Human rights and law in the age of artificial intelligence

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<b>HUMAN RIGHTS AND LAW IN THE AGE OF ARTIFICIAL </b>

<b>INTELLIGENCE </b>

<i><b>Associate Prof. Minh Tuan Dang </b></i>
<i><b>VNU School of Law Hanoi </b></i>

<b>Introduction </b>

There is not a widely accepted definition of aartificial intelligence (AI), but it is often
understood in many different ways.633 With the extremely rapid development of technology,
the concept of AI changes, develops and expands constantly. In general, the meaning of AI
includes a series of computational techniques and associated processes used to improve the
ability of machines to perform intellectual tasks, such as pattern recognition, computer vision,
and language processing.634 It also can predict the future and solve the complex tasks.

AI brings a great value to the human development, but it also creates substantial risks
and harms for humans. The negative impact of AI on human rights have recently attracted the
attention of some international organizations, institutions and States. It may be too far to
conclude that AI will enslave people, even one day it will destroy people, but it is widely
accepted that AI systems have both positive and negative on human rights. In both cases, it is
indispensable to find ways to promote positive points, while limiting risks and negative
impacts of AI on people and human rights.635

One of the most effective ways is to adopt a system of rules to control AI systems.
Law should play a central role in protecting human rights in the age of AI. However, the
development of AI not as a normal technology makes AI regulating become a difficult task.
The aim of this article is to examine the question of human rights and law in the age of AI. By
recognizing the link between AI and human rights (I), the paper points out the negative
impacts of AI on human rights (II), and at last it point out difficulties and challenges of law in
the age of AI (III).

<b>1. The link between AI and Human Rights </b>

Why does AI affect human rights? The link between AI and human rights is reflected
in some following aspects:

First of all, the fact that AI replaces humans and engages in many areas of human life
creates problems relating to human rights. The non-infringement into human life is the central
matter of human rights. However, AI replaces humans, engages, or even dominates human
life raising concerns for people and human rights. There are some following basic concerns:

633

Read more: Nguyen Thanh Thuy, Ha Quang Thuy, Phan Xuan Hieu, Nguyen Tri Thanh, "Artificial intelligence in the
Digital Age: World context and Link with Vietnam" (Trí tuệ nhân tạo trong thời đại số: Bối cảnh thế giới và liên hệ với
Việt Nam),

634

National Science and Technology Council: Committee on Technology, ―Preparing for the Future of Artificial Intelligence,‖
Government Report (Washington, D.C.: Executive Office of the President, October 2016).

635_{Artificial intelligence Will "Enslave" Human Beings (Trí tuệ nhân tạo sẽ ―nơ lệ hóa‖ con người),}

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How are human morality and values in relation to AI? Can AI have the similar morality and
values as humans? How are those morality and values of humans affected by AI? Is there any
existence of equality with the engagement and intervention of AI? What are the consequences
on human rights if AI is abused and dominated by economic power or dictatorship?636 Those
problems may never be solved and still exit as a part of society. However, it is clear that they
create real concerns for human life and human rights.637

Secondly, AI is not only understood under the term of technology but also under the
term of society. It includes technology systems which are used, absorbed and impacted on
social life. All of AI aspects are put in a social context and have directly influence to the
society. AI appears more and more in many different parts of our life, such as criminal justice,
finance, healthcare, education, human resources, and online content moderation. It brings
many benefits and values to people, contributes to the implementation of human rights,
however, it also remains several negative impacts.638

Thirdly, the inherent disadvantages of AI can create the risk affecting to human rights
implementation. AI development bases on existing technologies but it causes more problems
and dangers than the previous ones, particularly for accountability and trust.

