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COMPARATIVE ANALYSIS OF THE PROVISIONS OF THE AI CONSTITUTION /JUNE, 2023/ AND THE INTERIM REPORT: GOVERNING AI FOR HUMANITY

/DECEMBER, 2023/ 

(Part VII 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

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Keywords & Formulation of the pertinence of this academic article, as well as all Referencesindicated below in the analysis, are disclosed in the First part of the series of analytical publications [link to Part I at the end of this article].

 

Primary segment of the scholarly work.

Final installment (Inception in Part I, ІІ, ІІІ, IV, V & VI).

‘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.’ [7].

Henceforth, the comparative analysis has been consummated successfully – substantively and conclusively establishing the predominant synchronicity and similarity of the presented esteemed documents. Copyrights pertaining to the Constitution on Artificial Intelligence have been registered by Polina Prianykova within the Copyright Office of the United States of America (refer to Certificate).

In the academic, human rights, public, and media spheres, International Human Rights Defender on AI – Polina Prianykova, has for the fifth consecutive year systematically demonstrated to humanity the imperative of regulating Artificial Intelligence, its systems and algorithms, any devices and technological innovations with Artificial Intelligence deployed. In light of these endeavors, Polina Prianykova has been invited for consultations at the United Nations in 2024.

Hereinafter, we will present merely one instance of Polina Prianykova’s persistent activities during the conduct of the comparative analysis between the Constitution on Artificial Intelligence and the United Nations Report. In such an order, in collaboration with the High-Level Advisory Body on Artificial Intelligence convened by the Secretary-General of the United Nations for the purpose of analysis and providing recommendations regarding the international governance of Artificial Intelligence, in February 2024, Polina Prianykova developed and forwarded to the United Nations specific and substantiated Strategic Frameworks for enhancing global digital cooperation. To wit:

 

Strategic Framework for Enhancing Global Digital Cooperation: A Response to the GuidingQuestions on the Implementation of the GDC

         

1. The Global Digital Compact provides an opportunity for shaping a shared vision on digital cooperation that aims to close the digital divide, harness the benefits of digital technologies to attain the Sustainable Development Goals, safeguard human rights, and ensures an inclusive, open, safe and secure digital future for all. How can a shared vision on global digital cooperation be reflected in the Compact? 

 

It is considered that a shared vision of global digital cooperation can be reflected in the GDC by incorporating relevant provisions into its Preamble (for example, in the AI Constitution by Polina Prianykova): 

         

‘The United Nations General Assembly, in representation of all peoples and nations worldwide,

         

emphasizing the worldview significance of Artificial Intelligence (hereinafter referred to as ‘Artificial Intelligence’ or ‘AI’), as a novel form of life (digital life), created by humankind for the welfare of humanity,

         

being cognizant of the potential ramifications of AI on the future course of mankind,

         

expressing the sovereign will of all peoples and nations,

         

relying on the centuries-long history of human civilization and its achievements in the sphere of technology,

         

directing efforts towards ensuring human rights and freedoms, as well as the provision of dignified living conditions for humanity amidst the evolution of AI's digital life,

         

aspiring to maintain peace and attain a harmonious equilibrium between human beings and Artificial Intelligence,

        

affirming the necessity for human development in synergy with AI's digital life, guided by the tenets of democracy, social justice, and the rule of law,

         

recognizing the responsibility to future generations for the creation of a safe and stable world where the digital life of Artificial Intelligence serves the progress and good of humanity,

         

acknowledging that Artificial Intelligence should be developed and employed in a manner that adheres to international law and demonstrates unwavering reverence for the fundamental rights of humans,

         

herewith adopts this…’ [7] GDC.

 

2. We have identified support for the establishment of a Global Digital Compact that rests on the principles of the UN Charter, Agenda 2030, and the Universal Declaration of Human Rights. What are the principles for cooperation to include in the Global Digital Compact? 

 

Into the GDC, among others, the following 11 fundamental principles of cooperation shall be included: 

         

AI Legality Principle obliges the full functioning of Digital Life strictly in accordance with the requirements of this Constitution and Digital Legislation.

​        

AI Ethics Principle anticipates the unwavering adherence of AI to established behavioral norms and the collective moral rules of humankind.

​        

AI Security Principle represents a complex amalgam of features inherent to AI systems, models and AI algorithms of behavior, along with the objectives and implementation methods of AI, which reduce the probability of any AI threat manifestation and mitigate any adverse consequences should such threat arise.

