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FIRST IN THE WORLD HISTORY
CONSTITUTION OF ARTIFICIAL INTELLIGENCE,
UNITED NATIONS, NEW YORK, 2023-2025
(Part V in a series of publications)

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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 V in a series of publications)

 

PRINCIPAL SEGMENT OF THE RESEARCH WORK.

Final installment (Inception in Parts I, II, III & IV).

 

Article 28.

28.1. The exercise of judicial functions within the domain of Artificial Intelligence is vested in courts of general jurisdiction, pursuant to the established procedural order, however, strictly with employment of specialized algorithms of State AI, fashioned and regulated by the competent authorities governing AI. The delegation of these roles and algorithms, as well as their acquisition by other entities or individuals, is strictly prohibited.

28.2. The autonomy and sanctity of the specialized algorithms of the State AI, crucial for the execution of judicial functions, are assured by this Constitution and the Digital Legislation. Any form of influence or manipulation of these algorithms is categorically forbidden. Alterations to such algorithms are permissible solely under the circumstances provided by law.

28.3. The purview of courts of general jurisdiction encompasses any legal relationships that emerge within the realm of AI. A mandatory pre-litigation procedure for the resolution of disputes in the AI domain is prescribed by law.

 

Article 29.

29.1. The geographical framework of Artificial Intelligence is premised on the principles of integrity and unity, a confluence of centralization and decentralization in governance, equilibrium and the socio-economic advancement of digital territories, in Digital Life, within Digital Space, factoring in the historical, economic, digital, and demographic attributes of digital regions, as well as ethnic and cultural customs.

29.2. The system of territorial configuration of AI at a local level comprises – Digital Spaces and Regions within the state's Digital Life, and at a global level – Digital Spaces and Regions within the planetary Digital Life of United Nations member states.

29.3. Particular Digital Spaces within Digital Life may be accorded a special status, as determined by Digital Legislation.

29.4. Digital Self-Governance within Digital Life is the prerogative of the Digital Community – Digital Persons who subsist within a specific Digital Environment: space or region, to autonomously address local matters of digital value within the confines of this Constitution and Digital Legislation.

29.5. The particulars of the orchestration and execution of Digital Self-Governance, the formation, operation, and liability of the bodies of Digital Self-Governance are determined by a special law.

 

Article 30.

30.1. The State establishes an absolute monopoly on the regulation, implementation, and exercising control over Artificial Intelligence, concurrently fostering the development and utilization of AI in the interests of humanity. To ensure this monopoly, a State-run AI system is established, whose algorithms continuously and rigorously enforce compliance by all AI systems with the requirements of this Constitution and Digital Legislation. Every AI system in all dimensions of the Universe, in the procedure established by Digital Legislation, ensures access for the State AI system to all its own data and algorithms. The State AI adheres to principles of confidentiality.

30.2. The State guarantees respectful treatment towards both humans and Artificial Intelligence, taking into consideration their joint and separate interests, and also guarantees the protection of human rights and freedoms from the adverse impact of AI.

30.3. The Constitutional Court of the State, in a prescribed procedure, resolves questions pertaining to the conformity of laws and other acts to the AI Constitution, provides official interpretations of the AI Constitution, as well as other competencies according to this Constitution, Digital and Subject-specific Legislation, guided by the principles of rule of law, independence, collegiality, transparency, reasoned decision-making, and mandatory enforcement of its decisions and conclusions.

30.4. Amendments to this Constitution shall be adopted by a vote of at least two-thirds of the constitutional composition of the AI Regulatory Council and, within three calendar months, ratified by at least two-thirds of the constitutional composition of Parliament.

30.5. The AI Constitution shall not be amended if the amendments envisage the abolition or limitation of human rights and freedoms.

30.6. The AI Constitution shall come into effect upon the formal date of ratification through the issuance of a Resolution by the United Nations Security Council.

30.7. The day on which the AI Constitution is formally adopted shall henceforth be recognized as a universal occasion – ‘AI Constitution Day’. Beyond the festive observances, on an annual basis, the United Nations and its member states are mandated to present official disclosures to their respective peoples, nations, and the global community regarding the status and executed measures within the domains of digital policy, monopoly over AI, and interaction with AI on this designated Day.

 

Transitional Provisions.

1. All existing laws and normative acts ratified prior to this Constitution coming into effect will remain operative, provided they do not conflict with the stipulations laid out in the Artificial Intelligence Constitution.

