Termination for Cultural Misalignment: Setting up Contract Terms to Ensure Community Well-Being in the Development of AI
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Termination for Cultural Misalignment: Setting up Contract Terms to Ensure Community Well-Being in the Development of AI Lorenn P. Ruster 1
& Gavin
Brown 1
Received: 1 February 2020 / Accepted: 2 October 2020/ # Springer Nature Switzerland AG 2020
Abstract A contractual mechanism to protect and amplify the interests of Indigenous community well-being in the development of Artificial Intelligence (AI) that affects them is investigated. Our proposal explores the need for a legal mechanism that recognizes the importance of cultural knowledge and ways of being and doing, acknowledging that these can be in tension with the (potentially myopic) goals of AI development. We outline the pre-conditions for such a legal mechanism to be possible, including some of the core components that could give rise to a termination for cultural misalignment, as well as the supporting types of governance structures and operating principles such a legal mechanism may engender. We discuss how the establishment of such a mechanism in contracts forces procurers of AI technology development services, and therefore developers of AI technology systems themselves, to adopt and enact principles by which they will work to protect and enable community wellbeing, thereby instigating important behavior change. Consideration is given to the types of knowledge, skills and training that would be required to implement such a mechanism successfully. This essay has a particular emphasis on working to ensure Indigenous community well-being in the development of AI, however there are also applications for other communities. Keywords Community well-being . Indigenous . Contracts . Governance . Collaboration .
AI
* Lorenn P. Ruster [email protected] Gavin Brown [email protected]
1
PricewaterhouseCoopers Indigenous Consulting, Sydney, Australia
International Journal of Community Well-Being
Artificial Intelligence (AI) has the potential to enable community well-being at scale (Walsh et al. 2019). Equally it has the potential to threaten community well-being, including the erosion of self-determination (Cowls and Floridi 2018). The development and application of AI risks further embedding existing structures of inequality and further entrenching systems of disadvantage (Crawford et al. 2019). Populations considered vulnerable such as Indigenous populations, are most at risk of experiencing the negative impacts of AI relating to bias, stigma and accountabilities, both now and in the future (Walter and Kukutai 2018). There are many examples where AI is already threatening the well-being of Indigenous populations around the world through misrepresentation and bias (Oak 2016). Examples of negative consequences include policing algorithms being more likely to target areas where minorities are located or algorithms which predict higher rates of recidivism in Indigenous or African American offenders (Walter and Kukutai 2018). For the purposes of this paper, Artificial Intelligence (AI) is considered in the context of technology development processes. W
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