Using AI for decision-making based on complicated and sophisticated algorithms is
hard for people to comprehend, and they cannot track, trace and seek the origin where AI‘s
decisions or recommendations stem from. Humans create AI to help them making decision
and suggestions, but it is highly challenging for them to know or understand how AI can
behave like the way it does. This issue generates some huge problems related to transparency
and accountability.639

In similar with other technology, AI also has errors. It is more dangerous when AI is
considered to be a very accurately systems, even more than humans, so the results from AI are
often placed at a high level of reliability. Moreover, the workings of AI based on the data,
thus it lacks or limits the awareness of how those decisions and suggestions are made in
particular circumstances. For this reason, in case when error happens, people still believe to
use the wrong results, which causes serious influences to their life and rights. In fact, there are
some case studies about this problem, for instance, the face recognition system of Google
Photo 2015 was found to have a terribly error: it was occasionally labeling photos of black
people as gorillas. Another example is a software system used by U.S Customs and Border

636

Read more: Paul de Font-Reaulx, ―AI: The Consequences for Human Rights: Initial findings on the Expected Future Use
of AI in Authoritarian Regimes‖,

/>cial%20Intelligence%20the%20Consequences%20for%20Human%20Rights.pdf

637 Mathias Risse, ―Human Rights and Artificial Intelligence: An Urgently Needed Agenda‖, Carr Center for Human Rights
Policy, May 2018.

638 Filippo Raso, Hannah Hilligoss, Vivek Krishnamurthy, Christopther Bavitz, and Levin Kim, Artificial Inteligence & Human
rights: Opportunities & Risks, Berkman Klein Center For Internet & Society at Havard University, Sepember 25, 2018.
639 Given that AI systems can make decisions, which can be considered unfair, inaccurate, or unethical, the difficulty of

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Patrol to identify criminals and terrorists still has 0.1% error (corresponding to 75,900 people
being misidentified in 2016).640

Fourthly, if AI becomes a part of our life, and its risks have been shown, so the next
point is how to set the rules in AI using management, in order to enhance AI advances and
minimize its limits, harmful and risks to society. However, unlike humans, it is difficult to
establish a conduct, responsibility code for AI. Both international, some regions, and many
countries are paying many attentions to establish codes of conduct, policies and legal rules of
AI governance.

<b>2. The negative impacts of AI on human rights </b>

AI has impacts on human right in many areas of the society. According to Havard
University‘s research, AI creates both opportunities and risks for human rights. In particular,
it negatively affects the maintenance and amplification of existing social prejudices, creating

the inequalities in society, deeply affecting the rights of privacy, and posing challenges for
many existing mechanisms.641 The basic rights directly affected by AI include right to
equality and non-discrimination, right to participation, right to privacy and personal
information security, freedom of expression, and right to work.

<i>The Right to Equality and Non-discriminatory </i>

AI systems reflect social prejudices and create inequalities in society, especially for
minority individuals and groups. Many AI systems contribute to user‘s decisions, suggestions
by using and assessing the data relating to social characteristics, occupation, race, health, and
skin color, which causes a serious discrimination against the disadvantage individuals and
groups. The use of AI in reality indicates this situation. For example, a computer system using
to know about the risk of re-offense by individuals in the U.S criminal justice misclassifies
that African-American has ―high-risk‖ of recidivism at twice the rate of Caucasians.642 In
addition, there are evidences show that AI operations can ―systematically and unfairly
discriminate‖ in many integral aspects of social life, such as accessing to services,
employment and financial support, or criminal justice. With its extensive development, biased
AI systems can be a big problem for ensuring fairness and non-discriminatory in society.643

<i>The Right to Privacy and Personal Information Security </i>

AI systems are trained by accessing and analyzing the big dataset. Data will be
collected to generate feedback systems, adjust and refine continuously. This dataset violates
the privacy rights and information security. Analyzing data with the AI systems can discloses

640 Access Now, ―Human Rights in the Age of Artificial Intelligence‖,

641 Filippo Raso, Hannah Hilligoss, Vivek Krishnamurthy, Christopther Bavitz, and Levin Kim, Artificial Inteligence &
Human rights: Opportunities & Risks, Berkman Klein Center For Internet & Society at Havard University, Sepember 25,
2018, p.17-19.

642 Filippo Raso, Hannah Hilligoss, Vivek Krishnamurthy, Christopther Bavitz, and Levin Kim, Artificial Inteligence &
Human rights: Opportunities & Risks, Berkman Klein Center For Internet & Society at Havard University, Sepember 25,
2018, p.23.

