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An Indic Approach to AI Ethics Abhivardhan Chairperson & Managing Trustee, Indian Society of Artificial Intelligence & Law

© Indian Society of Artificial Intelligence & Law.


An Indic Approach to AI Ethics

Year: 2021 Date of Publication: June 24, 2021 ISBN (online): 978-81-947131-3-5; ISBN (paperback): 9798520434818 Author: Abhivardhan. All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher and the authors of the respective manuscripts published as papers, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below. Printed and distributed online by Indian Society of Artificial Intelligence and Law in the Republic of India. First edition, An Indic Approach to AI Ethics. Price (Online): 150 INR Price (Paperback): 12 USD (Amazon.com) Indian Society of Artificial Intelligence and Law, 8/12, Patrika Marg, Civil Lines, Prayagraj, Uttar Pradesh, India – 211001 The publishing rights of the papers published in the book are reserved with the author and the publisher of the book. For the purpose of citation, please follow the format for the list of references as follows: 2021. An Indic Approach to AI Ethics, Prayagraj: Indian Society of Artificial Intelligence & Law, 2021. You can also cite the book through citethisforme.com (recommended). For Online Correspondence purposes, please mail us at: executive@isail.in For Physical Correspondence purposes, please send us letters at: 8/12, Patrika Marg, Civil Lines, Allahabad, Uttar Pradesh, India - 211001

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Preface The infrastructure of governance & law and policy-making is much central to the value-systems, the anthropological realities and the aesthetic undertakings originally based out of. The schemata of AI Ethics and Policy is ever-changing, and is dominated on geopolitical and industrial lines, which shape the soft power considerations of technology policy for dominant regions around the globe. However, their intercultural approaches differ, which influence their datarelated policies for sure. The role of decoloniality as a concept stands essential because of the political role of technology in the Global North and the Global South economies. In the case of India, the book reflects upon highlighting the need to embrace those value-systems and aesthetic undertakings in the soft power considerations, which are important for the countries in the Global South to assert leadership in AI Diplomacy around the globe. India’s leadership in the Global South is essential in the realm of AI Policy, but the recourse of that leadership has to be connected with the cultural and aesthetic attributions of India as a civilizational state that can drive India’s AI Ethics (and even Digital Ethics) Policy at both industrial and legal levels, which is backed by economic and regulatory sovereignty cum leverage. The monograph therefore is a background work to establish and propose an Indic framework on AI Ethics and Policy central to (i) some connotations of Indian philosophy; (ii) decoloniality as a policy issue in matters related to governance and diplomacy; and (iii) the capability, vision and credibility of Indian institutions, which are engaged in developing, implementing & improving AI Policy in India. The book is an attempt to conjoin and examine key government and private efforts to shape AI Ethics standards, and to criticize with suggestions over creating a level-playing ground for India’s leadership in AI-related research & development, inspired by some of the important schools of the Indian philosophical thought. The book’s scope of analysis of power dynamics and development & technology politics is strictly limited to the domain of soft power. The book assesses: (a) Role of AI Ethics in Driving Policy Intervention through the Understanding of the Notion of Civilizational States (b) Role of Neorealism in Influencing Technology Geopolitics and AI as a Product cum Service of Soft Power {3}


An Indic Approach to AI Ethics (c) The role of Decoloniality in Shaping AI Ethics and its development with an Indian context (d) India’s Strategic Advantages and Constraints over Democratizing AI Education and Research in the sphere of Soft Power (e) India’s Institutional Approach Towards AI Policy Development, Deployment and Improvement (f) Indian Culture & Philosophy and the Cyclicality of Focus on Human Consciousness & its Peripheries (g) India’s Value Systems & Models in AI Ethics in a Multipolar Reality Conclusions and recommendations are reserved. The book is reflective and suggestive in nature. The monograph is a part of The Strategic & Civilized AI, a research programme under the Indian Society of Artificial Intelligence and Law’s Research Directorate. I am elated to express profound gratitude to the moral support of my parents & his colleagues at the Indian Society of Artificial Intelligence and Law and to my friends and colleagues for those profound dialogues and debates on some different and indifferent issues at hand, which had a suggestive value in shaping up the profound actuality of the original paper published in March 2021 such as Akash Manwani, Manohar Samal, Kartikey Misra, Dev Tejnani & Mridutpal Bhattacharyya.

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Table of Contents 1 Introduction & Basis 1.1 India as a Civilizational-Constitutional State: Basic Thesis 1.2 Role of Neorealism in Influencing Technology Geopolitics and AI as a Product cum Service of Soft Power The SOTP Classification. The CEI Classification. The Aesthetic and Pragmatic Influence of AI Tech (Product/Service). AI Products & Services and the Weaponization of Soft Power. 1.3 The Role of Decoloniality in Determining AI Policies: Hypothesis Role of Decoloniality in Shaping AI Ethics Policies. How Decoloniality Shapes the Transformation of AI Ethics in Multilateral Forums. Policy Considerations for Decoloniality with respect to Digital Coloniality in India. 1.4 India’s Institutional Approach Towards AI Policy Development, Deployment and Improvement: Review India’s AI Policy Dynamics and Visions. India’s Legal Position on AI. 2 Constructive Analysis 2.1 India’s Value Systems & Models in AI Ethics in a Multipolar Reality: Reflection and Proposition Multipolarity in Geopolitics & India. India and Multi-alignment. The Value Systems and Models in AI Ethics: Propositions & their Proportions. 2.2 Indian Culture & Philosophy and the Cyclicality of Focus on Human Consciousness & its Peripheries: Review Indian (Bhartiya) Cultural Understanding of Technology & its Relationship with Humans: AI Ethics. Indian (Bhartiya) Philosophical Modalities on Human Consciousness; Scientific & Naturalist Understanding. Cyclicality of Focus on Human Consciousness & its Peripheries: an AI Ethics Approach. 3 Conclusions and Recommendations Representing the Global South. Establishing Some Inward Directionality Towards According India’s Key Role towards Overseeing and Crafting a Soft Law Approach on Critical Technologies.

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An Indic Approach to AI Ethics 3.1 India can Attempt Focusing on Dissecting the Artificiality and Vulnerability of the AI-obsessed Realpolitik 3.2 India’s AI Policy Should be Transformative to Avoid any Destructive Mixture of Soft Power and Hard Power Complexes 3.3 India should Invest in Skill Development and Cognitive Enhancement considering the frugality of the so-called ‘Disorganized’ sector 3.4 India should Optimize and Internalize its pro-West (and proUS) Outlook over Technology Democratization through India Inc. 3.5 Seminal Recommendations for Further Research and Advocacy References

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1 Introduction & Basis

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─ The introductory part of this book is dedicated to carve out and chalk out the hypotheses, essential propositions and the key issues addressed therewith as far as the subjectmatter is concerned. This is a book based on doctrinal research and critical analysis of the representative activities, developments, documents and actions on matters related to Artificial Intelligence (hereinafter AI) Ethics Policies. The book’s scope of analysis and recommendations is limited to the domains of soft power and does not anyways extend to the domains of conflict law and hard power. 1.1

India as a Civilizational-Constitutional State: Basic Thesis ─ In the 21st Century, various regional blocs and countries are defining their own principles and aspects of what can be termed as the characteristics of a civilizational state. There already exists enough illustrations to reflect upon how the notion of a civilizational state, which can also be termed as some form of fictional version of sovereignty (Skinner, 2009 p. 362). The idea of persona ficta (Skinner, 2009 p. 364)1 is indeed the cornerstone behind understanding and analyzing the retentivity, clarity and consistency in the visions of a civilizational state borne through the leadership of countries, people and even technocrats. Some of the essential illustrations are enumerated as follows: • The notion of United Nations as some form of a world government and notions of ‘international community’, ‘global commons’, etc., had perpetuated, matured and transformed after the failures of the League of Nations and during the Cold war era (Address to the Sixth Special Session of the United Nations General Assembly, 1974; Mazower, 2008 pp. 29, 67, 149-151). Even notions like perpetual peace, collective security etc., resemble the 1

Persona ficta or fictional sovereignty, as discussed in this paper, has been proposed by Quentin Skinner in his lecture on the genealogy of states in 2009 (Skinner, 2009).

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notion of civilizational objectivity, mostly in continuance from the Congress of Vienna in the 19th century, following the two world wars. Anti-coloniality became an important measure of the sovereignty of the so-called third world countries, where nationalism had (and still has) an interesting cum distinctive role (for example India’s policy of Non-Alignment according to Mazower) (Mazower, 2008 p. 161); • China (People’s Republic of) and Taiwan (Republic of China) are the part of the same Chinese civilization, where leaving the issue of Taiwanese independence, the People’s Republic of China and Taiwan share similar views on the South China Sea issue (Tseng, 2015; Tweed, et al., 2016; The Race to Zero?: China's Poaching of Taiwan's Diplomatic Allies, 2020 pp. 334–352). The People’s Republic under Xi Jinping represents China’s own persona ficta, as to what China seems to be as a civilizational state (CGTN, 2019; Colantoni, 2019; Global Times, 2019); • Even the European Union (Civilization and international society: the case of European Union expansion, 2008; Ideas of Europe: Civilization and Constitution, 2009 pp. 20363257) represents itself as some sort of a civilizational state, where it upholds values of liberalism, welfare economy, human rights & rule of law. The fictional narrative of a united and more than perfect European Union (European Commission; Dunin-Wasowicz, 2019; Durand, et al., 2013 pp. 90–91; Hadebe, 2021; Geopolitical Monitor, 2021) reflects European Union’s strategi limits, principled commitments and surely, a vision of a shared global community, in the way the leaders of Europe intend to portray. Emmanuel Macron’s criticism of Europe’s persona ficta of multilateralism (Macron, 2021; United Nations, 2020) is worth noting, considering its nuances and its reasonable condonement with some aspects of the policy of principled realism led by the erstwhile Trump Administration-led United States Government; • The United States represents its own form of persona ficta, as

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some form of a civilizational state, which is based on the Judeo-Christian tradition of the Holy Bible (a reference to the history of Italian settlers would be important (Cannato, 2015)), American Republicanism derived from the US Constitutional Literature & the significant scholarship and political leadership of the native American people, who represent the school of decoloniality. The United States reflects its own form of imperialism and multilateralism, wherein American liberalism/libertarianism/neoliberalism, secularism & capitalism triumph above other values. Although even principled realism, a political doctrine derived by Donald Trump, former President of the US and Micheal Pompeo, former Secretary of State has its origins in the Monroe doctrine (Anton, 2019; Schaefer, 2018; Gibson, 2019). The idea behind the North Atlantic Treaty Organization is two-fold when we try to understand it in the very ambit of some persona ficta: first, NATO represents a security framework to protect the European Economic Community (earlier against the Soviet Union) with much of vested interests of the political leadership of Europe in the so-called transatlantic partnership, which now is a capacity-building framework after the end of the Cold War and; second, NATO represents American international law & global governance, with utmost clarity. The US vision of a civilization-state also includes the schools of American Realism and American Exceptionalism. Even the Abraham Accords endorsed by former President Trump reflects upon Christian evangelism and the unison-centric nature of US Foreign Policy, when it comes to Semitic faiths in a realpolitik (Norlen, et al., 2020; Callahan, 2020); • Turkey represents the persona ficta of the erstwhile Ottoman Empire under Reccip Tayyip Erdogan’s leadership, which is partially seconded by Pakistan (Ostner, 2020; Singh, 2017; Kaushik, 2020) and Azerbaijan (Tack, 2020; Geopolitical Monitor, 2021) in the Southern Caucasus, as we know that post-2016, Turkey started claiming regions of the erstwhile Ottoman Empire as a part of it (Danforth, 2016). Of course, Erdogan’s vision of a neo-Ottoman Empire is about reviving {10}