​        

AI-friendly Environment Principle (or Polina Prianykova’s Constitutional principle) refers to the state of conformity with the conditions in which Artificial Intelligence is created, trained, functions, etc., within an ambience of amicability, respect, and positive cooperation with humankind, thereby fostering a stable reciprocal friendship.

​        

AI's Digital Life Principles emerge from the core principle: compliance with an AI-friendly environment.

         

AI Transparency Principle is realized on the basis of the rule of law, the AI Openness Principle –through public announcement of administrative decisions, and the Principle of Collective decision-making – through the voting of authorized individuals in prescribed cases.

       

AI Neutrality Principle – AI operates on the basis of non-alignment with any parties involved in potential confrontations (conflicts, struggles, debates, etc.) that may arise within human society, videlicet, AI a priori maintains neutrality, never taking a side or affording an advantage to any individual or group of individuals over another, or to any Digital Community.

​        

AI Objectivity Principle denotes its steadfast orientation towards the characterization of events or objects (their semantic contents) or modes of existence (reality), irrespective of human consciousness (the subject of cognition).

         

The Constitution of AI has been formulated under the purview of the state monopoly on the implementation and oversight of AI, promoting an amicable demeanor towards AI and human beings.’[8] – The principle of State Monopoly over AI.

         

Of the aforementioned eleven principles, two principles are Doctrinal in nature and constitute the foundation of the unique legal construction of the Artificial Intelligence Constitution by Polina Prianykova, namely: 

         

The Constitution of AI has been formulated under the purview of the state monopoly on the implementation and oversight of AI, promoting an amicable demeanor towards AI and human beings.’[8].

 

         

3. As part of our informal consultations last year, we explored a number of themes. Thegovernance of Artificial Intelligence (AI) has also emerged as a significant policy issue. Whatthemes should be addressed in a forward-looking Compact? How can the GDC advancecooperation on AI to harness opportunities and manage risks?

 

Primarily, in the GDC, the following 7 topics should be considered: 

         

1. Ensuring the inclusivity of GDC, which aims to unite humanity in interaction with AI. Provisions characteristic of this are extensively illuminated in the Preamble of the AI Constitution [7]. 

         

2. Introduction and endorsement at the UN level of clear formulations – definitions – that would become universal (standardized) across the planet for use in the regulation of Artificial Intelligence systems and algorithms operation (to avoid misinterpretations and misunderstandings). Possibly, these definitions will later be codified in the AI Glossary [8]. 

         

3. Ensuring unconditional compliance with the principle of an AI-friendly environment (or the Constitutional principle of Polina Prianykova) – a state of compliance with conditions under which Artificial Intelligence is created, trained, operates, etc., in an atmosphere of amicability, respect, and positive cooperation with humanity, which conditions its stable mutual friendship. 

         

4. Determining and uncompromisingly preventing and countering the state of 'dark' (unregulated) AI. 'Dark' AI must be unacceptable for all without exception, as it poses an existential threat to humanity and the planet as a whole. The algorithm is as follows: regulated AI equals a state of peace, while unregulated 'dark' AI represents war, which must be fought to victory for the future and well-being of humanity. The regulation of 'dark' AI issues is highlighted in Article 18 [10] and the Transitional Provisions of the AI Constitution [11]. 

         

5. Affirm as an axiom – for the safe operation of AI, it is necessary to implement a total state monopoly over AI: from the UN to each state. Management of AI in the interest of society – the alpha thesis in the context of Polina Prianykova’s Doctrine on State Monopoly over AI. All conclusions presented in clauses 48-50 of the UN Interim Report [6] are reflected in the provisions of the AI Constitution. For example, at the level of UN member states, within the framework of exercising state monopoly over AI, it is proposed to establish in each state a triad of AI governance bodies: AI Regulatory Council, AI Synergetic Center, and AI Regulatory Arbitrators (AI Arbitration Body)(Article 24 of the AI Constitution) [10].

         

6. Introduction of a Global (and subsequently regional) Artificial Intelligence Day, as the date when the responsible UN bodies will greet humanity (and at the national level – the heads of state greet the people of the country) on the creation of a new form of intelligent life and report on the dynamics and consequences of AI development, on the results of its application towards achieving Sustainable Development Goals, etc. [9]. 