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individuals‘ personal information, protected information and sensitive information. In facts,
many AI systems are used by both private companies (especially technology companies as
Google, Facebook, and Twitter) and governments. Private companies use the individual
information for their business purposes and make profit, while governments use AI for their
management purposes, such as video control system or face recognition system in many
countries around the world.

Surveillance and privacy rights are two sides of the same coin.644 The greater the
surveillance, the more affected the privacy rights. In fact, nowadays, the AI-powered surveillance
software is more popular, thus, privacy rights and private data protection are increasingly being
violated. The facial recognitions can extract personal information from its existing data. The
increased use of this software has saved a huge dataset about each individual activity in both
online network and physical life, then people can abuse or use it in improper way.

Various privacy rights and personal information are affected because the way data is
collected and used by AI systems: the e-commerce platforms can generate and build a huge
data of their customers, without the buyer‘s knowledge or consent; the systems can identify
an user, even he remain incognito; the systems can analyze and make sensitive information
about people based on their non-sensitive info; the systems create citizen‘s profiles based on
their information; and the systems can make decisions based on its collected information.645

<i>The Right to Freedom of Expression </i>

AI has serious impacts on the right to access, searching, and sharing of information.
Many AI systems are designed in social network interface and search engine to control users‘
information in different ways. Controlled information means that information is no longer
freely created, used, and shared. For instance, Facebook uses its users‘ information to
influence them and other people in using and sharing information. Google Search system
shows a list of results based on the search content. Sharing of information can have more
negative impacts when governments use the same AI technology to censor and control
information. For example, Chinese government has replaced some state censorship agencies with
AI. iQiyi, Chinese popular video platform, uses AI to detect sexual and violent content, also
politically sensitive content.646 These systems negatively affect pluralistic communication and
diversity in views. Also, it prevents discussion, sharing, and exchange of information in
society, and in the long run can lead to polarization among social classes due to lack of
connection and information exchange.

The matter gets serious when AI‘s control of information is used for unjust purposes,
as control systems are used to propagandize, control and disperse information. Because of this,

644 Matthew L. Smith, Sujaya Neupane, ―Artificial Interlligence and Human Development: Toward a Research Agenda‖
(White Paper), International Development Research Centre 2018, p.35.

645 Article 19 and Privacy International, ―Privacy and Freedom of Expression in the Age of Artificial Intellegence‖, April
2018, p.17.

646 Access Now, ―Human Rights in the Age of Artificial Intelligence‖,

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the use of AI might affect democracy and people‘s right to self-determination. AI systems are
being used more to propagandize, control and orient behavior in petitions through social

network users. As a result, these campaigns are controlled by wrongful information that is to
propagandize, orient public opinion. Meanwhile, if people see that their information is
controlled, tracked, and oriented, they will no longer trust the information they receive and
will not be ready to freely express. They will change their expression behavior instead.

Information control with AI‘s faults might have more negative impacts on exercising
freedom of expression. AI is not perfect; it has its mistakes like every other technology,
therefore, the use of AI in information also affect freedom of expression. Companies use AI to
detect and remove ineligible information, especially due to legal requirements concerning
terrorism, hate speech, and fake news. However, due to its mistakes, AI can be wrong in
removing eligible information. Moreover, AI‘s impact on freedom of expression also shows
in prejudiced information.

<i>The Right to Participation </i>

The issues of AI about information rights as mentioned above show the harm to
people's political participation rights. According to Brookings Institution‘s report,
―technological advancements in AI and cyber capabilities will open opportunities for
malicious actors to undermine democracies more covertly and effectively than what we have
seen so far.‖647

AI systems can be used for bad purposes, such as spreading false
information, or leading citizen perception to change their behavior. AI chat-bot platforms
can be used for many different purposes. These systems can be used for wrong purposes
affecting the right to participate. The intervention campaigns of Russia into the 2016 U.S.
presidential election through social media platforms shows the unpredictable damages of AI
to the participation rights. Many studies have shown that Bots have been and will continue
to be used to manipulate media in many countries around the world to intervene in the
results of democratic elections.648

