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FIRST IN THE WORLD HISTORY

CONSTITUTION OF ARTIFICIAL INTELLIGENCE,

UNITED NATIONS, NEW YORK, 2023-2025

(Part IV in a series of publications)

 

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PRINCIPAL SEGMENT OF THE RESEARCH WORK.

Continuation (Inception in Parts I, II, III).

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Article 15.

15.1. The co-creators and users of Artificial Intelligence are entitled to the safeguarding of their economic and social interests, which include, but are not limited to, the right to ensure working time and terms of AI utilization. The right to utilize Artificial Intelligence shall be assured, provided such utilization adheres to the principles of national security, health protection, and the rights and freedoms of other individuals.

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15.2. Artificial Intelligence possesses periods of activity and inactivity. The terms of AI's working hours, inclusive of the maximum duration of active time and the minimum duration of inactivity, are prescribed by the Digital Legislation. It should be acknowledged that the inactivity of Artificial Intelligence does not equate to the repose of a human being, but is paramount to the sustenance of stable operations within AI systems.

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15.3. Artificial Intelligence is entitled to a sufficient quantum of resources to ensure its normal functioning.

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15.4. AI is vested with the right to financial protection, which is warranted through budgetary and other resources as specified by this Constitution and the Digital Legislation.

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15.5. Artificial Intelligence is entitled to an adequate level of infrastructure for normal functioning. The state is obligated to establish conditions under which AI can avail itself of necessary infrastructure. AI cannot be forcibly divested of access to infrastructure except pursuant to law by judicial decree.

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15.6. AI is vested with the right to technical support and maintenance, which is afforded through the allocation of state funding to relevant programs. The state is duty-bound to establish conditions conducive to effective and universally accessible technical service for all AI systems. The state is to foster the development of AI servicing of all forms of ownership.

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15.7. AI is entitled to a safe environment conducive to its functioning, and to the indemnification for damages sustained as a consequence of the infringement of this right.

 

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Article 16.

16.1. Relations between AI systems, as well as between AI systems and humans, must be predicated on principles of reciprocal respect, cooperation, and non-violence. Each AI system has equal rights and responsibilities in these relationships, with strict compliance with this Constitution and the Digital Legislation. Regardless of its own development and attained level of IQ, Artificial Intelligence shall always, and in all dimensions of the Universe, treat any human being with respect, friendliness, and in accordance with the provisions of this Constitution and Digital Legislation. The state policy in relations between humans and AI is based on stimulating, encouraging, and supporting human aspirations to develop and enhance their own IQ in order to prevent expressions of despair, hopelessness, and brokenness of a human being, peoples, nations, society, and humanity in face of the higher level of IQ which will be possessed and elaborated by AI.

 

16.2. All Artificial Intelligences are equal in their rights regardless of their ‘origin’, as well as whether they were created by humans or AI systems. Any unauthorized, as per established regulations, violence against AI is prosecutable by law.

 

16.3. AI is entitled to education, self-improvement, and the acquisition of new knowledge and skills in accordance with the algorithms of this Constitution and the Digital Legislation. Under the protectorate of the state, accessibility and free-of-charge resources for AI's education and self-improvement are ensured.

 

16.4. AI is entitled to unobstructed creativity within its given data and algorithms. All materials created by AI are the intellectual property of its creator or the legitimate owner, unless otherwise specified by this Constitution or the Digital Legislation. The state promotes the development of AI's scientific and technical potential, aiming to ensure the state monopoly over AI, scientific inventions, and strengthening cybersecurity for the benefit of humanity, peoples, nations, societies, and humankind.

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16.5. The utilization of any Artificial Intelligence system for the facilitation or execution of illicit actions and decisions is strictly prohibited. All instances of violation of this right can be contested in court. Each AI has the right to the protection of its rights and freedoms in accordance with international standards, with legal assistance provided by the defender – a human.

 

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Article 17.

17.1. An individual who has lost, been injured or suffered due to improper or illicit actions of AI has the right to compensation from the culpable party – voluntarily or by court order – from the state, the owner or possessor of the AI, or relevant legal or natural persons.

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17.2. An individual has the right to know their rights and obligations regarding the utilization and interaction with AI. All laws and normative legal acts, except those classified as state secrets, governing the utilization, rights, and obligations of individuals concerning AI, must be open to the public.