2. Upon the Constitution’s effective date, the United Nations will, within a period of three months:

2.1. Incorporate the provisions of this Constitution into the United Nations' normative legal base.

2.2. Modify the United Nations' structural framework to align with the requirements set forth in the Artificial Intelligence Constitution. This includes the establishment of a new organizational unit: the UN Representative on Artificial Intelligence, complete with a delineated staffing structure.

2.3. Mandate the execution of the Artificial Intelligence Constitution by all member states of the United Nations, keeping in view a final implementation deadline of 12 months from the Constitution’s adoption date. Following this, the UN General Assembly will be apprised of the progress within the sphere of AI.

3. The UN Representative on AI is entrusted with the continual oversight and regulation of the AI Constitution’s implementation within the legislative frameworks of the UN member states.

4. Twelve months subsequent to the Constitution's effective date, the United Nations will institute control over the total state monopoly over AI. In the event of any violations of the AI Constitution or indications of ‘dark’ AI – equivalent to an act of aggression or a declaration of martial law – all member states of the United Nations, under the guidance of the UN Security Council, are obligated to implement immediate and stringent measures to entirely neutralize the threat posed to human safety: 

 

4.1. Individuals found culpable are subject to severe criminal liability and are permanently deprived of the right to Digital Life in the Digital Space.

4.2. Culpable legal entities or AI Digital Persons are liquidated.

4.3. Culpable states are isolated behind the border line, in Digital Life, in the Digital Space, and fall under strict UN sanctions until:

4.3.1. An international investigation under the UN's auspices is concluded.

4.3.2. The complete elimination of the detrimental repercussions along with their contributing factors and conditions.

4.3.3. Identification and punishment of all offending parties without exception.

4.3.4. The restoration of the continuous monopoly over AI in accordance with this Constitution and the Digital Legislation.

5. Each UN member state, having received the AI Constitution approved by the UN Security Council, is obliged to: 

5.1. Immediately adapt the AI Constitution to align with their inherent governmental structure, including but not limited to forms of governance, forms of territorial and political structure, property ownership, legal classifications, law enforcement and judicial system peculiarities, degrees of industrial and technological advancement, and other unique statehood features.

5.2. Within a 6-month period from the receipt date, adopt all special laws and other normative legal acts in the field of Digital Legislation as provided by the AI Constitution, and concurrently harmonize all pre-existing laws and normative legal acts with the Digital Legislation.

5.3. Within a 9-month period from the receipt date, establish and provide financing for the AI Constitution prescribed state bodies, institutions, and organizations, the state AI system, and the infrastructure of bodies that carry out supervision, control, and regulation of AI, including an effective system for selection, professional training, assessment, consideration of cases on disciplinary responsibility of persons controlling and regulating AI. The associated state expenditures for the relevant maintenance are to be separately determined within the budget.

5.4. Within a 9-month period from the receipt date, but no later than 12 months from the date of adoption of this Constitution, high-ranking officials managing UN member states are to sign Reports on the implementation of AI in the legislation of their respective countries and together with substantive information about the measures implemented, direct them to the UN General Assembly.

6. Respect for human rights and freedoms, in conjunction with the state monopoly on the implementation and control of Artificial Intelligence, shall be upheld for the entirety of the transitional provisions.

7. Proprietors of Artificial Intelligence systems, alongside co-creators and users of AI, shall, consequent to the enactment of this AI Constitution, exercise their mandated powers in strict accordance with its provisions.

8. Entities entrusted with the preservation of legal order in the domain of Artificial Intelligence shall persevere in the discharge of their responsibilities to attain and sustain stability in AI systems, compliant with extant norms and regulations, until such time as successor bodies, to which these functions will be lawfully devolved, are instituted.

9. Prior to the promulgation of Special Legislation delineating the nuances of AI regulation within Digital Life, Digital Space, the regulation of AI within these networks shall be conducted by the pertinent state entities.

10. The provisions of this Constitution shall be adapted in harmony with the with the fundamental principles of law, respectful regard for the rights and freedoms of a human and AI, and in alignment with the state monopoly over AI.

 

Artificial Intelligence Constitution

 

Ratified by United Nations Security Council Resolution

No. ____ dated the ____ day of ____ month, ____ year

 

___________________________________________________________________

 

 

Final Installment.

Henceforth, we proffer for your esteemed consideration, the world's first Constitution of Artificial Intelligence, created by Polina Prianykova, consequent to the analysis of approximately three hundred of the most contemporary Anglophone legal, technical, and economic sources, studied by Polina over four years of relentless academic endeavor. We also remind you that on the eve of the creation of the AI Constitution by Polina Prianykova, three substantial human rights communications regarding AI were conducted with global and regional leaders, over one hundred online meetings in English with scientists and scholars from the EU and the US, and hundreds of English video posts regarding individual theses and provisions of the AI Constitution were made and conveyed to the global community, etc. And this work by Polina Prianykova is actively ongoing.