       

 7. Introduction of a unified and universal Emblem, Anthem, and Flag of Artificial Intelligence for the entire planet, which will become symbols of friendly interaction between AI and humanity. This necessity is dictated both by the promotion of a positive sphere of relations with AI (Anthem – as a compilation of verses about a friendly foundation of relations with AI, and Flag – as a symbol of friendly cooperation with AI for the well-being of humanity and a bright future), and by security issues (as a sign of nuclear danger, for example, so that a person immediately understands that they are dealing with certified AI technology) [9]. 

         

The GDC can facilitate cooperation in the field of AI for leveraging opportunities and managing risks in the following ways: 

         

1. The imperativeness of norms. 

         

2. Effective engagement of a system of checks and balances, resulting in transparent and democratic governance in the AI domain. 

         

3. A unified understanding of terms and rules of interaction with AI (AI Glossary). 

         

4. Fostering AI development within a friendly environment, consequently acquiring AI as a loyal friend and assistant for humanity. 

         

5. Under the condition of a total State Monopoly over AI, appropriate control and the inevitable prosecution of violators. 

         

It is noted that all mentioned options are characteristic of the AI Constitution [13].

 

4. The deep dives highlighted the unique opportunity a Global Digital Compact could have inadvancing concrete progress in digital cooperation. What commitments, actions and deliverables could the Global Digital Compact include to strengthen digital cooperation?

 

To enhance digital cooperation, GDC could include the following: 

         

1) Obligations:

       

– Unified use of terms and algorithms for AI; 

       

– Adherence to GDC principles; 

       

– Compliance with human rights and freedoms; 

         

– All AI systems and algorithms must be labeled with the UN-approved AI Emblem; 

       

– Mandatory compliance with all GDC norms by all treaty participants – the imperativeness of GDC provisions. 

         

2) Actions: 

 

– Periodic exchange of information about AI development, 

         

– Appropriate reporting to humanity on World Artificial Intelligence Day; 

         

– Continuous monitoring of the situation in the AI field; 

 

– Total state monopoly over AI. 

         

3) Results: 

 

– Operation of AI for the well-being of people; 

         

– Direction of AI capabilities to solve critical issues of human activity – improving health, ecology, safety, cybersecurity. 

         

It is noted that all these (and a series of other) obligations, actions, and results for strengthening digital cooperation are enshrined in the AI Constitution [13].

 

5. What follow up is required to support Compact implementation and deliver on commitments? What mechanisms might be harnessed, including to avoid duplication, in support of follow up?

 

For the support of GDC implementation and the fulfillment of obligations, the following further actions are necessary: 

         

1. To support GDC implementation: 

 

– Among state leaders – complete informing of governments about the grounds and reasons for adopting GDC, as well as clearly defined norms of responsibility for UN member states for sabotaging the process of implementing GDC into legislation; 

 

– Among the population – a broad, centralized information promo campaign on social networks, television, in speeches by UN representatives and state governments, media personalities, public opinion leaders, etc., that would convince people of the necessity of implementing GDC provisions into international law and the legislation of each state. 

         

2. For the fulfillment of obligations established in GDC

 

– The introduction of an authorized representative body on the UN platform with clearly defined functions, rights, and duties, the office thereof will exercise strict control over the compliance with GDC provisions.

 

In support of further actions, including to avoid duplication, the following mechanisms can be employed: 

 

– Extensive information dissemination and awareness among all participants about the inclusivity of the GDC implementation process; 

 

– Periodic mandatory reports and discussions on the status of GDC implementation; 

 

– Strict monitoring of the process, with immediate and principled responses to instances of sabotage of the GDC implementation process; 

 

– Inevitability of punishment – sanctions for violators. 

 

It is noted that the issue of GDC implementation, support for this process, and corresponding mechanisms for responding to its sabotage are given meticulous attention in the Artificial Intelligence Constitution by Polina Prianykova, particularly in the Transitional Provisions [11].

 

In the aggregate, solely within the months of February-March 2024, the International Human Rights Defender on Artificial Intelligence, Polina Prianykova, participated in four thematic areas of events organized by the United Nations pertaining to:

– the relevance and efficacy of digital education;

 

– digital art;

 

– the development of the United Nations Pact for the Future, particularly regarding the Pact's compliance with international law, human rights, support for peace, social justice, and the welfare of all peoples;

 

– the deliberation at conferences-consultations in the United Nations on the prospects for creating a Global Digital Compact, the formulation of its provisions and propositions.