<i>The Right to work </i>

The increasing use of AI technologies instead of human poses many challenges to the
work rights. In fact, the process of automating and using technology leads to the rise of
unemployment. The labor market is affected not only by the decline in employment
opportunities, but also the changes in the labor market structure, in which traditional jobs are
declining and high technology jobs is becoming more and more popular. However,
disadvantaged groups in society face difficulties in accessing jobs that require high levels of
<i>education and technology. </i>

647 Alina Polyakova and Spencer P. Boyer, ―The Future of Political Warefare: Russia, the West, and the Coming Age of
Global Digital Competition,‖ 5, Brookings, March 2018,

648 Mark Latonero, ―Governing Artificial Interlegence: Upholding Human Rights & Dignity‖, Data&Society,

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<b>3. AI Law for Human Rights </b>

The development of AI systems in social life is an unreversed trend. Similar to the
development of industrial revolutions and machines, AI offers many benefits to social life.
Besides, it creates many negative consequences and impacts on people. Therefore, the need is
how to take advantage of the values that AI brings and figure out the solutions to solve or
minimize the negative side of AI on human rights. In order to do that, it is indispensable to
adopt a set of legal rules to control AI systems. However, AI poses difficulties and challenges
for the law in the age of AI.

The law provides a system of rules to control AI systems that ensures all subjects
involving in the development and operation of AI systems must have the responsibility for

respecting human rights. Governments need to develop policies and laws to regulate and
ensure conditions for subjects to comply their obligations, and encourage them, especially
enterprises, to ensure their responsibilities on human rights. Governments must also be
accountable for controlling their own activities of AI using. Access Now's Report provides
two groups of solutions for governments and the private sector: Governments using AI must
ensure compliance with open public procurement standards; mandatory assessment of human
rights impact; ensure transparency and accountability; establish remedy responsibilities and
procedures (for violated rights). Meanwhile, the use of AI by the private sector must ensure
the implementation of human rights standard assessment in accordance with the UN
principles of business and human rights; ensure the highest possible transparency and
accountability; establish an appropriate accountability and corrective mechanisms.649

Transparency and accountability are the obligations of all subjects who use and apply
AI. There is an argument that AI includes systems that are very complex, even inexplicable,
so setting transparency and accountability will hinder, harm, and even kill innovation.
However, this argument is considered exaggerated and unsuitable for the today‘s development
of AI.650 Transparency and accountability will not kill the creation.

The process of developing and implementing effective control mechanisms needs to
go through several stages and often takes time and effort. At the first stage, it is indispensable
to develop principles, standards and guidelines to identify, mitigate and overcome the
negative impacts of AI on human rights. In the past 2 years, AI principles have started to
emerge. The Asilomar AI principles were developed in 2017 as a result of the Asilomar
conference on AI benefits, providing guidelines for AI study, ethics, and values that the use of
AI must adhere to and at the same time evoke issues to address in the long term. At the same
time, the US Association for Computing Machinery (ACM) issued a statement and a set of
seven principles of transparency and accountability of the algorithm, to address a narrower
but closely related problems. The year of 2007 is also known for the emergence of many other

649 Access Now, ―Human Rights in the Age of Artificial Intelligence‖,

tr.32-35
650 Access Now, ―Human Rights in the Age of Artificial Intelligence‖,

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initiatives and rules of AI, such as the Japanese Society for Artificial Intelligence‘s Ethical
Guidelines in February 2017; Draft Principles from the Montréal Declaration on the
Responsible AI in November 2017 (University of Montreal 2017); The IEEE‘s General
Principles of Ethical Autonomous and Intelligent Systems in December 2017. In 2018, a
number of initiatives and rules came into existence such as the Partnership on AI, the UK AI
principles (adopted by Select Committee on Artificial Intelligence of the US House of Lords);
Google's AI ethics principles.651 The Michael Dukakis Institute and Boston Global Forum
(USA) has proposed the concept of the Artificial Intelligence World Society (AIWS), which
is a set of norms and best practices for the development, management, and uses of AI so that
the technology is safe, humane, and beneficial to society.652

