A Critical Look at the State Department's Risk Management Profile

The US needs to seize this moment to set a global standard for responsible and ethical AI, ensuring that technological progress upholds and advances human rights.

Jeffrey Wells, Visiting Fellow, National Security Institute at George Mason University's Antonin Scalia Law School

August 19, 2024

4 Min Read
The word RISK spelled out on wooden tiles; a hand touches the K
Source: Andriy Popov via Alamy Stock Photo

COMMENTARY

The recently unveiled "Risk Management Profile for Artificial Intelligence and Human Rights" by the US Department of State positions itself as a timely and essential framework addressing the growing intersection of these two areas. It reads as if the US does not wish to be the AI and human rights leader. While its holistic approach to integrating human rights into AI governance is commendable, several critical aspects necessitate a closer examination to ensure the framework is more than merely an aspirational document.

High-level goals and standards are necessary, but effective implementation and enforcement are the real challenge. Ensuring compliance among diverse stakeholders, including private sector entities and international partners, is inherently complex and requires robust mechanisms. Without concrete enforcement strategies, the guidelines are mere rhetoric devoid of practical impact.

The effectiveness of this framework will hinge on the development of stringent monitoring systems and clear accountability measures. Private companies, driven by profit motives, may find adherence to rigorous human rights standards burdensome unless significant incentives or penalties are implemented. International cooperation presents additional difficulties, as each country has different priorities and commitment levels to human rights. Navigating these challenges necessitates robust multilateral agreements and enforcement bodies capable of holding all parties accountable. All of this needs to be addressed in the profile.

Finding a Balance

Finding the right balance between fostering innovation and imposing necessary regulations to protect human rights is a perennial challenge in technology governance. Over-regulation could stifle technological advancement, potentially causing the US to fall behind in the global AI race. However, under-regulation might lead to significant ethical and human rights issues, such as the perpetuation of biases and the misuse of surveillance technologies, which could have serious societal implications.

Therefore, the risk management profile must be redrafted to remain agile and adaptable, promoting innovation while ensuring that ethical standards are met. This requires a nuanced approach that can dynamically adjust to the rapid pace of AI development. Policymakers must work closely with technologists and ethicists to create a regulatory environment that encourages ethical innovation rather than hindering progress. It's crucial to remember that the risk management profile is not a static document but a living framework that should evolve with the changing landscape of AI.

Achieving a global consensus on AI governance is challenging. Countries have varying priorities, legal frameworks, and cultural perspectives on human rights. While the US may emphasize privacy and individual freedoms, other nations like China might prioritize state security or economic development. This divergence makes it challenging to establish international standards that are both effective and broadly accepted.

The State Department's framework must engage in continuous diplomatic efforts and be willing to compromise to build a cohesive global strategy. This involves setting high standards and fostering international dialogues that can bridge differences. Multilateral organizations, such as the United Nations and the Organisation for Economic Co-operation and Development (OECD), play a critical role in these efforts, and the US should maximize its involvement to create a unified approach to AI governance.

One of AI's critical risks is its potential for bias and discrimination. The risk management profile acknowledges this but needs to provide more detailed strategies for identifying and mitigating these risks in AI systems. Inclusivity in AI development is a moral and practical necessity for creating fair and unbiased technologies.

The framework should advocate for diverse AI research and development teams representation to address bias. Diverse teams are more likely to identify and mitigate biases that homogeneous groups might overlook. There should be an emphasis on creating transparent AI systems where non-experts can audit and understand decisions. This transparency is not just a feature but a necessity for building trust and accountability in AI technologies, which are crucial for successfully implementing the risk management profile.

AI Governance World Leader

The imperative is clear: The US must act decisively to lead the world in ethical AI governance. This requires a comprehensive approach that includes relentless vigilance, balanced innovation and regulation, global alignment, and a strong focus on addressing bias and inclusivity. The time for action is not tomorrow; it is today. Let us seize this moment to set a global standard for responsible and ethical AI, ensuring that technological progress upholds and advances human rights. The world is watching, and we must rise to the occasion. The time for action is now.

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About the Author

Jeffrey Wells

Visiting Fellow, National Security Institute at George Mason University's Antonin Scalia Law School

Jeffrey Wells is a distinguished cybersecurity, technology, and geopolitical risk leader with over 35 years of experience. His expertise is crucial in addressing cyber threats with significant geopolitical and security implications. Wells is a Visiting Fellow at George Mason University's Cyber and Tech Center (CTC) and a Truman National Security Project Defense Council Fellow.

He has extensive experience helping organizations design and operationalize cyber resiliency strategies, programs, incident response, and instituting business continuity worldwide.

As a founding partner of the NIST's National Cybersecurity Center of Excellence and a Visiting Fellow at the National Security Institute, Jeffrey is proficient in deploying and operationalizing cybersecurity standards and best practices in the full spectrum of IT/OT and infrastructure ecosystems.

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