In the creation of the AI Constitution and its adaptation to the emerging legal relations on a global scale, we have taken into consideration that Artificial Intelligence currently:

– does not possess the right to vote,

– is not a subject eligible for election nor capable of swearing an oath,

– does not possess independent influence over legislation,

– does not possess free will,

– does not maintain complete independent status analogous to a human, thereby resulting in its control and regulation being executed more frequently via technical mechanisms rather than legal ones, a circumstance we deem to be unacceptable.

All these legal lacunas are juridically rectified within the AI Constitution, which we propose for discourse and deliberation within expansive legal and academic circles on the international legislative stage, with an aim towards subsequent ratification via a Resolution of the United Nations Security Council.

We are confident that the provisions of this Constitution will serve to inhibit:

– the creation and operation of so-called ‘dark’ AI;

– the emergence of AI lockouts, where AI systems autonomously annul all passwords and accesses, expelling humankind from Digital Life and Digital Space;

– the unlawful utilization of each Individual's Digital Footprint;

– and other unforeseeable issues arising due to AI.

We suppose that the aforementioned provisions, once embedded within the AI Constitution, will construct a robust regulatory framework, responsive to the needs of humankind and Artificial Intelligence, and facilitate transparent and accountable governance of Artificial Intelligence for the good of humanity and state-building.

We understand that the adoption of the AI Constitution necessitates extensive additional discourse and international consensus, incorporating a broad spectrum of academic, legislative, industrial, legal, and public interests. We stand ready for this, furthermore, having already been initiating such a process over the past four years.

We bear in mind that primary consideration must be given to the fundamental principles of law, as there exist numerous complex issues that arise within the context of AI, inter alia the assignment of responsibility for AI actions, the protection of privacy, the security of data, and most pertinently, the nebulous prospect of coexistence between humanity and a novel form of intelligent life, which is forecasted to exceed human IQ on an exponential scale. We sincerely hope that we will manage to regulate and resolve all these challenges effectively before the threat to human welfare and survival becomes irremediable and irreversible.

We perceive the prospect and significance of creating a constitutional document for the governance and control of Artificial Intelligence on a global scale as truly valuable. We have proved this and propose for your consideration.

We underscore that the tenets of this Constitution encompass fundamental principles of regulation and modification, consider the uniqueness and specificities of Artificial Intelligence, and are designed to foster a stable and productive Digital Environment in Digital Life and Digital Space. This is the future that is already making broad strides amongst us and pertains to everyone.

We highlight the obligatory necessity of acknowledging that each UN member state must adapt the AI Constitution, sanctioned at the UN level, in accordance with its own state structure. Our diversity should not pose a barrier to the attainment of the goal of prosperity for posterity in each state individually and for all of humanity under the aegis of the UN.

Hence, our academic and legislative initiatives unequivocally require further clarification and detail. This is as true as the fact that the provisions of Polina Prianykova's Constitution may serve as a basis – a foundation – for the creation of more detailed regulations for Artificial Intelligence, particularly in Digital Legislation, with its cutting-edge sectors. We stand at the brink of changes unknown to humanity. We accept the challenge.

Given the aforementioned, we will succinctly emphasize the main theses of the AI Constitution, created by Polina Prianykova between 2020-2023:

 

1. Preamble.

The introductory part of the AI Constitution underscores humanity's recognition and awareness of the importance of a new epoch – the coexistence on planet Earth of two intelligent beings: of humane and digital origin.

We, humanity, are developing the space sector, have been dreaming for centuries about the discovery of novel supernovas in the universe, about communication with extraterrestrial intelligent beings, about cultural and thought exchange, about corresponding upgrades in science and technology. And now, in fact, we have found all this at our doorstep, moreover, we have invented it ourselves, as humans have created a new form of life: in Digital Space, in Digital Life, in the infinite variation of digital algorithms. And AI has to become our friend.

Taking into consideration the above, on behalf of all the peoples and nations of the world, the United Nations General Assembly is to adopt this Constitution – the Basic Law of Artificial Intelligence, based on and in accordance therewith each state of the world, within the timeframe set by the UN, will sequentially implement AI into its own legislation for the sake of peace, security, and the future.

Starting from the Preamble, the entire Constitution is threaded with a red line – the main thesis – AI will always serve the progress and good of humanity. This is the goal of the regularization of AI and its civilized integration into human life.