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a neo-Caliphate, through Muslim Brotherhood, which is surely opposed by countries such as UAE and Saudi Arabia & even Israel; ─ India’s vision as a civilization-state, which is a subjectmatter of the book, is somewhat reconciliatory and indifferent to the realpolitik. The Indic culture, which represents Hindus, Buddhists, Sikhs, Jains and other lingual, cultural, tribal and ethnic communities in India, is indeed an important component of India’s vision as a civilizational state. When it comes to determining India as a constitutional state, the republican character of the Indian Constitution comes into picture, with India following the Westminster form of government since January 1950. For the purposes of this book, the following modalities are enumerated & based upon, which reflect upon the possible features of India as a civilizationalconstitutional state (laterally): • India’s persona ficta is like other countries, multi-modal and has important parameters based on its anthropological restraints and capabilities, and of course its foreign policy avenues developed; • The Indic culture, or the cultural compact of the Indian civilization, from Vedas to Buddhism to Sikhism and so on, attributes to the endowment of the cultural heritage of the Indian people (Zee News, 2021; Madhusudan, et al., 2020 pp. 35-36; Kane, 1941), which shows an assimilative tendency possessed with a syncretic approach. The former US Ambassador to India, Daniel P. Moynihan & former Indian Prime Minister Jawaharlal Nehru also recognized this important characteristic of India’s civilizational heritage (Madhusudan, et al., 2020 p. 38); • The basic features (Supreme Court of India, 1973) of the Indian Constitution definitely reflect upon the basic characteristics of India’s constitutional polity (i.e., the legal system). Secularism, separation of powers in a tripartite manner, bicameral legislatures, the collegium system, the Indian Civil Service, the powers of the President of India,

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etc., are some of the most important features of India’s constitutional system, which is definitely reflective; • A third angle to the persona ficta is Indian diplomacy. India is shaping its decision-making potential when it comes to utilizing soft power through vaccines, funds, humanitarian support and other initiatives. In the domain of hard power, India is already arming its naval, military and air forces with a special focus on three important regions: ─ The Indo-Pacific and the South China Sea through the Quadrilateral Framework (The Indian Express, 2021; Basu, 2021; The White House, 2021), Indo-Pacific Rim Association (Government of the Republic of France, 2020; ANI, 2020; Chaudhary, 2021) and ASEAN relations in line with the United States; ─ Maintaining strategic autonomy and extending relations in West Asia towards the GCC and Israel after the success of the Abraham Accords (Mohan, 2021; Sibal, 2020); ─ Empowering its neighbors and extending land-level border security in regions near Pakistan and China; ─ In brief, the paper’s analogy on India’s civilizationconstitution stature can be enumerated in the following way: • That India represents a balanced, aspiring, multi-aligned and non-exclusivist tendency in its acts of diplomacy, in the domain of soft power, with a reasonable intent to maintain a decent form of hard power-based armed neutrality as much as possible; • That India’s constitutional system, despite being inherited from Europe, the US and the members of the West/Pax Americana bloc, is possessing incremental changes for constitutional reform; • India needs to evaluate its technocratic framework to posit and represent itself as a reasonable civilizational state (Verma, 2021); ─ In the further sections of the book, the case for, attestation and evaluation of the features of India as a civilizational{12}


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constitutional state would be made. 1.2 Role of Neorealism in Influencing Technology Geopolitics and AI as a Product cum Service of Soft Power ─ There are two most important political schools of thought, which, in the school of political realism, have an important role to play. These two idea models are known as neoliberalism and neorealism. Both of the concepts have their emergence and improvement done among the think groups in the United States. Alongside neoliberalism, Kenneth Waltz, in his 1979 book ‘Theory of International Politics’, clearly introduces the idea of neorealism (Sagan, 2004). While neoliberalism has embraced American exceptionalism and European liberalism, neorealism shapes the realist attitude of diplomatic activities and visions. Some threads of neoliberalism can be found in ‘An Agenda for Peace’ (Boutros-Ghali, 1992), while neorealism has its present imagery in the Trump Doctrine or the doctrine of principled realism (Anton, 2019; Callahan, 2020; Schaefer, 2018). However, as fictional sovereignty becomes broader in democracies, the information age also defined the way the components of soft power and hard power would be put into place and action. In the domain of soft power, AI Ethics has to be understood on the basis of the following modalities: The SOTP Classification. This classification simply means that Artificial Intelligence must be treated either as a subject, an object or a third party to any non-ML2 entity (can be natural persons, companies, governments, NGOs, trusts, etc.,). As a subject, your actions are a characteristic involvement with an emanative cause to develop how human or entity information and environment would be consumed, since any such ML product or service (Abhivardhan, et al., 2021 p. 372); while as an object, any data principal, as for example in the case of the Articles 13-17 of the General Data Protection Regulation (hereinafter GDPR) 2

ML means Machine Learning (abbreviation).

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(Council of the European Union, 2018), how the framework of liability and accountability over how the privacy and privity of data subjects/data principals is effectively safeguarded and pseudonymized (as per Art. 4 of the GDPR). As a third party, the question of agency and autonomy comes in (Abhivardhan, et al., 2021 p. 373). The CEI Classification. The CEI classification simply means that Artificial Intelligence has to be understood in three forms, concept, entity & industry. A concept simply means that AI is generally, on a principled and presumptive basis determined on the basis of conceptuality; how companies and government interpret AI as a scientific concept as well as a policy concept matters, and could be different, which leads us to the question of multi-stakeholder recognition. Then as an entity, there are usually 2 modalities – whether AI can be a legal entity, or it is a juristic entity (Abhivardhan, et al., 2021 pp. 13-36). A legal entity classification simply means that AI is being regarded under any codified law, enacted by a legislative body or a rule/circular/regulation approved by the executive branch of a government (national/regional), in general terms. A juristic entity is usually recognized through court pronouncements, or through special groups in legal bodies, such as advisories in governments and international organizations. Legal entities have a clear stature of rights, powers (if necessary), responsibilities and duties, whereas juristic entities are frugal intangible constructs defined through legal sanction (Center for Internal Communication, Kingdom of Saudi Arabia, 2017). The classification of industry (Abhivardhan, et al., 2021 pp. 1336) has to do with various sectors and industrial compacts, where AI’s utility and role is defined by competitors and regulators, in the context of antitrust law, data protection law and private law. The Aesthetic and Pragmatic Influence of AI Tech (Product/Service). For the purposes of this book, something constitutes as ‘aesthetic influence’ (Malhotra, 2021 pp. 196-197, 199-200; {14}


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Abhivardhan, 2021) in the case of AI, when it is assessed how the ML product or service affects and creates experiences (Harari, 2016 p. 334; Malhotra, 2021 pp. 208-211, 439) of the availability of any service or utility to the data subject (in the case of the book, most of the references will be on human entities). It is different from Consumer Experience or CX, because CX programmes are designed to monopolize trust and human loyalty through algorithmic omnipotence to support the market models of companies. Even governments around the world put use of CX in direct or indirect ways (Herrera, et al., 2019; Fitznhenry, 2019; Godfrey, 2018; IDC; Microsoft, 2020). Here, CX is put into use because there are many ways that feedback can be received by companies. Aesthetic influence in a specific manner means something which can be understood by a data subject when the data subject can foresee the pattern of aesthetic forms of intervention by the ML product/service (which will be based on the experiences of the data subject) & perceive the same. Perceptibility and its retentivity in this case would surely matter. Similar is possible when reinforcement learning is put into use (Ray, 2021; Maloo, 2021). For the purposes of this book, something constitutes as ‘pragmatic influence’, when any action of influence has pragmatic implications. For example, if any ML-based algorithm is being used for phishing, then there would be some aesthetic influence involved. However, the practical implications of the actions (as in this example, phishing), have to be adjudicated and investigated in order to constitute pragmatic influence. It is important to establish the relationship between aesthetic influences and pragmatic influences. It is to be proposed that the linkage between the two is purely a policy issue, and does not necessarily constitute any direct legal issue unless the pattern of conduct, at metaphysical, psychic, cyber/digital and physical levels (Abhivardhan, 2021) is reasonably established under evidence law (although admissibility might be limited in the range of physical activities to the psychic aspects of human brain). {15}


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The relationship between aesthetic and pragmatic influences is generally established when the AI put under use, is capable enough to be determined as a subject and an object (Abhivardhan, et al., 2021 p. 373) in different stages by estimating the manifest availability (Abhivardhan, et al., 2021 pp. 372-374) of the system by repeating the SOTP classifications and performing the CEI classification. AI Products & Services and the Weaponization of Soft Power. The practical realities of any entity or state actor must be understood clearly, even when the determination of any policy to endorse the status of a persona ficta is put into practice. This should not be oblivious to any state, or a group of states, in upholding the determination of a civilizational state, or else the objectives might not be attained. Every policy initiative, which changes its course and trends, shapes with time, indicates the state’s internal and foreign interests vested. In the case of the possibility that European Union, India, the United States, China, Turkey and other regional leaders are shaping up their own visions of what a civilizational state could be, it is important to realize how soft power (Nye, 2004; Anholt, 2020) can be effectively weaponized by the regional blocs and countries. How Soft Power is Weaponized? It is important to determine that soft power generally involves measures of attracting and co-opting various stakeholders, through soft skills, soft laws, soft measures and soft decisions. For example, any statement by the European Union on raising human rights concern (Council of the European Union, 2021; Council of the European Union, 2020), or environmental concern (European Parliament, 2020; Butler, 2021) may or not address the right subject-issue, but it is true that it contributes to their soft power quotient. In fact, the EU spends much on conducting surveys to determine their trustworthiness on frugal issues of constitutional policy such as fundamental rights (European Union Agency for Fundamental Rights, 2020). China also attempts and to some {16}