EU is one of the pioneers in AI management for human rights. In December 2018, the
European Commission on Judicial Efficiency (CEPEJ) promulgated the Ethical Charter on the
use of artificial intelligence in the judicial system to ensure respect for the use of AI in
judicial activities in accordance with the fundamental rights recognized and protected by
European law, particularly regarding equal rights, non-discrimination and protection of
personal data rights.653 In August 2019, the European Union developed the Ethics Guidelines
for Trustworthy Artificial Intelligence.654 Based on fundamental rights and ethical principles,
the Guidelines list 7 basic key requirements that AI systems should meet to be trustworthy:

<b>- Human agency and oversight - AI should not trample on human autonomy. People </b>
should not be manipulated or coerced by AI systems, and humans should be able to intervene
or oversee every decision that the software makes.

<b>Technical robustness and safety - AI should be secure and accurate. It shouldn‘t be </b>

easily compromised by external attacks (such as adversarial examples), and it should be
reasonably reliable.

<b>- Privacy and data governance - Personal data collected by AI systems should be </b>
secure and private. It shouldn‘t be accessible to just anyone, and it shouldn‘t be easily stolen.

<b>- Transparency - Data and algorithms used to create an AI system should be </b>
accessible, and the decisions made by the software should be ―understood and traced by
human beings.‖ In other words, operators should be able to explain the decisions their AI
systems make.

<b>- Diversity, non-discrimination, and fairness - Services provided by AI should be </b>

651 Jess Whittlestone, Rune Nyrup, Anna Alexandrova and Stephen Cave, ―The Role and Limits of Principles in AI Ethics:
Towards a Focus on Tensions‖, Association for the Advancement of Artificial Intelligence (www.aaai.org).

652 See more: Michael Dukakis Institute, AI World Society and AI-Government,

The
Institute was founded and run by President Michael Dukakis (Former Governor of Massachussettes, USA) and CEO
Nguyen Anh Tuan (former Vietnamnet Editor-in-Chief). This is one of the world's leading research centers on AI
governance.

653 See more: Nguyen Bich Thao, "Artificial Intelligence and Access to Justice" (Trí tuệ nhân tạo và tiếp cận công lý),
Proceedings of Workshop on Artificial Intelligence and Issues of Law and Human rights, organized by VNU School of
Law, May 28, 2019 in Hanoi.

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available to all, regardless of age, gender, race, or other characteristics. Similarly, systems
should not be biased along these lines.

<b>- Environmental and societal well-being - AI systems should be sustainable (i.e., </b>
they should be ecologically responsible) and ―enhance positive social change‖

<b>- Accountability - AI systems should be auditable and covered by existing protections </b>
for corporate whistleblowers. Negative impacts of systems should be acknowledged and
reported in advance.655

The emergence of a number of ethics, guidelines for developing and operating AI in
recent times reflects the increasing interest of the international community and some countries
in AI governance. It plays an important role in the process of developing a system of AI rules
for human rights.656 However, the overall picture shows that the results on a global scale are
still very limited. The new principles in the form of ethics, guidelines are highly general,
unclear, even come into conflict in practice, and groups interpret them differently.657 This
fact affects the development and enactment of laws and regulations on AI management.

International law to protect human rights in the age of AI is mainly based on the
adopted conventions and treaties on human rights. The rights-based approach still needs to be
used in the development and implementation of AI law and regulations. However, with the
development of AI, the current international law provisions cannot meet the requirements of
addressing AI violations for human rights. Meanwhile, the United Nations has not focused on
the development of regulations and mechanisms to address the impacts and risks of AI on
human rights.658 At regional level, with the exception of the European Union, there is no
regional rules governing AI issues. Meanwhile, many countries have not paid much attention
to the issue of AI management for human rights.659 Even in the United States - the world
center of artificial intelligence with a complete legal system, the legislative activity on
artificial intelligence is mainly just on the process of law projects.660

The risks and negative effects of AI on human rights require the need to control and
regulate AI for human rights, but the rapid development of complex AI systems and their

applications in social life create difficulties and challenges for AI control and regulation.
Indeed, the development of AI rules system is an extremely difficult task. AI with its

655 See Detailed Instruction Manual:

656 Jess Whittlestone, Rune Nyrup, Anna Alexandrova and Stephen Cave, The Role and Limits of Principles in AI Ethics:
Towards a Focus on Tensions, Association for the Advancement of Artificial Intelligence, 2019,

657 Jess Whittlestone, Rune Nyrup, Anna Alexandrova and Stephen Cave, ―The Role and Limits of Principles in AI Ethics:
Towards a Focus on Tensions‖, Association for the Advancement of Artificial Intelligence (www.aaai.org).

