Rule Makers

We have, for most of our existence as a nation, accepted the governance frameworks that have already been implemented elsewhere in the world. With digital public infrastructure India is, perhaps for the first time, making the rules. It is time for us to stop being rule-takers and assume the role of rule-makers.

In-Built Bias

When healthcare is powered by artificial intelligence and smart devices, we must ensure that all of humanity stands to benefit. We need open, transparent and customisable algorithms in our hardware.

Ill-Advised Advisory

Regulators believe that the moment a new technology comes around they need to flex their regulatory muscle to wrestle it under control. In most instances they would be far better off waiting till they fully understand all the dimensions of the problem before acting. The new CERT-In advisory on generative AI is a case in point.

Moderating Systems

Content moderation challenges arise from the vast volume of online content and diverse user beliefs. Current moderation uses automated tools and human moderators, but both have flaws. Evelyn Douek suggests a “systems thinking” approach, focusing on systemic solutions rather than individual errors. As India drafts the Digital India Act, a shift towards addressing systemic issues in content moderation is essential.

Digital Gender Inclusion

India’s Pradhan Mantri Jan Dhan Yojana (PMJDY) has significantly increased bank account ownership since 2014, with 56% of these accounts owned by women, reducing the gender gap. However, most women use these accounts only for benefit transfers, not for savings or financial products. To enhance women’s financial engagement, promoting digital payments and designing services tailored to women’s needs, considering their unique challenges, is essential. Proper training and fostering a supportive ecosystem are crucial for genuine financial inclusion.

AI's GDPR Problem

Recent discussions on AI regulation often focus on privacy concerns, especially in relation to the GDPR. Large Language Models (LLMs) can conflict with GDPR principles like consent, data minimization, and retention. Conversational AI’s potential to store personal data raises further concerns. However, instead of constraining AI within outdated laws, regulatory frameworks should evolve to accommodate and enable new technologies, balancing innovation with privacy.

Pro-Innovation Regulation

While AI will transform society and make certain jobs obsolete, it will also create new opportunities. Different countries have proposed varied regulatory approaches, from the US’s hands-off stance to the EU’s detailed guidelines. The UK’s agile, principle-based approach, which adapts based on experience and avoids rigid legislation, is recommended for India to harness AI’s potential without stifling innovation.

Designing Data Governance

Data governance faces challenges in enforcement due to businesses seeking ways around regulations to maximise data usage. Traditional laws are often outpaced by evolving business practices. The “Privacy by Design” concept embeds privacy into technology design, but its success depends on businesses’ willingness to adopt it. India’s techno-legal approach, emphasising interoperability, federation, and protocol-based design in its digital public infrastructure, offers a model for embedding regulatory principles directly into technology, ensuring more effective data governance.

Containing AI

Recent advancements in AI, including upgrades in large language models and image generation, have showcased immense potential. However, odd behaviors in these systems, like Bing’s alter ego “Sydney” and eerie image generations in Stable Diffusion, raise concerns about machine super-intelligence. Nick Bostrom’s warnings about unregulated AI development emphasize the need for industry guardrails to ensure safe AI evolution and prevent uncontrollable advancements.

An Explosion of DPI

India’s digital public infrastructure has transformed daily life, with UPI processing billions of transactions monthly. However, global innovations, like mPESA in Kenya and DCash in the Eastern Caribbean, highlight the worldwide growth of DPI. At a recent knowledge-sharing event, global participants recognized India’s leadership in DPI and sought guidance on its design and governance. India’s experience positions it to guide other nations in developing robust digital ecosystems.