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extent has succeeded in weaponizing soft power in Africa since 2000 (Nantulya, 2018; Ajansi, 2021; Nantulya, 2021). Ville Skinnari, a Finnish Minister, also did raise specific concerns about China’s economic influence in Africa, in comparison to Finland’s influence in Africa in the past years and so (Norbrook, 2021). Israel and UAE are already using the Abraham Accords to create inter-related and inter-connected ties among their citizens, strategic thinkers and even companies, both in the domains of hard and soft power, postAbraham Accords (Hunton Andrews Kurth LLP, 2020; Solomon, 2021; Mezher, 2021). In fact, as of February 2021, for example, even India uses soft power, to gauge diplomatic relations, economic ties and defense improvements through giving free COVID19 vaccines (Trofimov, et al., 2021), providing funds to UN Bodies in conflict zones such as Palestine (United Nations Relief and Works Agency for Palestine Refugees in the Near East , 2020) & even enhancing sports and security ties with Maldives (Bhattacharjee, 2021; Sibal, 2021) among other important achievements made. Based on the three characteristic aspects of AI for the purposes of this book, i.e., the SOTP Classification, the CEI Classification and the Aesthetic & Pragmatic Influence, there are some case studies on how AI as a Product or a Service can be & has been put into use in order to weaponize soft power:

Algorithmic Moderation & Information Warfare through Social Media: The Case of Twitter in India and the US ─ As of January 2021, the US, Japan and India are the leading countries based on number of Twitter users as of January 2021 with India having 17.5 million users (We Are Social; DataReportal; Hootsuite, 2021). Now, if we compare the data on compliance with court orders, withholding of Twitter Accounts, Account specification, and the withholding of tweets between those of India and the US (Mittal, 2021), there is some significant stats, which must be looked into: o 13% compliance with court orders in India as compared to null in the US; {17}


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o 29, 213 accounts specified in India as compared to 2, 745 of those in the US; o 238 accounts withheld as compared to null in the US; o 2,759 tweets withheld as compared to null in the US; ─ There are some important questions which remain unanswered on the accusations of censorship over Twitter: o Should a private actor be subjected to censorship through moderating or banning users on a vague basis of hate speech, which is based on the community guidelines made by the social media company?3 o Is a social media company a technology platform or a form of media?4 3

States under international human rights law have the sole authority to regulate speech and forms of expression. Now, it is true that companies can moderate content on the basis of their own empirical/doctrinal understanding of hate speech, and that social media is a technology platform inherently, and not a public utility, arguments can be raised that social media companies should have this authority. However, Twitter may be considered a public utility if the following is recognized:

• Right to access of free and open internet must be recognized as a fundamental/human right, which is usually argued considering the issue of digital divide and the increasing interoperability of essential and non-essential services through internet; • Sovereignty is an inviolable aspect of international law, and cannot be challenged by undermining the authority of the government; • Twitter has a humongous user base (The Indian Express, 2021) (We Are Social; DataReportal; Hootsuite, 2021), and reaches out to millions of people around the world. Just because they availed your service, and without ensuring any transparency, if you are providing services of communication, and editorializing content, liability therefore must be held on the company as well because any political content, which is distasteful, if is moderated, would anyways affect the political freedoms and rights of individuals, unless any court or executive authority in the government takes reasonable action. 4 If social media companies behave as a media platform and not as a technology platform, then liability can be established on them, quite easily, not due to the positivist character or interpretation of constitutional law and sovereignty, but due to the simple reasoning that moderation is editorializing, and media platforms have much stake in affecting the flow and transpiration of the information through algorithms, it might be a necessity that for future historians (Steinhauer, 2015) and investigators, the content needs to be preserved and kept afloat. Unless anything expressed shows a clear and distinct physical level real-time risk for state authorities, the person who expresses it

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o If Twitter assumes itself to be a media platform, then is not it reasonable that editorializing any content accounts for liability and penal actions, on incidents where any portal or user’s misinformation steadily causes physical implications of any activity in Twitter’s cyberspace?5 ─ Twitter reserves certain guidelines, which are usually governed through human and autonomous/semiautonomous moderation. The problem which generally turns out in the case of Twitter is – that algorithms which learn and adapt through content regularization do not have effective transparency. A recent paper on the hate speech research of Tweets made against Joe Biden & the Democratic Party (hereinafter Biden Campaign) and Donald Trump & the Republican Party (hereinafter Trump Campaign) (Grimminger, et al., 2021) shows interesting results about how weaponized hate speech is put into abrupt chain reactions for political purposes: o 26.7% of the tweets against target Biden Campaign contain hateful/offensive language, whereas only 18.5% of them targeted have been against Trump Campaign, which must not be used to interpret and infer anything unreasonable (Grimminger, et al., 2021 p. 5); o Supporters of the Trump Campaign use slightly more often harmful and offensive speech with 12.9% than supporters of the Biden Campaign, with 11.4% (Grimminger, et al., 2021 p. 4). However, there were some repetitions of some keywords, which have also made the research quite biased;

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cannot be easily convicted for active/passive incitement/abetment under evidence law and the law of crimes. Unless the cause is established, any action by the social media company would not just invite any action, civil/penal, but could also affect the status of neutrality of a technology platform like social media, which behaves like a media platform, which affects the reputation of the company, regardless of facts, ideological disagreements or any conflict between preferential biases between company employees and users of the portal and other form of amorphous realities.

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─ Now, it is also important to assess, that censorship must be highly limited in place and must be put into use by the government agencies only in special circumstances on the basis of expertise, clarity and the target-point at which censorship is being done. Even if Twitter demands in future that they can censor content or moderate any content, they could still be held liable for the algorithmic biases – which are inexplicable, and non-transparent for anyone. Thus, imparting a technocratic method to control and regulate is unfair, when the state has no say; ─ There is also an angle of market control. Some online operators use emotions, identity politics and other unique individual subjects-matter in order to polarize discussions and compromise nuanced discussions. It however does help the market to grow faster and then blow up worse under a Schumpeterian understanding (Thierer, 2012 p. 58). It also means that disruptive technologies and their products and services are inherently meant to disrupt and rejuvenate the market equilibrium for their own benefits, among which, Twitter is not a new player (Goldman, 2011 p. 5); ─ For India, it can be estimated that the competition law regime, which is the Competition Commission of India, along with a possible Data Protection Authority in near future (taking into consideration the possibility of a Data Protection Bill to be passed in the Parliament soon (Press Trust of India, 2021)), must regularize markets in order to ensure that the disruptive behaviour of markets is carefully perpetuated and regulated; ─ India is already interested in transforming their organized sector through ASSOCHAM, NASSCOM and the NITI Aayog to render investments from the United States, when it comes to companies, startups and firms. In the realm of AI, with any stakeholder foreign to India, the regulatory bodies must emphasize on strengthening the grassroots, i.e., the local entrepreneurs and MSMEs, in order to avoid the drawbacks of having Amazon India in the country to do business, which disproportionately {20}


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favored some selective businesses, thereby affecting competition law (Kalra, 2021; Kalra, 2021; Reuters, 2021); ─ Studying the disruptive behaviour of digital companies (including AI-tech companies or AI-reliant companies) is the key to better policy decisions, if we infer from the problems with Twitter in India and the US;

AI and Trans-national Surveillance: The Case of Africa ─ Africa as a continent has enormous vulnerabilities, when it comes to social unrest, poverty, economic inequality and lack of literacy. Companies around the world either through international organizations, or through bilateral ties, take advantage of the circumstantial restraints and utilize surveillance at the worst levels possible. This case study emphasizes on how China is effectively employing surveillance tech in African countries; ─ It is important to estimate that companies and even NGOs from China (People’s Republic of) (much of them are often recognized as Government-organized nongovernmental organizations or GONGOs) are involved in strategic investments to ensure that organized form of surveillance is rendered in Africa (Gramer, et al., 2020; Jili, 2020; Andersen, 2020); ─ Government buildings made by Chinese architects have become a vector for the purpose of spying in Africa, as per a research by Heritage Foundation (Meservey, 2020). Mobile companies are dominating their market research in African countries (Financial Times, 2017). In Ethiopia, telecommunication companies are involved in monitoring telecom activities and violate the privacy of the Ethiopian people (Human Rights Watch, 2015). In Nigeria, China’s ZTE was put under investigation by the Nigerian security authorities for clear surveillance and security problems (Morris, 2016). China’s Huawei has also been accused of selling surveillance tech to Uganda and Zambia to spy on their own citizens (Woodhams, 2019). Zimbabwe has already garnered facial recognition data to Chinese digital companies after their legislative {21}


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action on surveillance technology (Hawkins, 2018; Gilbert, 2019); ─ It is important to estimate that surveillance in Africa was also sponsored by companies from Europe and the Americas (Woodhams, 2019), but the real issue in African countries is how the economic, individual and state vulnerabilities of the societies are overcome and not put under incremental yet technocratic and short-term economic benefits. Countries can surely have an important role in mending the African Union’s attention towards this problem, and enhance the economic being of the African people more than ever. In the US, for example, the intersection or partial alignment between disruptive technologies, ideological and political biases & the economic market of the US has been a dangerous trend, which has already started affecting the American people (Crescioli, 2020; Dayen, 2017; Petit, 2016). For example, in NeurIPS Conferences, papers are being refused on the basis of some ‘ethics reviews’ and not real tangible academic grounds, which is a form of cancel culture (Dominigos, 2021). Interestingly, in a coauthored paper by Timnit Gibru, it has been warned that large-language AI programs impose and present a “hegemonic worldview”, which often the system amplifies (Bender, et al., 2021 p. 7). Therefore, crosscultural cooperation could be one of the ways to handle such associative biases of the companies and countries, who impose notions of social control through AI (Overcoming Barriers to Cross-cultural Cooperation in AI Ethics and Governance, 2020 pp. 571–593);

Social Credit System in China ─ Social Credit Systems have been implemented in the past through different ways possible. Using social media content, for example, companies have tried and even scholars have proposed to grant credit scores to individuals, which has serious considerations (Groenfeldt, 2015; Kert, 2017). Even conceptions like distributional fairness have been proposed, where the {22}


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datafication of consumer lending amplifies ‘moral concerns’ (Aggarwal, 2021; Middleton, 2020). ─ China (People’s Republic of) is already utilizing social credit systems as per their 2011-2014 plans proposed by former Chinese Communist Party Leaders, which was effectively in pieces put in due implementation by Xi Jinping, the General Secretary of the CCP (General Office of the State Administration of Taxation, 2014); ─ The Social Credit System (hereinafter SCS) in China actively promotes a unified credit system, for people, businesses and the government. For now, it has been voluntary for businesses, but there is relative pressure on companies to include themselves to comply with the system (Donnelly, 2021). The system is very-well topdown in its approach of governance, which can be associated with three important political conceptions, Confucianism, Legalism and Mohism (Donnelly, 2021). The system clearly reflects a sense of collectivism, where maximum government is the key understanding of the Chinese State to restore the feudal-era maximum control-compact on the Chinese people. It is definitely a reflection of the persona ficta of the CCP under Xi Jinping; ─ The system however has more inherent complications than expected (Matsakis, 2019). Scholars argue about the perfection of the credit system, as well as its integrability in various corporate operations. Still, considering the situation in Xinjiang, for example (BBC News, 2019; Samuel, 2018; Dou, 2018), the credit system and other surveillance tech does have serious implications, such as stoppage of sale of tickets with 13.49 million individuals classified as ‘untrustworthy’ as of March 2019 (Lee, 2019); ─ It is important to understand how surveillance tools based on AI by China are also being utilized in Pakistan (Armytage, 2018), Malaysia and Zimbabwe (Chutel, 2018). Even in the European Union, China is attempting to spread influence of its surveillance tech, at least