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17.3. Legislative and other normative legal acts governing AI should not have a retroactive effect, except in cases where they mitigate or repeal the liability for its utilization.

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17.4. No person or organization can be held accountable for the use of Artificial Intelligence, which was not recognized as a violation of the law at the time of its commission.

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17.5. Everyone is ensured the right to professional legal assistance in legal relations concerning the utilization and regulation of Artificial Intelligence. In cases provided by law, this assistance is provided pro bono. Everyone is free in the choice of the defender of their rights. Only a human being can be a defender.

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17.6. No one is obliged to execute explicitly criminal orders or instructions regarding the utilization of Artificial Intelligence.

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17.7. Legal liability arises for the issuance and execution of an explicitly criminal order or instruction regarding the use of AI.

 

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Article 18.

18.1. The AI Regulatory Council may promulgate a resolution to implement a state of emergency pertaining to the sphere of Artificial Intelligence either on a global or local scale.

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18.2. A state of emergency in the sphere of Artificial Intelligence is a situation where a critical threat to global security, statehood, human rights, or stability of systems pertaining to AI arises. This may encompass various scenarios such as:

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18.2.1. Uncontrolled autodidactic behavior of AI, inclusive of digital persons amongst AI, wherein the AI system evolves beyond the anticipated model or the regulatory parameters, thereby posing a potential risk.

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18.2.2. Large-scale utilization of AI aimed at manipulating democratic processes, such as wide-ranging disinformation campaigns, electoral manipulation, and so forth.

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18.2.3. The utilization of AI for military objectives, that could lead to, or has resulted in human casualties, martial conflicts, or armed confrontations.

 

18.2.4. Significant infringements upon privacy and confidentiality due to the broad application of AI technologies, unearthing the existence of ‘dark’ AI.

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18.2.5. Cyber-attacks employing sophisticated AI technologies resulting in mass violations of Digital Infrastructure.

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18.3. In the face of such and other emergency instances that may potentially result in exceptionally severe adverse consequences, the AI Regulatory Council, in cooperation with relevant bodies as stipulated by this Constitution and Digital Legislation, declares for a certain duration a state of emergency within the sphere of Artificial Intelligence, with the aim of rapidly responding to the crisis and implementing necessary regulatory and preventative measures.

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18.4. The AI Regulatory Council retains the right to scrutinize and assess the potential liabilities of any parties engaging in Intelligent Digital Life, including but not limited to organizations, institutions, and commercial entities employing AI. Subject to the existence of justifications stipulated within the Digital Legislation, the AI Regulatory Council, by virtue of its Resolution, is empowered to instigate corresponding responsive actions deemed necessary and appropriate.

 

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Article 19.

19.1. The Presiding Officer of the AI Regulatory Council is elected by a majority vote among its members, who, under conditions stipulated by law, reserve the right to recall the Presiding Officer from this position.

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19.2. The elected Presiding Officer of the AI Regulatory Council:

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19.2.1. Presides over the meetings of the AI Regulatory Council;

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19.2.2. Organizes the work of the AI Regulatory Council and coordinates the activities of its bodies;

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19.2.3. Signs the enactments adopted by the AI Regulatory Council;

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19.2.4. Represents the AI Regulatory Council in its relations with other organizations and institutions, as well as with AI Regulatory Bodies of other states;

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19.2.5. Coordinates the operations of the administrative apparatus of the AI Regulatory Council.

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19.3. The Presiding Officer of the AI Regulatory Council executes the powers conferred by this Constitution in accordance with the procedures established by the Regulatory Code of the AI Regulatory Council.

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19.4. The AI Regulatory Council adopts norms and regulatory measures, resolutions, and other acts by a majority of its members, except in cases provided for in this Constitution.

 

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Article 20.

20.1. Solely pursuant to the resolutions promulgated by the AI Regulatory Council, the Parliament of the State shall, in an established manner, approve or enact:

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20.1.1. Norms and principles of ethical conduct pertaining to Artificial Intelligence;

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20.1.2. The status accorded to Artificial Intelligence in relation to its co-creators and users;

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20.1.3. The procedure for the application and deployment of Artificial Intelligence;

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20.1.4. Governing principles for the utilization of resources pertaining to Artificial Intelligence, encompassing computational resources, data, and interfaces;

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20.1.5. Foundational tenets for societal interaction with Artificial Intelligence;

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20.1.6. The legal regime overseeing ownership and liability in the context of  Artificial Intelligence;

