BRIDGING LEGAL LACUNAE:
AI PROTOCOL I
SUPRANATIONAL PROTOCOL ON
RESPONSIBLE AI USE AND LABOR RIGHTS
(Part I in a series of publications)
Polina Prianykova
President of the Global AI Center,
International Human Rights Defender on AI,
Author of the First AI Constitution in World History
In the burgeoning landscape of Artificial Intelligence, the rapid escalation in technological capabilities has precipitated a myriad of ethical, legal, and social quandaries that transcend national borders and conventional regulatory frameworks. The Global AI Center POLLYPRIANY, renowned for its academic contributions to the discourse on AI and human rights, has identified a critical lacuna in the global governance of AI labor relations and safety standards. Through extensive participation in International academic conferences and collaborative think tanks [1-3], the Center has discerned a pressing need for a harmonized global protocol that addresses these emergent issues with the acuity they warrant. This scholarly paper introduces the Supranational Protocol on Responsible AI Use and Labor Rights, a pioneering legislative framework designed to fortify the integration of AI into societal fabrics without compromising fundamental human rights and labor protections.
Keywords: Artificial Intelligence, AI Constitution, AI Regulation, International Law and AI, Supranational Legal Frameworks, AI and Human Rights, Global Labor Standards, Ethical AI Deployment, Labor Rights and AI, AI Risk Insurance, AI Deployment Certification, Cross-National AI Labor Council, House of Labor, Virtual Reality Job Simulation, AI Safety Standards, Harmonized AI Protocols, International AI Collaboration Oversight Committee, Global AI Safety and Rights Repository, AI Regulatory Council, AI Synergetic Center, AI Regulatory Arbitrators, Innovation Encouragement, Digital Personhood, Liability.
Prolegomenon & Antecedent Analysis. In October-November 2024, our Global AI Center POLLYPRIANY undertook a series of discussions focusing on the intersections of AI with various societal sectors. These engagements were geared toward understanding and addressing the multifaceted impacts of AI technologies. During this period, the Center conducted detailed analyses, partook in validation workshops, and consultations to explore and present our views on agenda items related to AI.
During the United Nations’ Multi-Stakeholder Hearing titled ‘Financing for Sustainable Development: Enhancing Indigenous Peoples’ Traditional Governance System for Accessing Opportunities of Financing’ on October 29, 2024, the Global AI Center POLLYPRIANY illuminated critical insights into the integration of Artificial Intelligence with indigenous governance systems [1]. Held at the UN Headquarters, the forum provided a platform to discuss the transformative potentials of AI in enhancing economic opportunities for indigenous populations worldwide.
President of the Global AI Center POLLYPRIANY addressed the gathering on the profound role AI can play in empowering indigenous communities. Citing recent Australian scholarly research, POLINA PRIANYKOVA noted that approximately 38% of the Indigenous population in Australia are unfamiliar with what generative AI entails. This gap underscores a global need for more inclusive AI education and engagement strategies. Our approach at the Global AI Center advocates for the proactive involvement of indigenous peoples in the development, maintenance, and evaluation of AI technologies, moving away from merely retrospective approvals.
Constitutional Commitments to Indigenous Empowerment:
The AI Constitution by POLINA PRIANYKOVA © 2023 enshrines principles designed to ensure that AI deployments respect and bolster the cultural and social frameworks of indigenous communities [10]:
Article 10.2 emphasizes the development of AI-driven tools that offer unique financing models, tailored to meet the specific needs of Indigenous communities, thus supporting their economic integration and empowerment.
Article 4.3 mandates the protection of cultural diversity and the recognition of the unique geographical and cultural identities of indigenous peoples, ensuring that their perspectives are integral in shaping AI developments.
The discussions underscored the necessity of a cooperative and inclusive approach to technological deployment, one that truly supports and enhances the heritage and rights of indigenous peoples globally.
