Japan’s Response to New Technologies
Draft Artificial Intelligence Research and Development Guidelines for International Discussions
Abstract
The article considers the “Draft Artificial Intelligence Research and Development Guidelines for International Discussions” (hereinafter: AI R&D Guidelines), published in 2017 by a study group of the Ministry of Internal Affairs and Communication, namely by the Conference toward AI Network Society. It begins by giving an overview of the development process and then analyses the content of these Guidelines, in particular its nine Principles. While these are formulated in an almost prescriptive tone, they are actually intended as non-binding guidelines for the development of AI systems. This aim is reflected in the five Basic Philosophies, which precede the Principles in the Guidelines. The Principles are addressed to developers of AI systems and cover various aspects, as indicated by their names: collaboration, transparency, controllability, safety, security, privacy, ethics, user assistance and accountability. As the commentary on these Principles reveals, the Guidelines propose a framework that ensures compatibility of AI systems, mitigates risks associated with AI, increases the acceptance of AI by its users and holds developers accountable to stakeholders.
Based on this information, the article addresses the question of why the form of non-binding, state-induced self-regulation was chosen over legally binding norms. This seems to be linked strongly to the Japanese approach towards the development of new technologies, according to which a strict liability regime is usually not adopted. Indeed, the AI R&D Guidelines follow this approach. Conversely, the Japanese government has been unusually proactive in the international discussion of AI systems. The article’s depiction of policy-making in Japan, where discussions are often held by study groups established by a ministry councillor rather than under a legal measure, further helps to explain the choice for the form of the Guidelines. The extent to which Japan’s initiative is successful remains to be seen.
(The Editors)