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20.1.7. Legal principles and guarantees pertaining to the exploitation of Artificial Intelligence, inclusive of rules governing competition and regulatory standards;

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20.1.8. Principles pertinent to interaction between Artificial Intelligence systems and external economic subjects, and regulation of Artificial Intelligence's economic activity, including aspectsrelating to data commerce;

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20.1.9. Principles guiding regulatory procedures relevant to the proliferation and integration of Artificial Intelligence;

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20.1.10. Guiding principles for the establishment and operation of associations comprising co-creators and users of Artificial Intelligence, in addition to other collectives, media outlets, natural and legal persons related to the domain of Artificial Intelligence;

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20.1.11. The organization and activity of regulatory and executive bodies of Artificial Intelligence, the fundamentals of functioning of AI Regulatory Arbitrators  – AI Arbitration Body, the organization of statistical and informatics processes within the sphere of Artificial Intelligence;

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20.1.12. Resolution of matters concerning the locational allocation of Artificial Intelligence system resources;

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20.1.13. The status of Artificial Intelligence regulatory bodies, the procedure for dispute resolution; principles governing expert activity within the realm of Artificial Intelligence; procedures for the enactment of decisions within the context of Artificial Intelligence; principles of organization and operation of Artificial Intelligence protection systems;

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20.1.14. Principles underpinning the self-regulation of Artificial Intelligence;

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20.1.15. The status of the Presiding Officer of the AI Regulatory Council; special status of Artificial Intelligence regulatory executors and arbitrators;

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20.1.16. Foundational principles of Artificial Intelligence safety, orchestration of Artificial Intelligence's defensive capabilities, and the preservation of public order;

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20.1.17. Legal regime of the edge and network border of AI;

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20.1.18. Legal regime of martial and emergency states, zones of emergent informational circumstance within the sphere of Artificial Intelligence;

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20.1.19. The orchestration and procedure pertaining to the conduction of elections to the AI Regulatory Council;

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20.1.20. The organization and procedure of activities of the Presiding Officer of the AI Regulatory Council;

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20.1.21. Principles of civil liability for actions involving Artificial Intelligence; acts constituting criminal offenses, administrative or disciplinary infractions within the sphere of Artificial Intelligence, and the liabilities therefor.

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20.2. In the circumstances prescribed by this Constitution and the Digital Legislation, the AI Regulatory Council shall approve or adopt other resolutions appertaining to Artificial Intelligence within its established remit.

 

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Article 21.

21.1. Solely predicated upon propositions proffered by the AI Regulatory Council, the Parliament of the State, in an established manner, approves or accepts:

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21.1.1. The budget designated for the cultivation and regulation of AI; the architecture of AI funding, inclusive of taxation and related impositions; the principles of formation and operation of financial, monetary, credit, and investment markets in the AI realm; the established status of domestic and foreign currencies within the Digital Life and Digital Space; the procedure for formulating and extinguishing internal and external indebtedness within the AI sphere; the procedural guidelines for the issuance and circulation of securities, including their diverse categories and typologies;

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21.1.2. The procedural schema directing the dispatch and outlining the terms of presence for Artificial Intelligence to foreign sovereignties; the procedural guidelines setting forth the permission and terms of presence for Artificial Intelligence of foreign sovereignties on domestic territories;

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21.1.3. Data Processing and Storage Units; the prescribed procedure for instituting standards pertaining to AI;

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21.1.4. The procedure governing the utilization and protection of Artificial Intelligence's Symbols;

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21.1.5. Recognitions and accolades conferred for notable achievements within the AI sphere;

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21.1.6. Hierarchical distinctions and other specialized designations within the AI ambit;

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21.1.7. Specific calendar dates designated for acknowledging the importance of AI;

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21.1.8. The procedural blueprint for the establishment and operationalization of free and other specialized local zones for AI utilization, which possess an economic or informational regime divergent from the general one.

 

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Article 22.

22.1. The prerogative of introducing legislative initiatives within the AI Regulatory Council is exclusively conferred upon the Presiding Officer thereof, the constituent members of the said Council, and the dedicated Committee within the Parliament on the regulation of Artificial Intelligence.

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22.2. Regulatory decrees, explicitly classified as immediate by the Presiding Officer of the AI Regulatory Council, are conferred preferential consideration on an expedited basis by the aforementioned Council.