In the evolving discourse on AI, the intersection of technology and social equity is gaining unprecedented focus. A critical juncture in this discussion was reached during the UNESCO Women4Ethical AI initiative held at UNESCO HQ in Paris, France, on October 30, 2024 [2]. This initiative highlighted the pressing need for AI frameworks that not only advance technology but also foster gender equality, resonating with the principles embedded in the AI CONSTITUTION by POLINA PRIANYKOVA © 2023, as demonstrated by the following key articles:
Articles 1.1 - 1.9: Safeguarding Human Dignity and Inclusivity
1.9.1 and 1.9.3 specifically mandate state actions to protect employment and enhance educational opportunities in AI, crucial for women’s integration into tech fields. The emphasis on safety and protection from adverse AI repercussions aligns with creating a non-discriminatory and inclusive work environment, crucial for female professionals.
Article 2: Governance and Transparency
Article 2.1 promotes transparency and openness, essential for fostering an environment where gender biases in AI programming and deployment can be openly discussed and rectified.
Articles 3 and 4: Ethical Norms and Cultural Inclusivity
4.1 – 4.6 address the development of AI systems that recognize cultural and linguistic diversity, supporting global access and inclusivity, which is pivotal in supporting women from diverse backgrounds in tech roles.
Article 6: Cybersecurity and Protection
6.1 focuses on protecting the digital ecosystem, which indirectly supports safer online spaces for women, often targets of cyber harassment.
Article 9: Global Standards and Responsibilities
This article’s focus on adhering to international norms and enhancing AI functionality without compromising human rights underpins the necessity of including women in AI development processes to avoid gender-biased algorithms.
Article 10: Equity and Non-Discrimination
10.3 insists on the equal service of AI systems to all individuals, regardless of gender, promoting an equitable tech environment.
Each of these principles demonstrates a proactive approach to integrating gender equality into the fabric of AI development and governance. And this list is not exhaustive.
It is also salient to acknowledge the invaluable contributions of the distinguished conference speakers, whose visionary ideas have illuminated this forum. The alignment and resonation of the insightful contributions with the principles outlined in the AI Constitution is both affirming and inspiring. It is a testament to the global community’s shared commitment to fostering an AI ecosystem that is not only technologically advanced but also deeply rooted in the values of inclusivity and equality.
In the recent African Union’s Validation Workshop of the Implementation Plan of the AU Continental Strategy on Artificial Intelligence, held online from November 6th to 8th, 2024, the Global AI Center POLLYPRIANY engaged deeply with the discourse on the evolving landscape of AI governance [3]. During these discussions, the Center made a critical observation about the broader implications of AI on the workforce.
We recognize and want to reiterate the diligent commitment of the African Union which is conspicuous in its targeted policies, inter alia in terms of indigenous languages incorporated in algorithmic trainings, tectonic shifts in education & professional retraining, security of private data, gender equality – all these aspects and given exemplary attention, but the fact that the potential NOVEL VULNERABLE group of people on the continent – literally all the representatives of all the professions may be jeopardized – is not directly stipulated and taxonomized and, hence this clarion call may not stand in the agenda of the relevant oversight authority.
Thus, the genesis of this Protocol can be traced to a confluence of technological advancements and evolving labor paradigms that have highlighted significant gaps in existing international law concerning AI. Traditional labor laws and safety regulations may prove inadequate in preempting or redressing the disruptions occasioned by AI in the workforce. Prior scholarly works and legislative attempts have typically approached AI regulation through piecemeal amendments to existing laws or the establishment of non-binding ethical guidelines, which lack the enforceability required to manage the pervasive influence of AI technologies effectively, as we stated in our prior academic research [4-9].
Moreover, an analysis of previous frameworks reveals a tendency towards reactive rather than proactive governance, with policies often lagging behind technological developments. This lag not only exacerbates the risks associated with AI deployment –ranging from unemployment due to automation to ethical dilemmas surrounding digital personhood – but also stymies potential benefits in sectors such as healthcare, education, and public administration – and this list is far not exhaustive.
Strategic Imperatives. In response, the Supranational Protocol crafted by the Global AI Center POLLYPRIANY proposes a comprehensive, binding framework that integrates the principles of equity, transparency, and accountability into AI deployment and governance. The Protocol aims to preemptively address the ethical and labor-related challenges posed by AI, ensuring that technology augmentation does not come at the expense of human dignity or societal welfare. The initiative aforementioned reflects an acute awareness of the dynamic interplay between technological progress and human values, advocating for a legislative approach that is both visionary in its scope and grounded in practical enforceability.
