In a historic move, the Council of Europe has unveiled the world’s first legally binding global treaty on artificial intelligence (AI). The Framework Convention on Artificial Intelligence and Human Rights, Democracy, and the Rule of Law (CETS No. 225) was opened for signature during a conference of Council of Europe Ministers of Justice in Vilnius, Lithuania.
Significance and Scope
This landmark treaty represents a crucial step in international AI governance, aiming to ensure that AI systems align with human rights, democratic values, and the rule of law. The convention provides a comprehensive legal framework covering the entire lifecycle of AI systems, from design and development to deployment and decommissioning.
Key features of the treaty include:
- Promoting AI progress and innovation while managing potential risks
- A technology-neutral approach to withstand future advancements
- Alignment with existing EU regulations, including the EU AI Act
- Focus on human-centric AI
- Risk-based approach to AI governance
- Principles for trustworthy AI, including transparency and data protection
- Strengthened documentation, accountability, and remedies
- Support for safe innovation through regulatory sandboxes
Signatories and Negotiations
The treaty has already garnered significant international support, with initial signatories including:
- European Union
- United Kingdom
- United States
- Israel
- Andorra
- Georgia
- Iceland
- Norway
- Republic of Moldova
- San Marino
The negotiation process involved 46 Council of Europe member states, the EU, and 11 non-member states, including Argentina, Australia, Canada, Costa Rica, the Holy See, Japan, Mexico, Peru, and Uruguay. Representatives from the private sector, civil society, and academia also contributed as observers, ensuring a diverse range of perspectives in the treaty’s development.
Key Provisions and Requirements
The treaty mandates that parties:
- Ensure legal remedies for victims of AI-related human rights violations
- Provide procedural safeguards, such as notifying individuals when interacting with AI systems
- Prevent AI from undermining democratic institutions and processes
- Comply with international law and democratic principles in national security activities involving AI
While the convention does not apply to national defense and certain research and development activities, it does cover AI testing that could affect human rights, democracy, or the rule of law.
Entry into Force and Global Reach
The treaty will come into effect three months after five signatories, including at least three Council of Europe member states, ratify it. This provision allows for effective implementation while encouraging widespread adoption. Importantly, the treaty is open to countries worldwide, extending its potential impact far beyond Europe.
Alignment with EU Regulations
The convention harmonizes with existing European Union law, including the EU AI Act, which is considered the world’s first comprehensive AI regulation. The EU, through its Commission and member states, played a significant role in the negotiation process, ensuring alignment with key EU principles and regulations.
Expert Commentary
Council of Europe Secretary General Marija Pejčinović Burić emphasized the treaty’s importance, stating:
“We must ensure that the rise of AI upholds our standards rather than undermining them. The Framework Convention is designed to ensure just that. It is a strong and balanced text – the result of the open and inclusive approach by which it was drafted and which ensured that it benefits from multiple and expert perspectives.”
Looking Ahead
As AI continues to advance and integrate into various aspects of society, this treaty represents a crucial step in establishing a global framework for responsible AI development and use. By setting clear standards and expectations, it aims to foster innovation while safeguarding fundamental rights and democratic values.
The success of this treaty will largely depend on widespread adoption and ratification by countries around the world. As more nations sign and ratify the convention, it has the potential to shape the future of AI governance on a truly global scale.
With its comprehensive approach and broad international support, the Council of Europe’s AI treaty marks a significant milestone in the ongoing effort to harness the benefits of AI while mitigating its potential risks. As the first of its kind, it sets a precedent for future international cooperation in the rapidly evolving field of artificial intelligence.
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