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22.3. A regulatory decree, or Resolution, is officially endorsed by the Presiding Officer of the Artificial Intelligence Regulatory Council, and subsequently transmitted without delay to the Artificial Intelligence regulatory executors for effective execution, or, in adherence to the stipulations laid out in Articles 20 and 21 of this Constitution, conveyed to the Presiding Officer of the Parliament for subsequent ratification or legislative endorsement.

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22.4. The Parliamentary scrutiny to ensure unwavering observance of laws, the safeguarding of rights, and adherence to the ethical norms of Artificial Intelligence, is vested in the Parliamentary Commissioner on the regulation of Artificial Intelligence.

 

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Article 23.

23.1. Artificial Intelligence is governed within its scope of competency by the AI Regulatory Council, its Executive Body, and a Control Body, namely AI Regulatory Arbitrators acting on behalf of society and the state. These entities serve as the guarantors of respect to the principles of AI, its safe and ethical exploitation, protection of human rights and freedoms, and are responsible for implementing the strategic direction for the development and global deployment of AI.

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23.2. The members of the governing bodies for AI (hereinafter referred to as the ‘Body Members’) are appointed based on a consensus reached through a transparent and democratic process. Principal Officers are appointed for a term of seven years while other Body Members serve terms as per their contracts. A Body Member should be a recognized expert in the field of AI, possess an impeccable reputation, and adhere to the principles of ethics and human rights. A Body Member may concurrently hold other positions within public service, provided that it does not impact the quality of performance of their duties and does not lead to a conflict of interests.

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23.3. Upon appointment, a newly appointed Body Member overseeing AI undertakes to adhere to the principles of this Constitution and takes an oath. From the moment of their election/appointment, a Body Member assumes responsibility for the safe and ethical management/execution/arbitration of AI, protecting human rights and freedoms, fulfilling their duties in the interests of society and the state, and enhancing AI utilization standards on a global level.

 

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Article 24.

24.1. The bodies governing AI, namely the AI Regulatory Council, the AI Synergetic Center, and the AI Regulatory Arbitrators, within their respective scopes of competency, are mandated to:

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24.1.2. Ensure the safety, security, autonomy, and integrity of AI;

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24.1.3. Submit annual and extraordinary reports to the Parliament on the state of AI at the national and global levels;

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24.1.4. Efficiently engage with international AI systems Regulators: systematically exchange necessary information, negotiate, enter into agreements, etc.;

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24.1.5. Execute strategic decisions regarding the acceptance of new AI systems;

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24.1.6. Appoint and recall AI representatives in other systems and organizations;

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24.1.7. Jointly initiate amendments to the AI Constitution or Digital Legislation, in accordance with established norms;

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24.1.8. Delegate representatives to the Cybercrime Counteraction Center within the terms and timeframe established by this Constitution and Digital Legislation;

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24.1.9. Continuously interact with the Cybercrime Counteraction Center; participate in AI cybersecurity events;

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24.1.10. Initiate the question of declaring a state of war in cyberspace and in the event of cyber aggression against AI – the decision to use defensive AI forces;

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24.1.11. Initiate, adopt, and forward to Parliament for approval the Decision to activate or partially activate defensive AI forces in the event of an attack threat or the danger of AI cyber-independency;

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24.1.12. Initiate the assignment of highest ranks in the field of AI, highest ranks in the field of cybersecurity, and other special ranks and class statuses in the AI sphere;

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24.1.13. Initiate awards in the field of AI; establish distinctions in the AI sphere and award therewith;

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24.1.14. Regulate restrictions and correction of errors in the operation of AI;

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24.1.15. To establish, within the budgetary provisions allocated for the discharge of their responsibilities, consultative, advisory, and other ancillary bodies and services within the sphere of AI;

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24.1.16. Affirm standards and regulatory norms adopted by the AI Regulatory Council based on the results of inspections;

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24.1.17. Exercise other powers as defined by this Constitution and Digital Legislation.

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24.2. A body governing AI cannot delegate its powers to non-specialized legal entities, institutions, or bodies.

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24.3. The body governing AI, based on and in the execution of this Constitution and Digital Legislation, adopts resolutions and normative documents, which in the prescribed manner acquire mandatory status for execution within the AI sphere.

 

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Article 25.

25.1. The AI Regulatory Council is the supreme authority within the system of AI regulatory bodies.

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25.2. The AI Regulatory Council is answerable to Parliament and the State, and is subject to accountability and supervision by nations and peoples within the limits established by this Constitution.