Proposed Framework:
Supranational Protocol on Responsible AI Use and Labor Rights
Preamble
Whereas the rapid development and deployment of Artificial Intelligence technologies demand a globally coordinated effort to ensure they enhance rather than compromise human rights and labor protections;
Acknowledging the fundamental rights and dignity of all humans as paramount, and recognizing the potential of AI to both support and challenge these rights;
Desiring to create a harmonized framework for the ethical use of AI that prioritizes human safety, rights to labor, and the maintenance of human dignity across all spheres of life;
Recalling the principles and spirit of the AI Constitution, authored by POLINA PRIANYKOVA, which establishes the framework for the coexistence of humankind and AI, emphasizing the supremacy of human rights, the importance of an AI-friendly environment, and the integration of AI into society under strict ethical, legal, and humanistic guidelines;
Hereby, the parties to this Protocol agree to uphold and integrate these principles, ensuring that AI’s deployment aligns with the lofty objectives of enhancing human capabilities without infringing upon human dignity and rights, fostering an environment where Artificial Intelligence operates not only as a technological asset but as a beneficent entity in the global society, adhering to the highest standards of legality, ethics, safety, and human rights as stipulated by the AI Constitution and this Protocol.
The parties to this Protocol agree as follows:
Article I – General Principles
1. Purpose: This Protocol, inspired by and in the spirit of the AI as framed by POLINA PRIANYKOVA under the auspices of the United Nations, establishes international legal standards for the use of Artificial Intelligence (AI). It aims to ensure AI operates within frameworks that uphold legality, ethics, safety, and human rights, thus supporting the development of AI as a beneficial and integrated aspect of global society.
2. Scope of Application: The provisions of this Protocol apply universally to all AI-related activities, irrespective of the technological sophistication or the sector of deployment. This universal applicability ensures that AI operations, from autonomous systems in localized devices to global AI in vast networked environments, adhere to the same high standards of operation as delineated by the AI Constitution and this Protocol.
3. Human-Centric AI Design and Deployment:
3.1 Ethical AI Development: AI shall be developed and deployed with a mandatory prioritization of human safety, dignity, and rights. It should enhance human capabilities without replacing human labor in sectors where ethical standards or human dignity could be compromised.
3.2 Rights of Digital Personhood: AI that qualifies for a status akin to Digital Personhood shall be endowed with specific rights and obligations tailored to prevent the erosion of human dignity or societal welfare, congruent with the stipulations of the AI Constitution.
3.3 Proactive AI Benefit Sharing: Efforts shall be directed to ensure that AI’s benefits are shared equitably across all strata of global society, contributing to a reduction in inequality and supporting sustainable development goals.
4. Adherence to International Standards and Local Compliance:
4.1 Regulatory Conformity: All AI entities must operate in strict conformity with both international digital laws and local legislation, promoting a safe and lawful integration of AI technologies worldwide.
4.2 Continuous Monitoring and Adaptation: Mechanisms shall be put in place for the continuous monitoring of AI developments, with periodic reviews and updates to regulations to adapt to new technological realities and societal impacts.
5. Innovation and Ethical Progression:
5.1 Encouragement of Ethical Innovation: The Protocol encourages innovation in AI technologies and applications that are aligned with ethical standards and promote human welfare, particularly in areas of public health, education, and environmental sustainability.
5.2 Ethical Boundaries of AI Deployment: Innovations in AI shall not extend to applications that manipulate, harm, or unduly influence human populations or individual freedoms, adhering to the AI Ethics Principle of neutrality and objectivity.
6. Transparency and Public Trust:
6.1 Transparency in AI Operations: Transparency in AI operations is imperative, ensuring that all AI-related decisions, especially those affecting public rights and freedoms, are conducted openly and are amenable to public scrutiny and debate.
6.2 Building Public Trust: Efforts shall be made to foster public understanding of AI technologies and their impacts, building trust through education, open dialogue, and participatory decision-making processes.