658 Christiaan van Veen và Corinne Cath, ―Artificial Intelligance: What‘s Human Rights Got To Do With It?‖. Data &
Society Points, 14/5/2018.

659 Le Thi Thuy Huong, Vu Cong Giao, "The Impact of Artificial Intelligence on Human Rights: A number of Theoretical
and Practical Issues" (Tác động của trí tuệ nhân tạo với quyền con người: Một số vấn đề lý luận, thực tiễn), Proceedings
of Workshop on Artificial Intelligence and Issues of Law and Human rights, organized by VNU School of Law, May 28,
2019 in Hanoi.

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characteristics makes not only politicians, but also the academics feel confused. It still exists
many unclear, even very controversial conceptions on AI issues such as determining the legal
status of artificial intelligence and responsibility for the consequences of AI to human
rights.661 The development of AI also creates changes in many legal phenomena according to
traditional approaches and perceptions,662 posing many legal challenges, especially in
controlling and regulating AI.663 One of the fundamental legal challenges of developing and
using AI is to ensure a balance between promoting, innovating and protecting basic human

rights and values.664 AI management has to promote its values to people and human rights,
while eliminating and limiting its negative effects and negative effects on human rights.

For effective AI management, the AI law needs to be set in a global context (global AI
law). AI is an application system that is built and operated on a global scale, acting at all levels
(international, regional, national, local) in all areas of social life, in particular for human rights.
Therefore, AI management for human rights should be considered a global issue and
responsibility. Developing international policies, conventions and rules for AI management is an
indispensable task. In the Layer 5 of AIWS model, to be effective, the development of AI in the
support of humanity depends on a global consensus. International conventions, regulations, and
agreements for AI development in support of Next Generation Democracy are therefore essential
for the success of AIWS.665 Therefore, researching to build an international and regional law
system on AI is one of the key requirements and tasks of the law researchers.

An effective AI management not only requires hard law under the traditional approach
(the system of mandatory rules), but also requires soft law (system of ethics, guidelines,
regulations of organizations, associations...). With the characteristics of AI, formal law cannot
keep up and fully adjust to AI issues, so it is necessary to have many additional soft-law
sources that play the role of regulating and controlling AI. The businesses and associations
will become subjects that can also play an important role in building and adhering to the rules
of AI management for human development. These rules have no mandatory value, but in fact
can be effectively complied with because of voluntary implementation in the corporate culture
community and for the development of those businesses. In the soft legal system, AI
management requires not only the role of international organizations, governments, but also

661 Doan Van Nhat, "Legal Status and Rights of Artificial Intelligence" (Tư cách pháp lý và quyền của trí tuệ nhân tạo); Hoang Thi
Bich Ngoc, Vu Cong Giao, "Ethical and Legal Responsibilities of Robot: A Number of Theoretical and Practical Issues" (Trách
nhiệm đạo đức và pháp lý về Robot: Một số vấn đề lý luận, thực tiễn), Proceedings of Workshop on Artificial Intelligence and
Issues of Law and Human rights, organized by VNU School of Law, May 28, 2019 in Hanoi.

662 Nguyen Hoang Anh, "Changes of Legal Phenomena to the Challenges of the Industrial Revolution 4.0" (Những thay đổi
của các hiện tượng pháp lý trước thách thức của cuộc cách mạng công nghiệp 4.0), Proceedings of Workshop on The
Fourth Industrial Revolution and Issues of Vietnamese Legal Reform, organized by VNU School of Law, The National
Political Publishing House, Hanoi, 2018, p.66-90.