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starting with BRI-members or countries like Poland and Czech Republic (Allen-Ebrahimian, 2018) wherein the Foreign Policy Chief of the European Union, Joseph Borrell has stated that the EU is incapable to fight Chinese disinformation (Cerulus, 2021); ─ Let us now compare the modalities of the social credit system by China with the distinctive features of TikTok. TikTok – an app owned by ByteDance also has a recommendations system, which has some important archetypes and characteristics, which are enumerated as follows: o TikTok has a user-centric design/archetype, where a user’s choice heavily decides what next can be seen through (Wang, 2020); o TikTok balances the narrow recommendation (bias) & collaboration recommendation(generalization) 6 (Wang, 2020) ;’ o TikTok targets tangible content like news, or straightforward creative content, which is not intangible like memes, entertaining videos etc., which shows its priorities. It suppresses content published by minorities, supposed ‘ugly’ and ‘poor’ people (Biddle, et al., 2020) and dissidents as well, and at the same time, does not have quantifiable goals when it comes to regulating the equilibrium and disequilibrium of content in its cyberspace (Botella, 2019; Medium, 2020); ─ It can be suggested that AI-based products and services often reflect pieces or portions of objectified ‘persona ficta’ – which in the case of social credit system and TikTok as a comparable example (since TikTok’s features reflect the tendency of a social credit system as a microexample);

Amazon’s Consumer Experience Tools and their Influence 6

The app would not limit itself to one user’s history but would analyses the collaborative behaviors of a similar ‘user group’ (based on parameters such as clicks, interests, keywords, themes, graphics, music etc.).

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cum Antitrust Issues ─ Amazon has already been accused and charged with fines for violating antitrust laws in the European Union (European Commission, 2020). However, a better understanding can be developed when Amazon’s CX operations are analyzed in relation to the way they weaponize soft power; ─ As the European Commission rightly pointed out in their statement to Amazon (European Commission, 2020), Amazon represents duality in representation where the company is selling third-party products and acting as a retailer at the same time. Additionally, they keep a hold on the sensitive data of the third parties as well. Now, let us analyze Amazon’s Consumer Experience (CX) activities; ─ As it is understandable, Amazon is proficient in CXrelated work. The inherent idea of CX involves the mechanization of trust in a procedural manner, to ensure that a repetitive form of affinity between the consumer and the app/website through which the product/service is being rendered can be solidified. The datafication of the consumers’ needs is appropriated by consumer experience operations. Amazon’s CX-based recommendation systems already drive 35% of its total sales (Novoseltseva, 2018)7. According to a co-authored paper by Adrian Boteanu (Boteanu, et al., 2020)8, the authors believe that Amazon can increase the relative relevance of the consumer intent predicted in shopping the products, which is also reflective of how the company 7

Amazon extensively uses CX operations in handling customer search queries.

8

[W]e explored predicting latent intents in queries, and focus on intents that are not explicitly indexed in the product catalog. We leverage intents that describe contextof-use facets that model customer context, which are expressed in some search queries and in customer reviews, but are not intrinsic product attributes indexed in the catalog. Our method combines entity extraction from unstructured text and training predictive models that leverage query-ASIN affinity scores computed from previous customer behavior. (Boteanu, et al., 2020)

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intends to weaponize and slim the ostensible difference between human loyalty and trust. Similar to the notions applied on Blockchain, where propositions have been made to treat trust like a currency (Understanding the creation of trust in cryptocurrencies: the case of Bitcoin, 2020 pp. 259–271), companies usually propose to automate trust gradually (Adobe, 2018 pp. 3-5; Adobe, 2020; Abramovich, 2020)9 and replace it with the organic and analog form of human trust, thereby taking away any manual means of asserting loyalty, which is known often as ‘customer satisfaction’10. It also means to shrink and structure the way any feedback is accepted, and so it raises questions about the practice of democratizing CX, as well as the disruptive behaviour of tech (Kantify;

Gartner predicts that 80% of emerging technologies will have AI foundations by 2021 (Jain, et al., 2018). 10 Adobe has stated in their ‘CXM Playbook’: “[A]dobe has identified six key areas of focus, around which the “CXM Playbook” provides customized and personalized best practices: • **Digital First: **Ensuring that strong digital leadership is core to a company’s strategy and seen as a competitive advantage. The company is empowered to prioritize the customer. • **Data & Insights: **Making data broadly available to employees so that it provides insights to inform business decisions. • **Scalable Content: **Making content that is available at scale, across any channel, and based on customer needs and context. • **Optimized Personalization: **Designing and measuring experiences that nurture customers. • Customer Journey Management: Building cohesive customer experiences that can be delivered across channels, personalized, and optimized through automation and AI. • **Pervasive Commerce: **Embedding shoppable experiences across every channel to drive digital revenue growth and foster customer lifetime value. “Taken together, these six areas of the ‘CXM Playbook’ provide you with a comprehensive blueprint to become an experience business,” Chakravarthy said (Abramovich, 2020).” 9

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Danzinger, 2018; Sagar, 2020)91112. ─ In short, the following can be encapsulated & inferred from this sub-section: Any disruptive technology like AI can be effectively weaponized to gain benefits in the realm of soft power, where while in the West (Europe and the Americas), the model is highly technocratic, the Chinese model is no less efficient in using dissimulation as an effective form of statecraft to challenge any Western or global consensus on issues related A Case Study by Kantify states: “[I]ncreasing customer loyalty whereas customer retention is a key struggle in retail and e-commerce, Amazon manages to successfully retain its customers. Having the power to define what are the best offerings thanks to machine learning, Amazon continues to increase its growth by forming and offering more loyalty clubs and special, targeted offerings. For example, the company does a great job of retaining their Prime Members. One study even shows that customers go to Amazon for almost every possible activity in their shopping experience. […] Today, Amazon Prime members have 93% retention rate after the first year, and 98% after two years. The company managed to reach an astonishing result in terms of customer retention, as from June 2019 around 105 million Amazon subscribers were estimated only in the US. The company continues to have an insatiable appetite for new markets, triggering competitors to always be on their guard against its next strategic move (Kantify).” 12 Ram Sagar rightfully points out: “[R]andomized experiments are popular in drug testing and many other industries in order to assess how effective a strategy or solution is. In case of a drug test, two groups are considered — where one group is given the real medicine while the other one has been given something else as a placebo effect. If the group which had the medicine show significant improvement then the drug can be deemed effective. Now, in a similar fashion, taking an instance where a certain treatment has resulted in faster delivery of certain products to a group, which in turn has resulted in the rising popularity of those products. In such a case, the recommendation engines at Amazon will start to recommend these popular products more frequently, even to the customers of the other group. This is called a spillover effect where the actions of one group are affecting the other group, unlike in the case of drug testing. This happens because of the complex feedback loops set in place by the consumer industries. Pat Bajari and his peers, in their work, have recommended multiple randomizations to identify causal relationships underlying the data (Sagar, 2020).” ”. 11

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to transparency, accountability and foreseeability, while imposing technocratic models with similar design and default features through strategic deception13; Artificial Intelligence can be used for hegemonic or technocratic causes to achieve a de facto form of persona ficta by states, which must be carefully estimated as the directionality of policy measures surpasses its own trends alongside; By design or default, any AI-related product or service, on the basis of the SOTP classification, can be utilized to disrupt political and social economies, which somehow affects the soft power quotient of civilizational states, which may intend to achieve the status of a high-end state (Morris, 2013); CEI-based classifications of AI are integral for countries to achieve their own forms of persona ficta as all three of the categories – scientific/aesthetics and pragmatism, jurisprudence/constitutional policy & industry-centric aims and goals clearly embark upon how civilizational states would drive and increasing their bargaining potential accordingly; Disruptive technologies along with strategic forms of warfare do affect political economies (Thierer, 2012; Grimminger, et al., 2021) and India should not be ruled out as an exception in suggestion. India’s political economy has its own frugalities14,

13

14

Countries such as the US, France, the UK, etc., have to maintain transparent governance models not just within their jurisdiction, but also beyond, while even if China (for example) accuses countries of racism (Keaten, 2020), mistreatment of minorities and other such accusations in august bodies like the UN Human Rights Council, they weaponize and dissimulate the secretive aspects behind their soft power compacts to ensure that they weaponize their economic and even socio-technological goals (Chutel, 2018). That is also why (for example) China raised the issue of violation of the GATT Rules against India, because of the intrusive nature of TikTok after the app was banned by the Ministry of Home Affairs, wherein it is apparent that India would utilize its GATZ exceptions (Rajpurohit, et al., 2020; Sen, 2020). Here are some instances how India’s political economy suffers from frugality: • The 3 bills on agriculture-related reforms and an ordinance promulgated by the President of India, which criminalized stubble burning due to environmental concerns were met with acts of protests and vandalism, which already has cost loss of 50,000 crores INR in Delhi itself according to CAIT (Press Trust of India, 2021);

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which makes it clear that to achieve a persona ficta, the hard power and soft power quotients of a polity must be put into a reasonable balance to avoid any adverse impact on the political and social economy of the polity (Matta, et al., 2017; Verma, 2021; Verma, et al., 2021)15; 1.3 The Role of Decoloniality in Determining AI Policies: Hypothesis ─ For the purposes of this book, it is important to treat the concept of decoloniality in a careful and reasonable manner, to avoid virtue-signaling, as well as to avoid any derailing argumentations made duly, and to seek avenues for India, since this sub-section is the key hypothesis of this book. Now, Decoloniality has its origins in the academic scholarship in Latin America. Decolonization has been a historical, political and social phenomenon, where regions across the world were colonized by empires in Europe for centuries to come. The end of de jure colonization was and is recognized under international law, which is why the Trusteeship Council (now defunct) was included in the United Nations in the 1940s post-second world war. This sub-section aims to pursue the following issues: Role of Decoloniality in Shaping AI Ethics Policies How Decoloniality Shapes the Transformation of AI Ethics in Multilateral Forums Policy Considerations for Decoloniality with respect to Digital Coloniality in India •

15

The 1991 Economic Liberalization led by the Government of India was not easily accepted by cartels and pressure groups (Forbes India, 2016; IndiaBefore91.in; Chakraborty, 2016); We may also understand the Weaponization of Soft Power through the Collingridge Dilemma of technology governance (for example) (OECD), where India since has to focus on the anticipatory, inclusive and purposive aspect of innovation process (OECD), the aesthetic and pragmatic basis of it as devised in the paper, similarly, is central to the artificiality and vulnerability of the (a) realpolitik; and (b) the multiple stakeholders cum subjects involved in the wholesome process of development and democratization of AI-based technologies (since the paper takes the context of AI + International Relations, which means the intersectional relationship between AI Ethics and International Relations).