7. Global Cooperation and Oversight:
7.1 Establishment of a Global AI Regulatory Council: A Global AI Regulatory Council shall be established, comprising international representatives to oversee the strategic development of AI norms and standards, ensuring global interests and humanistic values are preserved.
7.2 Cross-Border Data Flows and AI Management: Special attention shall be given to managing cross-border data flows and the global operation of AI systems, ensuring that such operations do not contravene the sovereign laws of nations or the rights of individuals.
Article II – Labor Rights and AI
1. Inviolability of Human Labor:
1.1 Prohibition of Replacement in Protected Sectors: No Artificial Intelligence system shall replace human labor in sectors designated as protected, where the intrinsic value of human judgment and interaction is paramount. These sectors shall be defined and periodically reviewed by competent authorities.
1.2 Controlled Integration in Permissible Sectors: In sectors deemed permissible for partial AI integration, such deployment shall be meticulously regulated to ensure it complements human efforts without inducing workforce redundancy. Parameters for such integration shall be clearly defined and enforceable under national laws.
1.3 Complete Replacement in Hazardous Conditions: AI may wholly replace human labor exclusively in scenarios classified legally as extremely hazardous, where human health and safety are at significant risk. Such conditions include, but are not limited to, roles in hazardous environments, roles requiring exposure to toxic substances, and other high-risk industrial tasks. Determinations of such conditions shall be made by a duly authorized body and are subject to stringent oversight and regular reassessment.
2. Social Support and Retraining:
2.1 Comprehensive Social Support Measures: Individuals displaced or economically affected by AI integration are entitled to robust social support, including but not limited to:
2.1.1 Retraining Initiatives: State-sponsored retraining programs designed to equip affected workers with skills relevant to emerging job markets influenced by AI technologies. These programs shall incorporate advanced training tools, including Virtual Reality (VR) simulations, to provide immersive, practical training experiences that closely mimic real-world job environments.
2.1.2 Economic Compensation: Financial support shall be provided to ensure that individuals affected by AI displacement receive an income not less than their income prior to displacement. Alternatively, a supplemental income shall be provided to bring their reduced income up to its previous level, thus mitigating the economic impact of job transition.
2.1.3 Health Benefits: Continuous access to medical insurance or equivalent benefits shall be maintained for individuals affected by AI-related job displacement. This includes psychological support and counseling to help individuals cope with career transitions and the stress associated with adapting to new employment landscapes.
2.2 Integration of Virtual Reality Job Simulation:
2.2.1 Application in Retraining: Virtual reality technology shall be integrated into retraining programs to simulate job roles that are expected to see significant AI integration. This will enable trainees to develop hands-on experience and familiarity with AI tools and environments, enhancing their adaptability and employability.
2.2.2 Continuous Update and Development: VR simulation content shall be continuously updated to reflect the latest AI advancements and job market requirements, ensuring that the training remains relevant and effective.
2.3 Monitoring and Enforcement:
2.3.1 Establishment of an Oversight Body: The Cross-National AI Labor Council (hereinafter referred to as the ‘House of Labor’) shall serve as the oversight body responsible for ensuring the implementation, continuous monitoring, and regular assessment of social support mechanisms. This body will also be tasked with adapting support measures to evolving labor market conditions influenced by AI advancements. The House of Labor will coordinate with national labor agencies to ensure a harmonized approach to labor standards and worker protection across member states.
2.3.2 Regular Reporting and Evaluation: The House of Labor shall regularly report on the effectiveness of social support measures, including the success of retraining programs and the integration of VR simulations into workforce development. These reports must be comprehensive and include quantitative and qualitative metrics to evaluate the reach and impact of such programs. Based on these evaluations, the House of Labor will provide recommendations for legislative or policy adjustments, aiming to optimize support strategies and ensure that they are responsive to the dynamic needs of the workforce affected by AI deployment.
2.3.3 Data Privacy and Security Measures: Implement stringent data privacy and security measures to protect all data collected and processed through social support and retraining initiatives. Establish protocols for anonymization, secure data storage, and restricted access to ensure that individual and corporate data confidentiality is maintained. These measures will safeguard sensitive personal information and comply with international data protection standards, fostering trust among participants and stakeholders.
