Mona Chammas, Session 6

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Presentation by Mona Chammas at the OECD Global Conference on Governance Innovation which took place in Paris on 13-14 January 2020. Further information is available at http://www.oecd.org/gov/regulatory-policy/oecd-global-conference-on-governance-innovation.htm.

Governo e ONGs

ACCOUNTABILITY
& LIABILITY
IN AN A.I. WORLD
Mona Caroline Chammas
OECD 14 Jan 2020
Governance Innovation Conference
©GOVERN&LAW

2
« How do we manage liability and accountability
in an A.I.-driven world? »
©GOVERN&LAW - All Rights Reserved

DISTINGUISH:
Focus:
Something to get done,
Someone to take care of
Focus:
Norms to care about,
Comply and explain
Focus:
Harm, wrongdoing
TO ACCOUNT, BE
ANSWERABLE FOR
ACTION, DECISION
AUTHORITY, CONTROL
ON RELEVANT ACTION REPAIR, PUNISHED IF GOES
WRONG
CRIMIN / ADMIN / CIVIL
4©GOVERN&LAW - All Rights Reserved

6
Today’s headache: government is used to
focus on REGULATE & ENFORCE
= a Liability World
©GOVERN&LAW - All Rights Reserved

Liability shortcomings in an A.I. world:
- Wait for harm or wrongdoing
- Dark side of A.I. & regulation
- Opposes innovation ↔ government / people
- Iceberg tip, 99% gone unknown
- Too late, too expensive, too small
- Case by case, nothing universal
7©GOVERN&LAW - All Rights Reserved

8
A.I. LAWS
Today’s challenge:
THE TWO
BLACK
BOXES
Can artifical and legal intelligence
become « intelligible »?
©GOVERN&LAW - All Rights Reserved

INNOVATORS & GOVERNMENTS biggest
opportunity & urgency: ACCOUNTABILITY
1 . E C O S Y ST E M R E C I P R O CA L I N T E L L I G E N C E
2 . R I S K M A N AG E M E N T & P R I O R I T I E S
3 . N E W S C R E E N I N G G R I D + W AY S TO CO M E F O R W A R D
4 . S U S TA I N A B L E I N V E ST M E N T & R E S P O N S I B L E I N N O VAT I O N
GOOD FOR
EVERYONE
FOR SALE
©GOVERN&LAW - All Rights Reserved 9

Artifical
Intelligence
Legal/ethical
Intelligence
Unaddressed questions…
New duty to self-assess
To come forward
To be ready for checks
To account for.
Smart exposure analysis
10©GOVERN&LAW - All Rights Reserved

1. Accountability in light of what?
©GOVERN&LAW - All Rights Reserved 11

What is your one-page grid of binding core rules/values for any innovation?
LAW and A.I. HAVE IN COMMON:
- S hape how humans act and i nteract w ith each other s and their environment
- S uffer fro m mul tipl icity, opaci ty, comp lexity, inconsistency, v ar iab ility
REGULATION IS DEAD... LONG LIVE HUMAN RIGHTS?
©GOVERN&LAW - All Rights Reserved 12

2. Who’s behind the A.I. wheel?
©GOVERN&LAW - All Rights Reserved 13

Artificial = man-made...
Multiplicity, complexity, inter-dependency, invisibility
Novel universal duty on AI actors, contributors:
(i) to map their respective involvement & governance
(ii) to map actual and potential risks
©GOVERN&LAW - All Rights Reserved 14

3. The trolley problem is dead.
Long live the legitimacy question.
©GOVERN&LAW - All Rights Reserved 16

17
« The critical question is not whether the self-driving car should
kill its passenger or the pregnant pedestrian. It is who is
legimitate to make that decision in the first place? »
GOVERN&LAW
#Democracy #Legitimacy #A.I.Integrity
©GOVERN&LAW - All Rights Reserved

4. Who’s best placed to hold
accountable?
©GOVERN&LAW - All Rights Reserved 18

GOVERN & LAW
Integrity. Good Governance. Better Law.
Mona Caroline Chammas
Attorney & Integrity Director
www.governlaw.com | +33 (0)7 77 46 53 03
mona.caroline@governlaw.com
Ideas and models herein contained are the intellectual property of ©GOVERN&LAW.
Thanks for respecting it. We look forward to working further with you.

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