Constructing a mutually supportive interface between ethics and regulation

Abstract When the word 'ethical' becomes synonymous with specious, you know that something is amiss. With each data governance scandal, with each creation of a corporate 'ethics board', 'ethical standards' seemingly lose a few more feathers, to the point of generating instant suspicion when invoked in any official report. We argue that a key challenge in this regard is to more precisely define the ethics-regulation interface. In order to do this, we first provide an overview of recent endeavours to develop ethical frameworks around technology. We then look at a successful process of refinement of the ethics-regulation interface: the case of healthcare ethics in the UK. The third section develops an account of what a more robust ethics-regulation interface could look like, which would support a process of cross-fertilisation between the political, ethical and legal approaches. Finally, the fourth and last section critically examines a ‘live’ implementation of such ethics-regulation interface, as put forward in Quebec's ‘Bill 29′.

[1]  Ben Wagner,et al.  Liable, but Not in Control? Ensuring Meaningful Human Agency in Automated Decision-Making Systems , 2019, Policy & Internet.

[2]  Urs Gasser,et al.  The Role of Professional Norms in the Governance of Artificial Intelligence , 2019, The Oxford Handbook of Ethics of AI.

[3]  C. Mouffe Deliberative democracy or agonistic pluralism , 2000 .

[4]  Charles D. Raab,et al.  Information privacy, impact assessment, and the place of ethics⁎ , 2020, Comput. Law Secur. Rev..

[5]  J. Montgomery Law and the demoralisation of medicine , 2006, Legal Studies.

[6]  Roger Clarke,et al.  Principles and business processes for responsible AI , 2019, Comput. Law Secur. Rev..

[7]  Elettra Bietti,et al.  From ethics washing to ethics bashing: a view on tech ethics from within moral philosophy , 2019, FAT*.

[8]  Michael Veale A Critical Take on the Policy Recommendations of the EU High-Level Expert Group on Artificial Intelligence , 2019, European Journal of Risk Regulation.

[9]  Thilo Hagendorff,et al.  AI, Governance and Ethics: Global Perspectives , 2020, SSRN Electronic Journal.

[10]  Bernd Carsten Stahl,et al.  Ethics and Privacy in AI and Big Data: Implementing Responsible Research and Innovation , 2018, IEEE Security & Privacy.

[11]  The possibility and risks of artificial general intelligence , 2019, Bulletin of the Atomic Scientists.

[12]  J. Miola,et al.  WHO'S IN CHARGE? THE RELATIONSHIP BETWEEN MEDICAL LAW, MEDICAL ETHICS, AND MEDICAL MORALITY? , 2015, Medical law review.

[13]  M. Jirotka Ethical Governance is essential to building Trust in Robotics and AI Systems , 2018 .

[14]  Natascha Just,et al.  Governance-Choice Method: In Search of the Appropriate Level of State Intervention , 2017 .

[15]  Thilo Hagendorff,et al.  The Ethics of AI Ethics: An Evaluation of Guidelines , 2019, Minds and Machines.

[16]  Seda Gürses,et al.  Privacy after the Agile Turn , 2016 .

[17]  Mary Neal “Not Gods But Animals”: Human Dignity and Vulnerable Subjecthood , 2012 .

[18]  M. Bovens Two Concepts of Accountability: Accountability as a Virtue and as a Mechanism , 2010 .

[19]  Milton L. Mueller Networks and States: The Global Politics of Internet Governance , 2010 .

[20]  Edward J. Eberle Human Dignity, Privacy, and Personality in German and American Constitutional Law , 1997 .

[21]  Bernard Williams,et al.  Ethics and the Limits of Philosophy. , 1988 .

[22]  J. Miola Medical Law and Medical Ethics-Complementary or Corrosive? , 2004 .

[23]  Kenneth W. Abbott,et al.  Hard and Soft Law in International Governance , 2000, International Organization.

[24]  Charles J. Simon Ethics and Artificial General Intelligence: Technological Prediction as a Groundwork for Guidelines , 2019, 2019 IEEE International Symposium on Technology and Society (ISTAS).

[25]  Ben Wagner,et al.  ETHICS AS AN ESCAPE FROM REGULATION. , 2018, BEING PROFILED.