2.3.4 Enhanced Transparency and Stakeholder Engagement: Enhance transparency in the operations of social support mechanisms by engaging a broad spectrum of stakeholders in the evaluation and improvement process. This includes workers, labor unions, industry representatives, and AI ethics advocates. Stakeholder forums and public consultations will be held regularly to gather diverse insights and feedback, which will be integral to refining support programs and ensuring they are equitable and effective.
3. Education and Prognostication:
3.1 Mandatory Educational Forecasting: All accredited educational entities are mandated to furnish both prospective and enrolled students and their legal representatives with rigorous, quantitatively substantiated forecasts pertaining to the viability of professions within the rapidly transforming job market influenced by AI technologies. These reader-friendly forecasts shall include, but are not limited to, detailed statistical analyses, trend projections, and sector-specific employment outlooks, thereby enabling students to make well-informed decisions regarding their future educational and professional paths.
3.2 Informed Choice in Education:
3.2.1 Prohibition of Training for Non-Viable Professions: It is hereby prohibited to offer or continue educational programs and training for professions determined to lack viable employment opportunities in the foreseeable future within the AI-impacted economic landscape, except under extenuating circumstances that justify such educational pursuits for reasons of cultural preservation, public interest, or other significant societal considerations.
3.2.2 Informed Consent for High-Risk Professions: Individuals electing to engage in educational programs directed towards high-risk professions — those susceptible to rapid obsolescence yet integral to addressing critical societal needs, including but not limited to emergency responses to AI-related incidents — shall be provided with exhaustive disclosures regarding the occupational hazards, potential for professional displacement, and the probabilistic employment trajectory post-training. Prior to admission into such programs, candidates must execute an informed consent agreement, duly acknowledging their comprehensive understanding of the profession’s precariousness and their voluntary assumption of associated risks.
3.2.3 Continuation of Essential Skills: Notwithstanding the risk of obsolescence, training programs essential for the maintenance of public safety, security, and welfare — including those preparing individuals for roles pivotal in managing AI systems and responding to AI-centric emergencies — shall continue to receive institutional support. This provision ensures the perpetuation of indispensable skills critical to national security and public safety, facilitating a strategic reserve of trained professionals capable of interfacing effectively with AI technologies under adverse conditions.
4. Mandatory AI Risk Insurance:
4.1 Insurance Requirement: All entities deploying Artificial Intelligence technologies at a scale or in capacities that significantly impact socio-economic structures must secure AI risk insurance. This insurance must comprehensively cover both the direct and indirect economic and social costs attributable to potential failures or disruptions caused by such technologies. Coverage should sufficiently compensate affected workers and communities, thereby serving as a robust safety net for AI-induced contingencies.
4.2 Enforcement: Enforcement of this insurance mandate shall fall under the jurisdiction of respective national AI regulatory authorities. These bodies are tasked with rigorous oversight and enforcement, ensuring full compliance with insurance coverage standards. They shall implement periodic audits and require disclosures from insured entities to verify adherence to the mandated insurance requirements.
5. AI Deployment Certification:
5.1 Certification Process: A formal certification process shall be instituted for entities that demonstrate adherence to the highest standards of ethical AI deployment. The process will evaluate compliance with established best practices concerning AI ethics, labor impacts, and integration strategies. The certification protocol will be developed in alignment with globally recognized standards, akin to ISO certifications but specifically tailored to ethical AI deployment.
5.2 Certification Benefits: Certification under this scheme will confer recognized status on compliant companies, showcasing their commitment to ethical AI practices. This recognition will not only enhance their global competitiveness but also foster greater operational transparency. Certified entities will be publicly listed in an international registry maintained by the Global AI Safety and Rights Repository, accessible to consumers, investors, and regulatory bodies, thereby facilitating informed decision-making and fostering a trustworthy AI ecosystem.
6. Reporting and Compliance:
6.1 Annual Compliance Reporting: Each state party is required to submit detailed annual reports on the implementation of labor protections, which include data on AI integration impacts, the efficacy of social support systems, and compliance with educational forecasting requirements. These reports shall be submitted to the AI Regulatory Council, which will subsequently direct the reports to the designated House of the Council for review. Upon approval, these reports must be uploaded to the Global AI Safety and Rights Repository to ensure transparency and accessibility. Further details on repository functions and access are stipulated in the related articles of this Protocol.