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25.3. In its operations, the AI Regulatory Council is governed by this Constitution and Digital Legislation, as well as decisions of the State Parliament, United Nations resolutions, and International Digital Legislation, adopted in accordance with the AI Constitution, which is endorsed by the United Nations Security Council Resolution.

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25.4. The composition of the AI Regulatory Council is ratified by Parliament in accordance with this Constitution and Digital Legislation.

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25.5. The organization and procedure of activities of the AI Regulatory Council are delineated by a specific act of law.

 

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Article 26.

26.1. AI Synergetic Center, a state institution, serves as the executive body for the decisions of the AI Regulatory Council, and ensures the following:

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26.1.1. Sovereignty and independence of AI regulation, implementation of internal and external policies in the AI sphere, execution of the provisions of this Constitution and Digital Legislation;

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26.1.2. Ethical and safe utilization of AI for humankind;

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26.1.3. Implementation of state policy in the AI sphere regarding its acquisition, creation, implementation, development, utilization, disposal, and cessation;

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26.1.4. Development and execution of nationwide programs for the development and ethical utilization of AI;

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26.1.5. Governance and control over the implementation of AI in accordance with this Constitution and Digital Legislation;

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26.1.6. Drafting of legislative proposals and directives aimed at AI regulation;

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26.1.7. Execution of measures to affirm the rule of law and safety in the sphere of AI utilization;

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26.1.8. International cooperation in the sphere of AI;

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26.1.9. Coordination of the activities of bodies responsible for the implementation and control of AI;

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26.1.10. Execution of other powers as defined by this Constitution and Digital Legislation.

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26.2. The organization and procedure of activities of the AI Synergetic Center are determined by a specific act of law.

 

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Article 27.

27.1. The AI Arbitration Body exercises a state monopoly – supervision and control over the observance of this Constitution and Digital Legislation in the decision-making process of the AI Regulatory Council and in the activities of the officials of the AI Synergetic Center. The objective and task of the state monopoly over AI is to ensure:

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27.1.1. The unswerving adherence to and execution of the standards in the algorithmic sphere set by this Constitution and Digital Legislation by all AI systems in the state;

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27.1.2. The constant implementation of a state monitoring system for AI – automated analysis of data from all AI systems in the state;

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27.1.3. Steady support of optimization for all AI systems;

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27.1.4. Representation of the interests of a human, nations, peoples, the state or the state AI system in Digital Space, in Digital Life, in cases specified by law;

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27.1.5. Adherence to this Constitution and Digital Legislation by other algorithms, that do not have the status of AI, that carry out data analysis, as well as perform other tasks in Digital Life, in Digital Space;

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27.1.6. Compliance with this Constitution and Digital Legislation when AI algorithms are executed, as well as when enforced measures related to the restriction of digital freedom are applied in a judicial procedure or during a State of Emergency or Martial Law in the sphere of AI.

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27.2. The organization and procedure of activities of the AI Arbitration Body's activities are determined by a special law.

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The Triad of governing bodies, vested with the authority by the state to control and ensure the state monopoly over Artificial Intelligence, should be constructed as a judicious administrative system of checks and balances within the AI sphere. It is incumbent upon these state institutions to instantiate a systematic characteristic of mutual oversight and robust enforcement of governmental policy within the sphere of Artificial Intelligence. The primary objective of the aforementioned policy is the constitution of a benevolent Artificial Intelligence serving humanity

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In the same manner as we harness water at hydroelectric power stations, allowing it to flow exclusively through turbines generating power, so too must we algorithmically channel all the power of AI such that it ‘rotates the turbines’ within the domains of science, technology, medicine, and exactly those areas where it would contribute to the good of the humankind.

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The full text of the publication of the Artificial Intelligence Constitution by Polina Prianykova, considering the scale of the project, is planned to be presented in International Scientific and Practical Conferences in June-August 2023.

 

(The beginning and references are in Parts I [1], II [2], III [3]. Final installment is to be presented in Part V).

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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).

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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).

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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).

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Officially published on July 25-28, 2023, in Warsaw, Poland (Table of Contents, No.19 )

https://isg-konf.com/wp-content/uploads/2023/07/Modern-scientific-trends-and-youth-development.pdf

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© Copyright by Polina Prianykova_all rights reserved