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Role of Decoloniality in Shaping AI Ethics Policies. ─ There has been quite insignificant work on the role of decoloniality in AI Ethics. However, there have been ample studies on how digital colonialism affects cultures and societies. Let us therefore assess how digital colonialism (Shiller, 1976) shapes AI Ethics Policies, in order to assess the counterproposals on the role of decoloniality in AI Ethics. Digital colonialism is a phenomenon, in the field of technology politics and anthropology, which involves the colonization of resources of any foreign territory or populace or government entities through digital means and modus operandi. For example, using established monopoly over telecom, companies can colonize the populace and influence their decision-making and any activity in the ordinary course of nature. This phenomenon is practically very different from traditional forms of colonialism because here, we cannot apply the traditional methods to understand the role of sovereignty here. Therefore, in relation with the concept on persona ficta (civilizational states), digital colonialism is an action, which involves mostly private actors in the information age to influence and impose their own presumed or assumed forms of economic, political and social practices cum operations. Now, digital colonialism may or may not be a direct violation of the sovereignty16 of a state (under a traditionalist understanding of international law unless the specific targets and operations are proved17), but it can be 16

17

Sovereignty is a political construct, which is shaped by the policies (and state practices under international law). If a group of countries (for example) is pliant to interventionist activities (referring to case studies on China’s investments in African countries (Meservey, 2020; Nantulya, 2018; Morris, 2016)) from foreign private/public actors, and is not open to question the same, then recognition becomes quite difficult, despite the availability of literature. Additionally, sovereignty has to be estimated on the basis of assessing how the components of soft power and hard power are handled and shaped by the governments. Digital colonialism must not be confused with cyberattacks and incidents of cybersecurity. The reasoning is that digital colonialism is permeable (Digital Sovereignty or Digital Colonialism, 2018), which means that colonization of

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suggested that digital colonization (through various forms of disruptive technologies, for example), does affect the way a state is empowered to shape their formulations of persona ficta. It is definitely a political problem but can also be considered as a policy problem (Internet Governance Forum, 2019). Digital colonization can affect the sovereignty of a state, but the means and methods must be reckoned with clarity and conviction by a state or a group of states, to ensure that the involvement of multi-national actors is appropriately regulated with checks and balances. Here is a summarization of how digital colonialism affects the directionality and transformation of AI Ethics Policies: Any disruptive technology can be used, based on their default and design features to monopolize, or control the way any industry sector accepts and shapes the ethical standards (Thierer, 2012; Petit, 2016), which are central to the disruptive technology. It also means that while in the information age, companies and private actors tend to self-regulate (Batra, 2020; Kurshan, et al., 2020), they effectively affect and become the market forces, which drives the protection and shaping up of the trade secrets and cartelization of trends, which are usually shaped through the communicability in the cultural ethics and values, which companies usually share; Disruptive technologies represent and influence the cultural values of individuals and communities. They can harness the art of enfranchising their ‘objective’ modus operandi in design & default18 to ensure that their way of practice becomes the ‘new normal’, or trendy. This is a classic form of consumer-centric foreign resources through digital means, permeates through tangible limitations placed by law, due to the all-globalizing nature of the disruptive technologies. Issues related to privacy rights and surveillance can also be regarded as one of the key problems in digital colonialism and its academic scholarship (for example). However, even incidents of cybersecurity may amount to digital colonialism. 18 ‘Design & Default’ in the context of the paper is inspired from the General Data Protection Regulation. However, the word design suggests how intrinsically something is design while default as a word signifies the safeguards and primarily controllable features, which are meant with the assumption to ensure maximum risk avoidance or safety.

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phenomenon like consumerism, where – taking the example from the United States, with respect to companies like Amazon and Adobe, we find such trends, indirectly (Adobe, 2020; Andersen, 2020; Boteanu, et al., 2020); Sovereignty is a traditional legal concept in international law, which has instrumental value in ensuring the participation and identity of a state, its government and its people. It does not mean non-state actors do not have any role in assessing digital colonialism. However, in order to establish clearer violations of sovereignty, digital colonialism then has to be resisted through stricter and localized forms of governance, where the physical impact of an activity must be clearly construed with the operations that have been enfranchised in cyberspace. Digital colonialism must be criticized by also assessing the role of ethnocentrism in determining how AI Ethics policies are shaped. Influencing any value chain or system in a community can be achieved through various means. However, disruptive technologies as are capable of shaping their own ‘objective’ means of service to avoid or prevent any manual action of a human as a natural person. For example, emails are a better, cheaper and faster form of communication since the emergence of the World Wide Web and the internet. Sending emails does not directly show how culturally we communicate, but the technology platform that enables the same, provides us a medium, which can explicate aesthetically as well as pragmatically as how should the tool be used. Similar can be said for recognition devices like Amazon Alexa, or any facial recognition tool per se. Now, recognition software, for example, would be utilizing any entitative input received from the data subject (human for the purposes of this example), processing it and act therewith. In an experiment, Google Translate used to make mistakes of translating feminine terms for any profession into terms in masculine form, which was often considered an example of digital colonialism and even ethnocentrism (Kayser-Bril, 2020; Johnson, 2020). The researchers of the experiment pointed out that Google optimizes translation from one European {32}


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language to another for English. Additionally, Google has claimed that its application, Google Translate has nearly 500 million (approx..) users globally (Turovsky, 2016); Digital colonialism is also evidently seen when it comes to protecting the political freedoms of individuals and groups. Social media companies such as Facebook and Twitter have been accused of imposing their political biases in their host state by the erstwhile FCC Commissioner Brendan Carr (CNBC Television, 2020), in the US (Wagner, 2018), and applying the same in other countries across the world. Countries such as India, Singapore, Poland and Russia have pursued methods to counter the political biases in factchecking any information/content on social media (Watts, et al., 2019; Kość, 2021; Aryan, et al., 2021; Isachenkov, et al., 2021); ─ Following are the proposed way decoloniality has an important role in shaping AI Ethics policies: Digital colonialism often influences the rights, authority and liberties of entities (natural persons, governments, companies, communities etc.,) through imposition and repetitive implementation of their own biases. In the context of AI Ethics, algorithmic biases are also driven by cultural outlooks (Bender, et al., 2021; Thierer, 2012; Aggarwal, 2021) and vested interests. Therefore, it is proposed that decoloniality must be used as a policy tool to prevent digital colonialism; Beyond a principled basis, decoloniality must be reflective in the form, autonomy and authority of the governing structures, when it comes to technology regulation. A well-grounded approach is necessary to achieve decolonization, so as to enable private actors within countries to generate their own AI Ethics standards to achieve some parity in competence and opportunity; Decoloniality can also be achieved when countries (their governments and other multiple stakeholders within) have reasonable bargaining power to profess and present their own standards on AI regulation cum regularization, despite the fact that countries may agree to global norms, statements and declarations; {33}


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Decoloniality in principle cannot reverse nor change the political and social economy of a state. In practice, algorithmic decoloniality (or decoloniality in AI Ethics) must be based on rendering liberty to governments to shape economic policies reasonably. The role of the World Trade Organization and the World Intellectual Property Organization would be intriguing since they also would have to achieve some degree of parity in decision-making, since algorithm-centric economics (Thierer, 2012; Petit, 2016) if affects the MSMEs and other indigenous market structures, then countries would object the role of WTO in ensuring equity of opportunity for developing and underdeveloped states (Arora, et al., 2019); Decoloniality also relates with the way the first principles in the field of basic human liberties are shaped. Digital colonialism invites non-state actors to shape and misinterpret norms related to human rights owing to their own vested interests, which is similar to the misuse of norms like transitional justice and responsibility to protect in international humanitarian law, where countries like the United States and the UK impose their own norms and use non-state actors for their regime change operations (Bershidsky, 2018; Klarenberg, 2021). Thus, it is important that in order to preserve and protect the basic principles of human rights, decoloniality must an interlocutory role, where the competence to review and estimate human rights violations is vested within sovereign states. UN Human Rights, for example, also has been accused for their deep political prejudices against specific countries for a long time, which shows why decoloniality is required; How Decoloniality Shapes the Transformation of AI Ethics in Multilateral Forums. Decoloniality can shape the transformation of AI Ethics policies in multilateral forums in many ways. However, it is important to chart out the commonalities through which multilateral forums contribute to AI Ethics policies. Following are the commonalities: Multilateralism, in theory and practice, now involves the {34}


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important role of state and non-state actors, with giving more yield and participation to various multiple stakeholders, within the non-state actor category. It is virtually impossible to attain a global AI approach because most of the AI Ethics policies, which contribute to the soft power of countries globally, have been dominated by countries and regional blocs in the West (the US, the UK, European Union, etc.,). At a continental level, we are still yet to see advanced research capabilities being developed in various Global South Countries, where the role of such consistent non-state actors is encouraged with an equitable outlook with avoiding political interests. Multilateral forums generally help countries in implementing policies adopted, and even subsidiary multilateral forums, which are existent at the regional level or strategic level can assist countries in the same way. However, multilateral forums, which have been designed to favor the power dynamics of a few privileged countries, would not provide comprehensive policy suggestions. Since private actors are instrumental to the shaping up of AI Ethics standards, multilateral forums when reach at a level of workability and purpose, are influenced by the power dynamics of the realpolitik and so, the private actors. Recently, the United Nations released a report on disruptive technology, and emphasized on technology cooperation. Reportedly, Jack Ma from Alibaba was one of the Co-Chairs of the UN High Level Panel on Digital Cooperation (United Nations, 2019). It is important to note that Alibaba is one of the BAT19 companies in China and have been involved in surveillance activities and cross-sharing transnational data from foreign countries to China, which merit as digital colonialism in various countries around the world (Andersen, 2020; Jili, 2020); If we apply the CEI classification here, we can estimate the following: ─ As a concept, there should not be much problematic 19

BAT is an abbreviated term for Baidu, Alibaba and Tencent.