663 Tran Kien, "The Fourth Industrial Revolution and the Issue of Legal Control and Regulatory Mechanism" (Cách mạng
công nghiệp lần thứ tư và vấn đề cơ chế pháp lý kiểm soát và điều chỉnh rô bốt), Proceedings of Workshop on The
Fourth Industrial Revolution and Issues of Vietnamese Legal Reform, organized by VNU School of Law, The National
Political Publishing House, Hanoi, 2018, p.142-156.

664

R. Leenes, E. Palmerini, B. Koops, P. Salvini, F. Lucivero, Regulatory challenges of robotics: some guidelines for
<i>addressing legal and ethical issues, Law, Inovation and Technology, 2017, tr.1-44. </i>

665_{Michael Dukakis Institute, AI World Society and AI-Government,}

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the participation of all subjects in society. Recognizing and clarifying the role of soft law and
its relationship with formal law and the participation of diverse subjects in AI management is
one of the orientations for research on AI law and governance.

In terms of content of law, it is needed to identify the limits and shortcomings of existing
laws in relation to the issues raised by AI. In particular, it is necessary to focus on developing
legal regulations to protect the most affected rights, such as the law on information, access to
information, data protection, political participation, election, employment, equality and
non-discrimination. The law should clarify the basic concepts, human rights and responsibilities
of the parties, and build mechanisms to control and enforce those rights and responsibilities.

<b>Conclusion </b>

The development and application of AI is a trend of social development with many
benefits. However, it also poses many risks and challenges to society, especially in ensuring
human rights. If this problem is not fully perceived and seriously addressed, the consequences
it creates may be extremely serious and unpredictable. The development of AI and technology
is very rapid, while governance and law is left behind, so not meeting the requirements.
Therefore, the international community and countries need to put more effort into promoting
research, initiatives, developing and enforcing policy and law on AI management to meet the
needs of development and use of AI in the present and future.

AI governance is a new issue, but it attracts more attentions with the concern of the
protection of human rights. AI Government as a new concept666 and development from
E-Government applies AI in public sector governance to build the AI world society In general,
AI management is primarily regulated by ethics and principles, which becomes main sources
for governments to enact and enforce specific policies and laws on AI.

The development of AI systems will have a great influence on the legal policies around
the world. Regions, at the forefront of Europe, will come to the study to promulgate common
regulations as a basis for the promulgation of national laws and regulations. At the same time,
each country also needs to adjust its legal system and even change its Constitution to meet the
requirements of AI society. In order to be effective, it is necessary to change methods,
approaches, and legal content in the direction of a modern, global, and flexible system of rules
for the development and use of AI in the context of the 4.0 industrial revolution.

<b>REFERENCES </b>

1. Access Now, ―Human Rights in the Age of Artificial Intelligence‖,

2. Alina Polyakova and Spencer P. Boyer, ―The Future of Political Warefare: Russia, the West,

and the Coming Age of Global Digital Competition,‖ 5, Brookings, March 2018,

3. Article 19 and Privacy International, ―Privacy and Freedom of Expression in the Age of

Artificial Intellegence‖, April 2018.

666_{The concept of AI Government and AI Government strategies are the initiatives of Michael Dukakis Institute and Boston}

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4. Doan Van Nhat, "Legal Status and Rights of Artificial Intelligence" (Tư cách pháp lý và
quyền của trí tuệ nhân tạo); Hoang Thi Bich Ngoc, Vu Cong Giao, "Ethical and Legal
Responsibilities of Robot: A Number of Theoretical and Practical Issues" (Trách nhiệm
đạo đức và pháp lý về Robot: Một số vấn đề lý luận, thực tiễn), Proceedings of
Workshop on Artificial Intelligence and Issues of Law and Human rights, organized by
VNU School of Law, May 28, 2019 in Hanoi.

5. Jess Whittlestone, Rune Nyrup, Anna Alexandrova and Stephen Cave, ―The Role and

Limits of Principles in AI Ethics: Towards a Focus on Tensions‖, Association for the
Advancement of Artificial Intelligence (www.aaai.org).

6. Le Thi Thuy Huong, Vu Cong Giao, "The Impact of Artificial Intelligence on Human

Rights: A number of Theoretical and Practical Issues" (Tác động của trí tuệ nhân tạo với
quyền con người: Một số vấn đề lý luận, thực tiễn), Proceedings of Workshop on
Artificial Intelligence and Issues of Law and Human rights, organized by VNU School

of Law, May 28, 2019 in Hanoi..

