Why the Indian Bid to Make GPAI an AI Regulator is Unpreprared

Welcome to the July edition of Visual Legal Analytica (VLA.DIGITAL). It's been two years since the foundation of the VLA.DIGTAL initiative by Indic Pacific Legal Research LLP .

To commemorate the second anniversary of Visual Legal Analytica, I am glad to discuss India's recent bid to make GPAI an AI regulator in the recent Global Partnership on Artificial Intelligence Summit 2024 / Global IndiaAI Summit 2024 held on July 3, 2024. You can read my detailed policy brief on India's GPAI-as-a-regulator bid here.

India has taken a bold step in proposing the elevation of the Global Partnership on Artificial Intelligence (GPAI) to an intergovernmental body on AI. This strategic move emphasizes the importance of first-mover advantage in public international law. However, it also raises critical questions about the current approach to AI policy in India.

While the enthusiasm surrounding India's bid is commendable, the sole reliance on the Ministry of Electronics and Information Technology (MeitY) to handle AI policy and GPAI may not be sufficient. Effective governance in AI requires a multi-stakeholder approach. The adage "fake it till you make it" might work in business, but it falls short in the realm of governance. Restructuring MeitY to better handle AI policy, in collaboration with other governmental and non-governmental entities, is imperative before advancing GPAI's transformation. ????

Moreover, the timing of establishing a global AI regulator is debatable. The rapid evolution of AI technologies necessitates a different approach. As Gary Marcus aptly suggested, an International AI Agency akin to CERN, dedicated to independent research and free from market influences, would be more beneficial than a regulatory body at this stage. ????

Another critical aspect is the role of the Global South in AI governance. While India's leadership in advocating for the Global South is notable, questions remain about its commitment to representing the interests of African and Southeast Asian countries. Addressing the moratorium on digital goods at the WTO is one such challenge that requires careful consideration and diplomacy. ?????

Historically, countries like China with WIPO and ITU, the US and Soviet Russia in Space Law, and France in WIPO and ICAO have leveraged similar strategies to gain influence in international organizations. However, unlike these nations, India faces significant capacity-building challenges in AI. ?????

To maximize its potential, India should propose transforming GPAI into an international AI agency rather than a regulator. This approach aligns with India's success in Digital Public Infrastructure (DPI) and could position India as a global leader in AI governance. ????

Let's champion a collaborative, research-focused approach to AI governance that fosters innovation and addresses global challenges effectively. ????

Read the complete analysis of India's bid at https://www.indicpacific.com/post/why-the-indian-bid-to-make-gpai-an-ai-regulator-is-unpreprared

Thanks for reading this month's Visual Legal Analytica.

• You can follow our work on India's first AI Regulation proposal, aiact.in Version 3 at indicpacific.com/ai. Feel free to send your comments / feedback points at [email protected].
• You can also read our infographic reports and other key publications at indopacific.app/store.