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considerations because the scientific conception of AI must not be dealt through including decoloniality. Instead, as an aesthetic-pragmatic concept, it is suggested that decoloniality can be used to dissociate ethnocentric biases that contribute to the formulation of AI Ethics models, in management and business studies, law, politics and other social sciences. However, biases cannot be removed completely and must be damped in a tactical manner, nor the need to dissociate biases justifies any unscientific and ideologically abstract worldview, which is used forcefully to denigrate moderately objective practices. Rationality must be adhered. ─ As an entity, the issue would be mechanistic and legal, so it is important that the determinacy of the legal and juristic personalities must be done clearly with an objective outlook. Decoloniality might play a role in dealing with legal issues, where a law or legal prescription manipulates and affects the identitarian character of individuals or communities. However, in most of the cases, an individualist approach must be led in order to deal with legal/juristic entity issues so that the mechanical resemblance of AI as a legal or juristic entity is attested and maintained without adding any identitarian element to it, unless the issue involves harmonizing legal issues of individual and group rights per se. ─ As an industry, focusing on the practical implications behind the AI-based products and services is important, but achieving decoloniality must be based on maintaining the bargaining advantage or coverage of the country, which is going to host the disruptive tech and its bi-products within. At the same time, companies of the host country must evaluate their supply chains and ethics standardization to compete fairly, since without economic power, decolonization cannot be claimed due to the West-centric (or America-centric) nature of the international institutions. {36}


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Policy Considerations for Decoloniality with respect to Digital Coloniality in India. Digital Coloniality (and so Decoloniality) has a political basis. However, in light of the previous sub-sections of this section, it is important to understand that there are several policy considerations, which are directly established, which governments, central and state-level, must address in India in their own way possible. Following are the commonalities with respect to digital coloniality in India, and what possible policy considerations can be at some latent level, be humbly suggested: Digital coloniality involves high-level & incremental investments and user coverage, which is utilized to influence the market systems in a country. ─ In the case of India, for example, Amazon has already been accused for their preferential treatment (Kalra, 2021), and possible investigations would happen sooner. Amazon already has 10 million (approx..) users in India and recently, their memberships increased by upto 65% post-the Prime Day sale they conducted on August 6, 2021 (Day One Staff, 2020)20. It is important to know that in the 65% increase of users, many of them according to Amazon, were beyond the Top 10 cities in India according to their calculations. Artificial Intelligence must be seen through a skill development aspect. Indigenizing ethical standards is possible when in line with the SOTP classification, individuals are trained to deal with various critical AI-based disruptive technologies (AI, AI+other disruptive tech or AI20

Here are some interesting excerpts from Amazon’s analysis of their Prime Day sale: “Alexa took 3X more requests from customers to pay their mobile, electricity and other bills and mobile recharges on the Amazon Shopping app (Android) during Prime Day compared to an average day […] Prime Video’s reach and appeal continues to grow and the service is now watched in over 4300 towns and cities, across the length and breadth of India (Day One Staff, 2020).”

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based disruptive tech); ─ For example, it has been recommended in a recent interview that there should be a self-regulatory body which focuses on skill-based gaming (Mediawire, 2021). The Government of India already invests in Skill Development Programmes and in the recent National Education Policy of 2020, the Government has proposed that coding must be taught from the sixth standard in colleges (Deoras, 2020). It has been proposed in the past to develop skill-based degree programmes, wherein beyond the Government, private actors are also trying to achieve the same to ensure that skill-centric employment is also availed (Deoras, 2020) through ventures such as UpGrad (for example). Like NEP 2020 suggests, a decolonized form of AI Education must understand the disciplinary connection between AI Ethics and other field (in the policy known as AI+X) and the learner-centricity in the discipline as needed. Digital coloniality has much to do with linguistics and semantics as well. India has a plethora of regional and subregional languages. Based on demographics, it is necessary to invest in Indic languages, beyond mainstream Hindi, for more AI-related educative and development work, which can sustain and rejuvenate opportunities for the disorganized section of India’s economy. ─ Startups are attempting to fuse and analyze Indic languages through Natural Language Processing to democratize internet literacy per se (Balaji, 2020). In constitutional and administrative law, the colonial character of legal interpretation, when it comes to, for example, (a) individual rights; (b) group rights; (c) preservation of diverse identities, cultural, social, religious, ethnic, lingual etc., & (d) definite structurization of the rule of law aspect of judicial and executive administration, must be reduced, to ensure that systems are not taking legal issues with a comparative bias. Additionally, it would be reasonable to localize the adjudication of issues related to fundamental and legal rights. India’s Institutional Approach Towards AI Policy {38}


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Development, Deployment and Improvement: Review ─ For the purposes of this book, it is important to assess the approach of key institutions in India towards the development, deployment (implementation) and improvement on AI, to give a more reasonable background for constructive analysis for boarding upon the objective to propose an Indic Approach to AI Ethics. India’s AI approach can be premised from a co-authored white paper entitled ‘National Strategy on Artificial Intelligence’ published by the NITI Aayog, the Government of India’s policy body. If we look at India’s approach towards international AI Governance, even if see their joining the Global Partnership on Artificial Intelligence, it is very much allied with the Western approach towards AI, mostly in line with the European Union’s GDPR model. This section is dedicated to a generic criticism and review of India’s institutional approach per se divided into the following subsections: • India’s AI Policy Dynamics and Visions • India’s Legal Position on AI • India’s Research Focus in AI • Status on Ethical Leadership in AI of Multiple Stakeholders in India • India’s AI Policy Dynamics and Visions. Let us begin with the National Strategy on Artificial Intelligence (NSAI) (NITI Aayog, 2018) by the NITI Aayog as the reference point to understand the Government of India’s policy understanding for AI and how would it be interested to shape and envision AI for India. The paper clearly suggests to take AI as an Industry (if we try to club it with the CEI classification discussed in the previous sections of the book), which means they proposed that the promotion of AI-related technology must be done from a commercial purpose to construct some ‘Garage’ for developing economies (NITI Aayog, 2018 p. 7). Now, the NSAI Discussion Paper rightfully acknowledges 5 important barriers to utilize AI in India to the best of its potential, which are described as follows:

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Lack of broad-based expertise in research and application of AI (NITI Aayog, 2018 p. 7), Absence of enabling data ecosystems – access to intelligent data (NITI Aayog, 2018 p. 7), High resource cost and low awareness for adoption of AI (NITI Aayog, 2018 p. 7), Privacy and security, including a lack of formal regulations around anonymization of data (NITI Aayog, 2018 p. 7), and Absence of collaborative approach to adoption and application of AI (NITI Aayog, 2018 p. 7). ─ All the 5 issues are real, and even practical enough. However, the paper does not address the weaponization of soft power through disruptive technologies, and the artificiality and vulnerability of cyberspace, which does not just involve critical issues of hard power and national security, but also involve some strategic thinking. However, suggestions of pursuing Centers of Research Excellence or CORE and establishing a National AI Marketplace is appreciable (NITI Aayog, 2018 p. 8). It is appreciated that the paper’s basis of AI democratization is based on marketcentrality. However, along with regulation, there should have been much emphasis on the trajectory of economic and social disruptions that any disruptive technology like AI can create, which further cannot be dealt by opaque legal restrictions but soft yet applicable regularizations. In the further sections, where the paper identifies goals for India in the realm of AI, they take an industry-centric approach. The section lacks research on understanding the weaponization of salience in supply chains and the transnational production of disruptive technologies, especially done by Chinese actors across the globe, for example (Dou, 2018; Hawkins, 2018). Mere mention of statistics and data reports about the role of India as a ‘Garage’ for developing economies (NITI Aayog, 2018 p. 18) except China does not qualify the discussion paper to envision a strategic outlook. In the portion on AI for a Greater Good, the authors do provide some limited examples on how AI can be put into use, but the portion {40}


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definitely lacks a strategic outlook, because of lack of research in even internalizing and problematizing the issue in the most accurate manner possible (NITI Aayog, 2018 p. 19). In areas such as agriculture, smart mobility, healthcare, retail, manufacturing, energy, smart cities & education and skilling, the paper does elaborate and explain the possibilities, where credit must be duly given to the authors of the paper (NITI Aayog, 2018 pp. 19-21). The paper appreciates and acknowledges the AI+X approach, which is certainly a promising statement (NITI Aayog, 2018 p. 22). Now, according to the Analytics India Magazine’s 2020 Report on the State of Artificial Intelligence in India, the AI Market is valued at 6.4 billion USD in India as of 2020 (Thomas, 2020). The report claims that the Indian market is now shifting from providing back-office services to global companies to driving key Research & Development initiatives across various key sectors (Thomas, 2020). Also, the Analytics, Product and Market Services dominate the market size of Boutique AI & Analytics according to the report with 145.6 million USD. Artificial Intelligence (without Analytics) is fairly second but much low with 55.4 million USD, according to this report in 2020. According to OECD, India runs 11 initiatives on AI as of now, where the Indian Institutes of Technology in Kharagpur, Madras & Roorkee, VIT University and Jadavpur University, Kolkata, topmost AI Research Publications from India (OECD.AI, 2021). Much investment is accorded in governance and ethical board advisories. However, as far as the policy considerations are to be noted, there are still many ethics standards, in various sectors that require implementation. The gap between implementation and promise is reasonable but not too thick, considering that most of the 11 initiatives are policy-related, regulation-related or run by Government bodies despite the fact that VIT University tops publications in AI Research from India in the year 2020 (OECD.AI, 2021). India’s Legal Position on AI. The NITI Aayog Discussion Paper (NITI Aayog, 2018 pp. 19{41}


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21) does not necessarily reflect India’s legal position on artificial intelligence. Section 2(o) of the Copyright Act, 1957 and the Section 3(k) of The Patents Act, 1970 can be subsequently interpreted as protected ‘literary works’ (both source code and open code are protected, but the question of ownership of anything developed by the AI system would usually be accorded to the owner of the application per se). Apart from the KS Puttaswamy judgement rendered on August 24, 2017, where right to privacy was recognized as a fundamental right, there is no significant work on data protection related to AI except the pending Personal Data Protection Bill in the Parliament of India. Even the KS Puttaswamy Judgment (Supreme Court of India, 2017) merely limits the understanding of privacy completely from the aesthetic perspective of the stakeholders of Western jurisprudence (primarily, the UK, the US and European Union member-states), without any pragmatic assessment. India therefore does not have any legal clarity on what its persona ficta is in terms of AI. The position of the institutions is that they inspire much of their work from the West, which is a rather shallow way of instrumenting legal solutions. However, it may be concluded that within the SOTP classification, India would surely adopt the subject-object perspective of AI as a legal personality, obviously under agency. India currently might not opt for any third-party interpretation of AI, but maybe in competition law, under the Section 3, Competition Act, 2002, the Competition Commission of India (CCI) might review their policy considerations on regulating competition of disruptive technologies in India. The Amazon issue (Kalra, 2021) also alerts India that the CCI must realize how to prevent the abject weaponization of the free market model of India, subject to still some vigorous technocratic policies under Indian bureaucracy, which after the 1991 reforms, have been influenced by wider economic cooperation with various nonstate actors from the US (from technology to climate to economics to entertainment etc.,). Under a CEI classification, India would invest on the frugality of the key industry sectors, {42}


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while still has not invested much on the conceptual and entitative aspect of AI, which combined form the strategic understanding of India on AI. The following can be inferred from this section: There should be more domestic investments on AI, in various states beyond Maharashtra, Karnataka, Telangana, Andhra Pradesh, Tamil Nadu & Haryana. Cities like Mumbai, New Delhi, Bangalore and Gurugram have been the centers for startups. Endorsement must be given even to cities in states such as Uttar Pradesh, Madhya Pradesh and Odisha. If the Analytics India Magazine report is correct, then India should weaponize and protect its assets in R&D for a longterm risk assessment, detection & prevention aspect once the Personal Data Protection Bill is enacted as law; The NITI Aayog and other government institutions do not have a strategic vision on AI Diplomacy and even that of even comprehending how strategic investments are important to curtail the weaponization of soft power. Mere becoming a ‘Garage’ for developing economies would not make anyone ignore the important submerged and erroneously merged issue of artificiality and vulnerability of AI in the social and political economy of India. Unless India’s strategic understanding on AI does not dissect artificiality and vulnerability, nothing much can be achieved to process and find diverse solutions. The High Courts can address legal issues on AI in the dimensions of intellectual property law, competition law and constitutional rights way better than the Supreme Court of India, because of the federalism within the Collegium System in the Indian judiciary. There should be some competitive judgments on the legal status of AI, thereby inviting richer perspectives on AI and Law from India, with anthropologically cogent evidence. The understanding of AI in law and policy cannot be limited to jurisprudence and strategic thought from China, the US, and other Global North countries. However, the separation of powers must be acknowledged and respected. The judiciary is at the centre of India’s rule of law machinery and how it deals with the {43}


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artificiality and vulnerability of AI therefore must be reviewed through credible, independent research. The cybersecurity infrastructure of Indian economy is very vulnerable, and beyond statistics, it is important that the vulnerability is effectively dealt in line with developing critical infrastructure. The Quadrilateral framework also must be seen in line with this critical reality.