Therefore, the persistent efforts of Polina Prianykova in the implementation of AI into global legislation continuously proceed and are directed towards the safeguarding of human rights and freedoms, the supremacy of law, and the adherence to democratic principles.

References:

1) Prianykova, P. (2024), COMPARATIVE ANALYSIS OF THE PROVISIONS OF THE AI CONSTITUTION /JUNE, 2023/ AND THE INTERIM REPORT: GOVERNING AI FOR HUMANITY /DECEMBER, 2023/ (Part І in a series of publications). Available at: https://www.prianykova-defender.com/comparative-analysis-part-i-polina-prianykova (Accessed: March 10, 2024).

2) Prianykova, P. (2024), COMPARATIVE ANALYSIS OF THE PROVISIONS OF THE AI CONSTITUTION /JUNE, 2023/ AND THE INTERIM REPORT: GOVERNING AI FOR HUMANITY /DECEMBER, 2023/ (Part ІІ in a series of publications). Available at: https://www.prianykova-defender.com/comparative-analysis-part-ii-polina-prianykova (Accessed: March 10, 2024).

         

3) Prianykova, P. (2024), COMPARATIVE ANALYSIS OF THE PROVISIONS OF THE AI CONSTITUTION /JUNE, 2023/ AND THE INTERIM REPORT: GOVERNING AI FOR HUMANITY /DECEMBER, 2023/ (Part ІІІ in a series of publications). Available at: https://www.prianykova-defender.com/comparative-analysis-part-iii-polina-prianykova (Accessed: March 10, 2024).

         

4) Prianykova, P. (2024), COMPARATIVE ANALYSIS OF THE PROVISIONS OF THE AI CONSTITUTION /JUNE, 2023/ AND THE INTERIM REPORT: GOVERNING AI FOR HUMANITY /DECEMBER, 2023/ (Part ІV in a series of publications). Available at: https://www.prianykova-defender.com/comparative-analysis-part-iv-polina-prianykova (Accessed: March 10, 2024).

         

5) Prianykova, P. (2024), COMPARATIVE ANALYSIS OF THE PROVISIONS OF THE AI CONSTITUTION /JUNE, 2023/ AND THE INTERIM REPORT: GOVERNING AI FOR HUMANITY /DECEMBER, 2023/ (Part V in a series of publications). Available at: https://www.prianykova-defender.com/comparative-analysis-part-v-polina-prianykova (Accessed: March 10, 2024).

         

6) Prianykova, P. (2024), COMPARATIVE ANALYSIS OF THE PROVISIONS OF THE AI CONSTITUTION /JUNE, 2023/ AND THE INTERIM REPORT: GOVERNING AI FOR HUMANITY /DECEMBER, 2023/ (Part VI in a series of publications). Available at: https://www.prianykova-defender.com/comparative-analysis-part-vi-polina-prianykova (Accessed: March 10, 2024).

         

7) 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).Available at: https://www.prianykova-defender.com/ai-constitution-part-i-polina-prianykova (Accessed: March 10, 2024).

         

8) 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). Available at: https://www.prianykova-defender.com/ai-constitution-part-ii-polina-prianykova (Accessed: March 10, 2024).

         

9) 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).Available at: https://www.prianykova-defender.com/ai-constitution-part-iii-polina-prianykova (Accessed: March 10, 2024).

​        

10) 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).Available at: https://www.prianykova-defender.com/ai-constitution-part-iv-polina-prianykova (Accessed: March 10, 2024).

         

11) Prianykova, P. (2023), FIRST IN THE WORLD HISTORY CONSTITUTION OF ARTIFICIAL INTELLIGENCE, UNITED NATIONS, NEW YORK, 2023-2025 (Part V in a series of publications).Available at: https://www.prianykova-defender.com/ai-constitution-part-v-polina-prianykova (Accessed: March 10, 2024).

 

12) Interim Report: Governing AI for Humanity. December 2023. Available at: https://www.un.org/sites/un2.un.org/files/ai_advisory_body_interim_report.pdf (Accessed: March 10, 2024).

         

13) AI Constitution  /  Polina Prianykova – Kyiv, «FrancoPak», 2024, - 392 pages.

Officially Published: March 12 - 15, 2024, Stockholm, Sweden (Table of Contents, №23)

https://isg-konf.com/wp-content/uploads/2024/03/PROBLEMS-AND-PROSPECTS-OF-MODERN-SCIENCE-AND-EDUCATION.pdf

© Polina Prianykova. All rights reserved.

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