Page 45 - Cyber Defense eMagazine July 2024

that collection and usage. AI systems should leverage privacy by design model with default protections
in place, such as only collecting data necessary for functionality in order to support the goal of trust and
transparency with AI.

Notice and Explanation

By now, the ongoing theme of transparency is clear. Understanding the operations of AI is critical for
ethical and true consent. AI should not be hidden, but rather, individuals should be clearly informed when
and how AI is being used with accessible, understandable, and technically valid language. By ensuring
that individuals grasp AI’s involvement, logic, and decision-making processes, more trust can be
established and potential issues like biases can be easier identified.

Human Alternatives, Consideration, and Fallback

While AI is advancing at an incredible rate, offering efficiencies and functionalities beyond human ability,
it does not eliminate the need for maintaining human oversight. When possible, individuals should have
the option for human intervention rather than depending solely on AI’s automated processes. While AI
has proven powerful and often effective, it’s not at the point where it should have sole discretion over
decisions that significantly impact lives, such as in healthcare, employment, or legal judgements. Fallback
or escalation processes to human for consideration should be in place for system failures, errors, and for
appeals of decisions made. These mechanisms are necessary for accessible, equitable, effective
treatment. By preventing an over-reliance on AI and providing human touchpoints, risks can be more
effectively mitigated, promoting accountability, trust, and transparency through these processes.

Regulatory Lag

While the framework above provides a solid foundation, it is simply a blueprint for the AI Bill of Rights –
true regulations can take years longer. Regulatory lag is not a new concept and with the pace of AI
advancements, the gap between AI, its concerns, and regulation will only grow. The EU has already
published the EU Artificial Intelligence Act which, much like GDPR, is likely to set the groundwork for
other regulations worldwide. With the power and trajectory of AI, perhaps it’s time for an international
governance body made up of diverse stakeholders (including governments, private businesses,
academics) to oversee development and deployment of AI with proactive regulation and global standards.
However, an attempt to push regulation may be viewed as stifling innovation, so there would be much
debate to be had.

For now, the principles in the Blueprint for an AI Bill of Rights provide a valuable framework for AI
designers and developers to safeguard the personal rights of users, while promoting fairness, safety, and
effectiveness of the tools. While many are focused on bringing the public the latest innovative
technologies, there must be a balance with accountability and liability to comply with the basic principles
of privacy, security, and fairness.

Cyber Defense eMagazine – July 2024 Edition 45
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