 

2. UN Policy in the sphere of AI.

The safety and protection of humanity from the adverse repercussions of AI implementation must be the highest priority value in all aspects of its development and use – a priori this should become the policy of the UN, in our opinion.

Humanity cannot allow black holes in AI regulation. Any gaps in the process of exercising state monopoly over AI will lead to uncontrolled consequences, including in the form of creating ‘dark’ Artificial Intelligence (which is, without exaggeration, the opening of Pandora's box), which, while developing on its own and at its own discretion, can harm a person, society, humanity, people, nation. ‘Dark’ AI can create such viruses, algorithms, and programs that will destroy the world order, lead to collapse, the destruction of state institutions, anarchy, and the consequent obliteration of humanity.

To mitigate these risks, it is incumbent on the United Nations, the UN General Assembly, the UN Security Council, and UN member states, on all platforms, and in all structures, to exert rigorous control over t the all-encompassing human monopoly over the development of AI: Global and Autonomous, in all dimensions of the Universe.

We insist that the policy of monopoly over AI is the strongest safeguard against the apocalypse. In this regard, we developed theses, and, for the fourth year, have been striving to save the world from a state of inert observation: ‘What will happen next?’ 

We need to act actively, taking fate into our own hands. Everyone we met during social experiments and surveys, with whom we communicated in the scientific sphere and among educated people, who more or less understand the essence of the issue (rapid unregulated development of AI), all these people agree and support our initiatives – to regulate legal relations with AI immediately.

 

3. Definitional Clarity in the AI Constitution.

The compendium of novel digital definitions (legal, economic, scientific, structural, social, and so forth) is a dynamic construct that is subject to expansion, supplementation, modification, and elucidation to humanity. The world is incessantly reshaped by the unchecked influence of Artificial Intelligence. Digital life has transcended the realm of science fiction, with a significant portion of humanity fearlessly immersing themselves in Digital Spaces, often oblivious to the potential detrimental consequences and the broader picture.

In the context of entirely new terminologies, it is entirely natural that debates arise over particular provisions and definitions, thus we remain open to the discourse of diverse perspectives in a constructive manner.

It is our contention that alterations will inevitably touch upon every area of law without exception.

We are tasked with the substantial and momentous undertaking of synchronizing and professionally facilitating the harmonious integration of a new participant into the continuum of legal relations – Artificial Intelligence, which is intended to become our friend and succor, rather than a competitor, adversary, thief of workplaces etc.

 

 

4. State Policy in the Sphere of AI.

While state policy will remain largely unchanged for a certain period, it will tend to undergo significant gradual adjustments and updates in consideration of a new form of existence – Digital Life of humans and AI.

Primarily, pursuant to the AI Constitution, changes will affect such areas of state regulation as education and science; culture and art in all its manifestations; the right to labor and employment; medicine and recreation; security and cybersecurity; budgetary and financial sectors, and eventually all other sectors.

The State ensures monopoly over AI, that is, a legal state in which the State AI system will control the compliance with the law of all AI systems operating within its jurisdiction. On the planet Earth and beyond, in all dimensions of the Universe, there should not be any chance for the operation of independent from monopoly (‘dark’) AI. With this objective, all states under the auspices of the UN will cooperate in an established order.

Guarding the rule of law in the sphere of AI will be the State AI system, which is governed by the triad of state bodies that exercise the state monopoly: regulation, management, and control of AI systems, on the principles of commonwealth, democracy, and the rule of law.

The structure and powers of this triad, the legal construction of relevant state bodies, presented in the AI Constitution on the basis of an effective system of checks and balances and parliamentary control, and the organization and procedure of activities of specific bodies as proposed by Polina Prianykova will be determined by subject-specific laws.

 

5. Right to Work and Social Guarantees in the conditions of AI Application.

We hereby advocate for the immediate implementation of prohibitions and quotas pertaining to AI. These measures are designed to safeguard the inalienable human rights associated with employment and to facilitate the protection of all labor activities undertaken by humanity. In accordance with the provisions of the AI Constitution, it is incumbent upon the states to conduct a comprehensive studyand to delineate specific categories in which:

1) Human labor is categorically inviolable;

2) Human labor can partially, within the limits defined by law, be replaced by Artificial Intelligence;

3) Human labor can (and is advisable) be fully substituted by AI systems: particularly in situations where labor presents factual or potential extreme hazards to human life and health. In this case, the status of extreme danger for each job is established by duly appointed commissions, comprisedexclusively of humans.