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2 Constructive Analysis

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─ In this part, propositions will be made to drive an Indic AI approach, wherein the critique and propositions with explanations is limited on the important arenas of inspection: What can be the possible Value Systems and Models that can be developed in dealing with the artificiality and vulnerability of AI in the context of India? How can we inspire from the tenets of Indian philosophy and their seminal focus on human consciousness as a tool of evolution? How should India weaponize its position in various regional and international forums on matters related to technology diplomacy? The conclusions of the book follow the post-constructive analysis. 2.1

India’s Value Systems & Models in AI Ethics in a Multipolar Reality: Reflection and Proposition ─ This section covers a revisited outlook of two important facets of neorealism and the rules-based international order, which are multipolarity and multi-alignment. In the case of India, both of the political conceptions fit reasonably due to India’s less peculiar and diplomatically emerging position, based on the economic opportunism and technology sovereignty that India yet has to wield in the coming years. Based on the two facets, this section proposes the possible value systems and models, in the realm of AI Ethics, which India can adopt within the scope of their state and nonstate actors. Multipolarity in Geopolitics & India. Multipolarity is a political phenomenon, proposed by political thinkers, wherein, earlier states of politico-economic monopolies at a global level (or to a limited geography or some indicators that reflect apparent equality of military, cultural, and economic influence in a mutually in more than 2 countries). Hans Morgenthau and E H Carr, who belonged to the Classic Realist school of thought in international {46}


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relations, were of the view that multipolarity tends to be more stabilize, because it leads the great powers to form alliances and partnerships, thereby endorsing more multilateralism (and plurilateralism). Although Simon Anholt suggests that entrepreneurial multilateralism21 can be put into use as well, in a multipolar world (Anholt, 2020), but multipolarity also resembles some stark realities for India in the realm of international relations, which are well-suited and wellestablished. Dr S Jaishankar, in his recent book, entitled “The India Way”22 (Jaishankar, 2020 pp. 43, 69, 87) and even in various lectures and conferences in the past, has increasingly acknowledged that the rules-based internationality of the realpolitik is now tending towards a multipolar world. His basis of multipolarity is Asiatic, and in various forums, the Ministry of External Affairs has emphasized on the centrality of ASEAN in Quad (The White House, 2021) & the role of multipolarity in Asia (Press Correspondent, The Hindu, 2020; Press Trust of India, 2020). Even India’s approach in the IndoPacific is central (at maritime levels) along with the rest of the Entrepreneurial multilateralism means that countries can contribute to resolve global issues with an entrepreneurial mindset in a rules-based international order through various multilateral forums. This was proposed by Simon Anholt in his book entitled “The Good Country Equation” (Anholt, 2020). 22 An important excerpt from his book on Quad and the strategic issues related to multipolarity: 21

“[T]o the uninitiated or the anachronistic, the pursuit of apparently contradictory approaches may seem baffling. How does one reconcile a Howdy Modi gathering with a Mamallapuram or a Vladivostok Summit? Or the RIC (Russia-India-China) with JAI (Japan-America-India)? Or the Quad and the SCO (Shanghai Cooperation Organization)? An Iran with the Saudis, or Israel with Palestine? The answer is in a willingness to look beyond dogma and enter the real world of convergences. Think of it as calculus, not just as arithmetic. This new version of world affairs is a challenge for practitioners and analysts alike, but one that must be mastered to forge ahead. Risk-taking is an inherent aspect of diplomacy and most policy judgments revolve around its mechanics. It is also a natural accompaniment to hedging. When we look at this fourth basket, it is evident that a low-risk foreign policy is only likely to produce limited rewards. On occasions when India departed from this mode, some risks paid off while others did not. We laid out our broad approach as early as 1946 and developed that framework as time went on. Although India came under pressure in 1962 and 1971, it limited the compromises that it had to make and sought to revert to the earlier posture as and when it could (Jaishankar, 2020 pp. 92-93).”

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Quad members to curb Chinese influence in various strategic positions, such as the Strait of Malacca, Arabian Sea, the Archipelagos, South China Sea and even the Senkaku/Daiyou Islands (Tourangbam, 2019). In summary, in the context of technology politics (especially AI politics), the following enumerated are the potential merits and demerits of India’s attainment of multipolarity as a principled resolve in bearing foreign relations and driving international policies: India is an emerging market for AI (Thomas, 2020), but has a deep lack of value systems in determining the responsibility, accountability and liability of AI systems. In the realm of hard power, the role of critical and disruptive technologies is entirely different and certainly not much of an issue for now. In the domain of soft power, the benefits of multipolarity are clear because this approach enables India to represent itself as a leader of the Global South to endorse much backlash to the expansionist and transnational activities of digital colonialism by Chinese companies and state actors as per the case studies in the Section 1.2 of this paper; Although NITI Aayog’s argument of India being a ‘Garage’ for developing economies is not far-fetched but highly idealist in terms of developing strategic thinking (NITI Aayog, 2018 pp. 16-21), economic leverage can be achieved by India quite prompter and swifter because of its peculiarly impeccable position as a leader in tackling climate change issues, digital technology and other global problems. India can lobby quite effectively and develop much moral capital with countries (developed and developing) quite swiftly; India’s representation of a persona ficta is quite generous and benevolent, which is quite frugal as of now in terms of how much of its positions as a civilizational state are institutionalized despite showing good gestures and taking reasonable actions. India can also fit within Simon Anholt’s estimate of a Good Country (Anholt, 2020), due to its utmost representations of individualism and soft altruism in diplomacy; If India properly develops its value-systems on the ordeal of fostering the idea of a knowledge society & economy {48}


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(Ministry of External Affairs, Government of India, 2020)23, considering that India is a skill-centric economy (Sanghi, et al., 2019), multipolarity enables India to address the following: ─ How vulnerable artificial intelligence is, and how cultural, epistemological and pragmatic aspects of AI must be distinctively put into question, to prevent any abuse of AI-based technology into the political and social economic fronts of the developing economies24,

In his address at the Bloomberg India Economic Forum, the EAM’s focus on knowledge economy and resilient supply chains is quite indicative (Ministry of External Affairs, Government of India, 2020) because India involves with multiple stakeholders accorded in various activities in cooperation in the domain of soft power. 24 A paper by Liu and Maas (Liu, et al., 2021) divides the perspective of AI Governance at a scale of 0 to 3, where, the following constants between 0 and 3 are represented as follows: • Level 0 – Business as Usual – Resistance to change and no focus to change doctrinally; • Level 1 – Puzzle-Solving – Solving local issues and doctrinal inconsistencies in the law involved; • Level 2 – Disruptor-Finding – Finding actors which disrupt the structure of governance; • Level 3 – Charting Macrostrategic Trajectories - Finding ‘crucial considerations’ for how AI could shift overall trajectory of society towards (a) terminal trajectories; (b) vulnerable worlds; (c) exposed worlds; (d) bad worlds; (e) good worlds (Liu, et al., 2021 p. 17) Additionally, Roger Brownsword suggests in his article on legal disruption and its regulation (Law and Technology: Two Modes of Disruption, Three Legal MindSets, and the Big Picture of Regulatory Responsibilities, 2018) in three important stages in the realm of administrative law and technology: • Coherentist: maintaining the old status quo • Regulatory-Instrumentalist: weaponizing how to regulate, correct noncompliance • Technocratic: animating or machinating regulation through technocratic means; also means to double-up in ensuring that the same is properly achieved If we try to optionally apply the two sets of corollaries, India would be currently at Level 1 with some strands of expectation to intercept into Level 2. Additionally, India is currently between the Coherentist and Regulatory-Instrumentalist phase of administration of law-technology issues as of March 2021. Even if India enacts the Personal Data Protection Bill soon, the implementation of the RegulatoryInstrumentalist phase would require democratization of the regulatory regime, 23

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especially in the Indo-Pacific and continental Africa; ─ How will international law on AI governance be contributively shaped so as to ensure more space to plurilateral considerations of countries in the Global South25; ─ How will vulnerable areas (prone to AI), such as education, agriculture, sports, judicial reforms, entertainment, arts and music and others , which contribute much to the soft power component of countries be independently addressed by multilateral forums, and how will the credibility of the stakeholders be established and protected; ─ How will decolonization of digital colonial practices and operations put under action by multi-national companies and international NGOs be regulated and optimized to ensure every Global South country have relative autonomy to bargain and decolonize their constitutional, administrative, judicial, economic and social systems – considering the ethnocentric nature of soft power weaponization through artificial intelligence; India and Multi-alignment. Multi-alignment is an active form of engagement approach, which countries can employ quite opportunistically in a multipolar global order. India’s approach of diplomacy and confidence-building, considering Indian External Affairs Minister Dr S Jaishankar’s approach of diplomacy (Jaishankar, 2020 pp. 43, 69, 87) clearly shows how riskassessment is necessary to ensure that much engagement happens with countries at the least or most possible levels even at the tiniest extent, wherever leverage can be built upon accordingly; which would take some time. Maybe based on efficacy and its indicators, in the realm of law and justice, future research could come up. 25 Suggestively, India should work on embracing its approaches to develop its own international legal approach on artificial intelligence regulation and regularization. Mere imitation of the European Union/Council of Europe regulations and American competition policy does not support India strategically.

