LEGALLY BINDING INTERNATIONAL TREATY ON AI (Syllabus: GS Paper 3 – Sci and Tech)

Context: The United States, the European Union, and the United Kingdom (UK) are expected to sign the Council of Europe’s convention on artificial intelligence (AI), the first “legally binding” international treaty on the use of the revolutionary new technology.

Legally Binding International Treaty

• About: The treaty prioritizes human rights in regulating public and private-sector AI systems and is viewed as the first significant agreement among major AI developers.
• Official Name: The treaty is officially known as the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law.
• Scope of Coverage: It applies to both the public sector, including companies acting on its behalf, and the private sector, with applicability across various geographies.
• Accountability and Legal Recourse: Signatories are accountable for harmful and discriminatory AI outcomes, ensuring that outputs respect equality and privacy rights, and provide victims with legal recourse.
• First-of-Its-Kind Global Treaty: The Framework Convention on Artificial Intelligence is a pioneering global treaty aimed at ensuring AI upholds human rights and addresses international legal standards while mitigating risks.

Obligations and Applicability

• Upon ratification, member states will have to ensure that:

o Their AI systems are “consistent with obligations to protect human rights.

o These systems are not used “to undermine the integrity, independence and effectiveness of democratic institutions and processes, including the principle of the separation of powers, respect for judicial independence and access to justice.

o There are a few exemptions in the scope of applicability of the Framework Convention, such as national security and research and development.

• Concerns: Treaty is being called “legally binding”, there are concerns that it does not contain provisions for punitive sanctions such as penalties or fines.