6.2 Independent Audits: To ensure the faithful application of this Protocol’s provisions, regular independent audits will be conducted. These audits are crucial for verifying compliance particularly regarding labor protections and the integration of AI in the workforce. Audit findings will also be documented and shared through the Global AI Safety and Rights Repository to maintain a record of compliance and to facilitate corrective actions where necessary.
To be continued.
The continuation will be featured in the upcoming installments of the publication series.
References:
1) United Nations’ Multi-Stakeholder Hearing ‘Financing for Sustainable Development: Enhancing Indigenous Peoples’ Traditional Governance System for Accessing Opportunities of Financing’, October 29, 2024. Available at: https://www.prianykova-defender.com/global-ai-center-indigenous-peoples-and-ai (Accessed: November 10, 2024).
2) UNESCO Women4Ethical AI initiative & AI CONSTITUTION by POLINA PRIANYKOVA © 2023, October 30, 2024. Available at: https://www.prianykova-defender.com/unesco-oct-30-2024-women4ethicalai (Accessed: November 10, 2024).
3) African Union’s Validation Workshop of the Implementation Plan AU Continental Strategy on Artificial Intelligence, November 06-08, 2024. Available at: https://www.prianykova-defender.com/au-november-07-2024-validation-workshop (Accessed: November 10, 2024).
4) Prianykova, P. 2022. ‘Voluntary global acceptance of fundamental Human Rights’ limitations in the age of AI automation and deployment of trailblazing technologies.’ December 13-16, Boston, USA. Available at: https://www.prianykova-defender.com/labour-law-world-economy-ai (Accessed: November 10, 2024).
5) Prianykova, P. 2023. ‘Prognostication of Future Professions as a Guarantee of Human Rights Protection in the era of Artificial Intelligence.’ February 21-24, Stockholm, Sweden. Available at: https://www.prianykova-defender.com/prognostication-of-future-professions-ai (Accessed: November 10, 2024).
6) Prianykova, P. 2023. ‘AI as a watershed moment for artistic spheres: Ethical & Legal quandaries that may be addressed by the Enactment of Polina Prianykova’s Scientific & Academic Doctrines on AI: Adoption of AI Constitution, Implementation of AI into the Worldwide Legislation and Establishment of State Monopoly on AI.’ May 09-12, Bilbao, Spain. Available at:https://www.prianykova-defender.com/artistic-vocations-and-ai (Accessed: November 10, 2024).
7) Prianykova, P. 2023. ‘AI Constitution – Theses, Principles, and Provisions of the Fundamental Law on Artificial Intelligence.’ October 31 - November 03, Copenhagen, Denmark. Available at:https://www.prianykova-defender.com/ai-constitution-theses-principles-provisions (Accessed: November 10, 2024).
8) Prianykova, P. 2024. ‘AI Constitution, AI and New Job Horizons: Shaping Strategic International Workforce Policies for Human and Robotic Integration, inter alia into the Realm of Cybersecurity, in Times of Crisis and Change.’ April 23 - 26, 2024, Zagreb, Croatia. Available at: https://www.prianykova-defender.com/ai-constitution-cybersecurity-jobs (Accessed: November 10, 2024).
9) Prianykova, P. 2024. ‘Debut of the Global Ai Center POLLYPRIANY at the Africa-Japan Youth Drive-2024: Participation, Analysis and Research of Strategies, Prospects, and Innovations, inter alia 統合イノベーション戦略.’ August 27 – 30, 2024, Bergen, Norway. Available at: https://www.prianykova-defender.com/debut-of-the-global-ai-center-pollypriany-africa-japan-youth-drive-2024 (Accessed: November 10, 2024).
10) Prianykova, P. 2024, AI Constitution, FrancoPak, Kyiv, 392 pp. Available at:https://www.prianykova-defender.com/ai-constitution-full-version-polina-prianykova (Accessed: November 10, 2024).
Officially Published: November 12 – 15, 2024, Seville, Spain (Table of Contents, №29)
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