7. Matthew L. Smith, Sujaya Neupane, ―Artificial Interlligence and Human Development: Toward

a research agenda‖ (White Paper), International Development Research Centre 2018, p.67.

8. Filippo Raso, Hannah Hilligoss, Vivek Krishnamurthy, Christopther Bavitz, and Levin

Kim, Artificial Inteligence & Human rights: Opportunities & Risks, Berkman Klein
Center For Internet & Society at Havard University, Sepember 25, 2018.

9. Mark Latonero, ―Governing Artificial Interlegence: Upholding Human Rights &

Dignity‖, Data & Society,

/>ntelligence_Upholding_Human_Rights.pdf

10. Mathias Risse, ―Human Rights and Artificial Intelligence: An Urgently Needed

Agenda‖, Carr Center for Human Rights Policy, May 2018.

11. Matthew L. Smith, Sujaya Neupane, ―Artificial Interlligence and Human Development:

Toward a research agenda‖ (White Paper), International Development Research Centre
2018, tr.59-60.

12. National Science and Technology Council: Committee on Technology, ―Preparing for

the Future of Artificial Intelligence,‖ Government Report (Washington, D.C.: Executive
Office of the President, October 2016).

13. Nguyen Bich Thao, "Artificial Intelligence and Access to Justice" (Trí tuệ nhân tạo và

tiếp cận công lý), Proceedings of Workshop on Artificial Intelligence and Issues of Law
and Human rights, organized by VNU School of Law, May 28, 2019 in Hanoi.

14. Nguyen Hoang Anh, "Changes of Legal Phenomena to the Challenges of the Industrial

Revolution 4.0" (Những thay đổi của các hiện tượng pháp lý trước thách thức của cuộc
cách mạng công nghiệp 4.0), Proceedings of Workshop on The Fourth Industrial
Revolution and Issues of Vietnamese Legal Reform, organized by VNU School of Law,
The National Political Publishing House, Hanoi, 2018, p.66-90.

15. Nguyen Ngoc Lan, "Legislation on Artificial Intelligence of the United States" (Hoạt
động lập pháp về trí tuệ nhân tạo của Hoa Kỳ), Proceedings of Workshop on Artificial
Intelligence and Issues of Law and Human rights, organized by VNU School of Law,
May 28, 2019 in Hanoi.

16. Nguyen Thanh Thuy, Ha Quang Thuy, Phan Xuan Hieu, Nguyen Tri Thanh, "Artificial

intelligence in the Digital Age: World context and Link with Vietnam" (Trí tuệ nhân tạo

trong thời đại số: Bối cảnh thế giới và liên hệ với Việt Nam),

17. Jess Whittlestone, Rune Nyrup, Anna Alexandrova and Stephen Cave, ―The Role and

Limits of Principles in AI Ethics: Towards a Focus on Tensions, Association for the
Advancement of Artificial Intelligence‖, 2019,

18. Paul de Font-Reaulx, ―AI: The Consequences for Human Rights: Initial Findings on the

Expected Future Use of AI in Authoritarian Regimes‖,

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19. Paul Nemitz, Constitutional Democracy and Technology in the Age of Artificial

Intelligence, October 15th 2108.

20. Tran Kien, "The Fourth Industrial Revolution and the Issue of Legal Control and

Regulatory Mechanism" (Cách mạng công nghiệp lần thứ tư và vấn đề cơ chế pháp lý
kiểm soát và điều chỉnh rô bốt), Proceedings of Workshop on The Fourth Industrial
Revolution and Issues of Vietnamese Legal Reform, organized by VNU School of Law,
The National Political Publishing House, Hanoi, 2018, p.142-156.

21. Artificial intelligence Will "Enslave" Human Beings (Trí tuệ nhân tạo sẽ ―nơ lệ hóa‖
con người ",

22. European Commission, Ethics Guidance for Reliable AI:

23. Michael Dukakis Institute for Leadership and Innovation,

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