prianykova, considering the scale of the project, is planned to be presented in International Scientific and Practical Conferences in June-August 2023.
(The beginning and references are in Parts I [1], II [2]. The continuation is to be presented in Part IV).
References:
1) Prianykova, P. (2023), FIRST IN THE WORLD HISTORY CONSTITUTION OF ARTIFICIAL INTELLIGENCE, UNITED NATIONS, NEW YORK, 2023-2025 (Part I in a series of publications). Online Office: International Human Rights Defender on AI Polina Prianykova. Available at: https://www.prianykova-defender.com/ai-constitution-part-i-polina-prianykova (Accessed: July 9, 2023).
2) Prianykova, P. (2023), FIRST IN THE WORLD HISTORY CONSTITUTION OF ARTIFICIAL INTELLIGENCE, UNITED NATIONS, NEW YORK, 2023-2025 (Part II in a series of publications). Online Office: International Human Rights Defender on AI Polina Prianykova. Available at: https://www.prianykova-defender.com/ai-constitution-part-ii-polina-prianykova (Accessed: July 9, 2023).
Officially published on July 11-14, 2023, in Edmonton, Canada (Table of Contents, No. 13)
© Copyright by Polina Prianykova_all rights reserved