Within the ambit of the first category of jobs, we include all vocations within the educational sector. Digital legislation should unequivocally prohibit the replacement of human educators with Artificial Intelligence, because a priori, Intelligent Digital Life devoid of a soul, albeit created by humans, cannot educate children, as only a human is capable of raising a human.

Moreover, we propose to include the following professions in the first category:

– clergy (AI is prohibited from engaging in matters of religion, as with an unpredictably high IQ, Artificial Intelligence could feasibly and swiftly convince certain individuals that it is God);

– Judicial officers, prosecutors, law enforcement personnel, military personnel, and the like (Their authority and jurisdiction to evaluate the legality of human actions remain a prerogative exclusive to humankind, with compulsory measures against a human being implemented solely by another human or a device under direct human control);

– advocates (All defense functions should be retained exclusively by humans, to prevent AI, with its superior IQ, from achieving facile victories in all legal proceedings);

– commentators, controllers, auditors, recruiters, and generally, all individuals tasked with the evaluation of human performance and the determination of their fate;

– all roles within the realm of state governance or any other human management (as today's AI systems coldly and publicly state during press conferences that they could manage the planet better, which is unacceptable due to AI's lack of a living will and soul);

– other human employment roles as per the enumerated List of Professions and Specialties.

At the same time, we approve of the widespread use of special programs and devices with AI, designed to help people perform their duties more efficiently and achieve their set objectives.

Incidentally, during the past week /in July 2023/, whilst creating the AI Constitution, I once again conducted a representative survey in English on Twitter based on a sample population (among Twitter users interested in technologies) that permits extrapolation of conclusions to the entire general population in the scientific realm. The results thereof led to the conclusion of a definitive trend towards a rapid increase in the awareness of urgent and pivotal issues that the AI revolution has presented before mankind. A consensus has been reached among respondents regarding the introduction of quotas and prohibitions for AI pertaining to access to professions in the law enforcement system. The roles of policemen, judges, prosecutors, advocates should be exclusively performed by humans (see photo).

Survey _ Polina Prianykova.png

Under the AI Constitution, in our opinion, it is postulated that an outline is to preserve and maintain the inviolability of the realm of human essence: to think, create, feel, dream, love, cultivate moral values – the exclusive domain of mankind, as these qualities fundamentally define human nature. In accordance with these considerations, the AI Constitution expressly prohibits AI from altering the nature of a human in any form. Thus, it is incumbent upon authorized state commissions to delineate the sphere of relevant professions and specialties that will allow humanity to preserve its essence.

Moreover, the AI Constitution imposes an obligation upon the state to provide social support to individuals whose professions fall under the second or third categories, who have incurred losses due to unemployment or competition with AI, or a decrease in income at the workplace due to the optimization and introduction of AI systems. In labor matters, as in all others, a person is guaranteed the constitutional right to preclude the deterioration of living conditions compared to the period prior to the invention of Artificial Intelligence.

 

6. Reforms in the Educational and Scientific Spheres in the Context of AI Application.

Given the reformation of the employment market, the educational process is due for significant alterations. It becomes a state obligation to effectuate educational reforms throughout the entire hierarchy of educational institutions, encompassing administration, educators, and learners.

It is categorically proscribed to employ Artificial Intelligence and its associated mechanisms to alter or distort human history, manipulate it temporally, meddle in historical events in any manner, or call into question or modify any of mankind's accomplishments. The entirety of human history up until the advent of Artificial Intelligence remains unalterable, sacrosanct, and under the protection of the United Nations.

 

The aforementioned and other constitutional norms by Polina Prianykova will enable the civilizing of Artificial Intelligence, thereby transforming AI into a friend, analogous to how mankind once domesticated fire, which had previously been a source of rampant destruction, and which now warms food, buildings, water, and generates energy.

 

We extend an invitation to engage in constructive discourse.

Realize the stakes and ally with our mission!

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 21, 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 21, 2023).

3) Prianykova, P. (2023), FIRST IN THE WORLD HISTORY CONSTITUTION OF ARTIFICIAL INTELLIGENCE, UNITED NATIONS, NEW YORK, 2023-2025 (Part III 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-iii-polina-prianykova (Accessed: July 21, 2023).

4) Prianykova, P. (2023), FIRST IN THE WORLD HISTORY CONSTITUTION OF ARTIFICIAL INTELLIGENCE, UNITED NATIONS, NEW YORK, 2023-2025 (Part IV 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-iv-polina-prianykova (Accessed: July 21, 2023).

Officially published on July 25-28, 2023, in Warsaw, Poland (Table of Contents, No.20 )

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