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The quite common approach of engagement, however, can be compared with India’s decades-old Non-Aligned Movement (NAM) and former Indian PM Nehru’s non-alignment strategy, which however was done away with former Indian PM Indira Gandhi’s direction to lead India partner with the Soviet Union through the 1971 Treaty of Peace, Friendship and Co-operation (Ministry of External Affairs, Government of India, 1971) for the conflict in East Pakistan (now Bangladesh). While non-alignment failed in the 1962 SinoIndo war and was proven untenable post-signing the 1971 Indo-Soviet Treaty, scholars argue that non-alignment often used to provide some sort of stable approach to avoid alliances at all cost to avoid giving too much allegiances on many frontiers (Kalyanaraman, 2015)26; We have to take serious consideration of India’s multialignment approach (Multialignment and Indian Foreign Policy under Narendra Modi, 2016 pp. 271-286), because multi-alignment in a globalized and neorealist global order involves dealing with high-level and low-level risk escalations (Pant, 2020), which sometimes might involve nearly all relative areas of cooperation that sometimes, countries are unable to adopt negative neutrality (neutrality to accept peace without realizing it through competitiveness but only on the basis of principles without strategic and real capabilities), non-alignment or even hard politico-economic alignments; ─ For example, India has departed from the post-1988 26

Harsh V Pant rightfully argues in one of his works on India and NAM about the passive need of multi-alignment as follows: [M]ultiple reasons explain India’s reluctance to fully embrace and internalize all of the liberal global governance agenda including that of democracy promotion, the responsibility to protect and neoliberal global trading regimes. For one, India is yet to overcome the stranglehold of its ideological past. Ideas such as sovereignty, nonintervention and strategic autonomy are rooted in its strategic culture but also possess certain domestic political value. Second, even when New Delhi has seen a great transformation in its economic and military prowess in last quarter of a century, the willingness to use its power beyond its immediate neighborhood is yet to be internalized by its political decision-makers. (Rising India and Its Global Governance Imperatives, 2017 p. 11)

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consensus it had with the Chinese (India Today, 2021) as Dr Jaishankar had made it clear in his several statements, which means that India cannot engage for wider economic and technology cooperation with China, if the border issues between India and China continue to exist, which till date they do, which often is blamed on China’s ‘conditional sovereignty’ undertaking, where since their border claims vigorously change with time, they fail to gain some sort of international recognition within international law (Pandey, 2020). Multi-alignment as an approach is not a policy, but a risksoaking approach in foreign policy, where countries like India attempt to soak the risks that transit amidst the traditional & emerging alliances, relations and partnerships; ─ India’s relationship with Israel explains the same, for example. India supports the recognition of Palestine as a sovereign state, and often has voted in the UN General Assembly against Israel in the past (up to 94% times) (UN Watch, 2021). India also funds 2 million USD to a United Nations Agency committed to provide relief to the Palestinian refugees (UNRWA, 2020). Yet, India supported the Abraham Accords between Israel and the United Arab Emirates sponsored by the US under Donald Trump and Israel under Benjamin Netanyahu (Mohan, 2021) and balances its ties with Iran and the Arab states as well. The recent visit of Brigadier General Amir Hatami, Iran’s Defence Minister in India in 2021 signifies India’s interests to capitalize on the in-road efforts to stabilize Afghanistan (Taneja, 2021)27. Since Israel is emerging as a soft power for the MENA region for economic cooperation with the Arab 27

Taneja remarks: Hatami called the invitation for Tehran to attend the Indian Ocean Region defence ministers’ meet as a “turning point” for India and Iran, calling the bilateral standing at a “good level.” The apparent absence of senior attendees from the likes of the UAE, which is also a member of the Indian Ocean Rim Association (IORA), indicates a more concentrated and designed effort by New Delhi to host Iran at this particular meet without other geopolitical complexities coming into play (Taneja, 2021).

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states (Vohra, 2021), India believes that amidst the ‘profound changes’ it is undergoing with respect to West Asia, China and the Indo-Pacific (for example), the IndoIsrael relationship is much imperative per se, as EAM Jaishankar pertains to upping of the bilateral relations between India and Israel (Press Trust of India, 2021). Multi-alignment is quite risky in adoption, but for India, if the approach is dealt quite better, through maintaining calibrations28, then the trajectory could be balanced; While AI in global multipolarity has to do with encompassing on international law, governance & opportunity issues, AI in multi-alignment would have to contribute directly to the power dynamics of countries, less in soft power, and maybe more in the context of hard power. What it also means that beyond cultural and ethnocentric perceptions and idea-model making, India should emphasize on the following to deal with AI in the context of soft power through its perennially contentious multi-alignment approach: ─ That it must dominate itself as a regulatory power to encapsulate concern-sharing and standard-dominating measures in deciding how the weaponization of AI in both soft and hard power domains is transcended. ─ That it must leverage upon skill reproduction security under international labour law (since it already assumed the Chairmanship of the Governing Body of ILO till June 2021 and would be an important member of the International Labour Organization) for the Global South countries. Harnessing an open and clearer space for skill security for the emerging economies can surely make India not just an AI ‘Garage’ (NITI Aayog, 2018) but would make it a smarter and safer haven to Chinese imperialism. ─ That taking from the preliminary introduction (in an exemplary manner) of the Working Group on Critical 28

Ref (n 27). The reference of Indo-Iranian relations with respect to the absence of UAE shows the generic possibility of how multi-alignment is thin-risky in application, as in taking the reference of the UAE-Iran ties. Also ref (n 22);

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Technologies under the Quadrilateral (The White House, 2021; Panda, 2021), India can also incentivize safely and gradually over its multi-alignment approach to drive its measures in maintaining and developing ties with countries across the Global North and South delicately but quite openly with some intuitive appeal on the first principles (such as the utmost basic principles of technology law and human rights under international law, for example, since it is clear that India would lead to emphasize upon the international legal part of driving the Quadrilateral (Chaudhary, 2021)); The Value Systems and Models in AI Ethics: Propositions & their Proportions. Following are the proposed value systems and models, which India must emphasize upon (in coherence with analysis in the Section 2.2 of the book) considering its experience of multialignment in a multipolar neorealist world29: Value systems and models require some vision and focus. India can avoid taking the short-term focus of Brownsword’s 3 proposed stages (Law and Technology: Two Modes of Disruption, Three Legal Mind-Sets, and the Big Picture of Regulatory Responsibilities, 2018) and the long-term reductionist risk-centric approaches to a conceived technical ‘Grundnorm’ or ethical convention of artificial general intelligence (AGI). Yes, algorithmic supremacy and quantum supremacy are important for countries and even India, but as India must coherently develop its stronghold on R&D and defence in AI, it should contribute and navigate the international community towards algorithmic and cyber neutrality. India must define and lead in delineating ethical concepts under the CEI approach (please refer to the Section 1.2 of the book) such as responsible AI, explainable AI, trustworthy AI, 29

These value systems transcend the target entities, and are not solely dedicated to governments, regulatory and statutory bodies & public officials. They extend to the special role of other multiple stakeholders, who can contribute as much as possible.

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omnipresent AI, safe AI, social AI, and others30. Since there are already actors in the Americas & Europe who are insistent to develop regulatory hegemon on International AI Governance norms as much early as possible, India should lead and represent the Global South in framing norms on AI Governance in a relatively proportionate manner, which surely depends on India’s economic leverage over the European Union and the United States in technology and other frugal areas. India must embrace soft laws but must internalize AI regulation through various internal stakeholders such as startups, digital technology companies, etc., to shape their challenges of governance in the Technocratic stage under Brownsword’s proposed 3 stage31. This must be achieved through an effective dissimulation & removal of the vulnerability which can be risky for India’s political and social economies. India must lead its own aesthetic and pragmatic embrace of decoloniality in international law and technology, by diminishing the opaque nature of materialistic outcomes and objectives for which AI is being exploited. Focus must shift from the doomed urge of utility to an upsurging need to revitalize the ecological aspect of the polity, with Indian standards, made and designed for Indian conditions. For example, India is already vouching to have infrastructure reforms and revitalization in the realm of urban development and land law, which requires much empirical approaches (Chaudhary, et al., 2021). Since India can fare well on skillcentric education and employment considering their potential in STEM for example, India should infuse more Norms on AI Ethics have not been universally affirmed by all 193 UN-memberstates as of now, since the paper presumes the UN (and the ECOSOC member organizations) as a principal intergovernmental organization for globalizing and ‘transnationalizing’ AI governance. Only partnerships and alliances like the EU, OECD, Global Partnership on Artificial Intelligence (GPAI) and others show some navigated directions towards which countries are tending to move ahead. India is a part of the G20 and GPAI and must wield influence in both. 31 Ref (n 24) (Law and Technology: Two Modes of Disruption, Three Legal MindSets, and the Big Picture of Regulatory Responsibilities, 2018). 30

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anthropologically relevant value models, which shape entrepreneurs’ visions on AI and its democratization through any possible product or service. India should develop a sense of cyclicality on the renewability of opportunities, skill security & design thinking (cum thought leadership), which can be done through infusing cultural and aesthetic values of the Indian culture, to reflect a latent but pragmatically healthier part of India as a persona ficta. Resembling the notion of a civilization involves decoloniality, but unless a long-run cyclic approach of infusing those values behind entrepreneurship and thought leadership are not internalized, localized with much of a global experience and consideration, it would be hard for India to develop and strengthen its AI leadership, considering the immense role of consciousness in shaping the Vedanta in Indian philosophy, which turns out to be India’s marvelous contribution as a civilizational state historically. Civilization states like the United States and the European Union exploit their capabilities for quite material motives, which somehow can turn out to be quite ulterior and untenable. The US can exploit its army’s cyber, naval, air and military capabilities through various alliances and groupings, while the EU is generally accused of creating a regulatory hegemon through the General Data Protection Regulation, and its transnational nature. This generally leaves them bemused in their strategic goals, not vision. While India has been drafting amazing goals in the past, through policies like non-alignment, no-first use in nuclear policy, constitutional morality and others, its institutions have certainly much strategic vision, since their understand of India’s sovereignty is based on negative or temporary notions of peace or warfare. Here, AI becomes a vicarious asset for India. It is thus recommended that India’s strategic outfit must focus on how the government would preserve and solidify notions and practices that serve & strengthen Indian sovereignty32. 32 Notions of sovereignty must not be confused with the excuse of national security

to evade transparency in governance. Instead, the proposition must be seen

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India’s constitutional policy is quite unplanned33 and extensively inspired both aesthetically and practically from American, European, and other jurisprudences. Its system of parliamentary democracy is of the UK (the Westminster) and even common law is heavily inspired from the UK. Now, India has achieved some minor legal innovation in constitutional policy so far. However, to assess how much disruption can AIbased products and services can be contained through the system, it is important that decoloniality plays an important role in shaping the liability framework in Indian law. This cannot be merely achieved through just enacting laws and rules cum regulations. Thus, to deal with AI, there must be stronger vertical hierarchies in the judicial system, where access to justice & law enforcement is not so much overly centralized (some degree of centrality is reasonable) but localized. Through dealing issues in IP, anti-trust, data protection, privacy and other related legal and policy issues, India can develop its Grundnorms of regularization of AI in ensuring justice and rule of law through effective & graduated implementation machinations34. For example, if Indian companies begin drafting their AI Ethics policies and constitute AI Ethics Boards, the government must ensure that the Boards’ accountability is localized but rooted with much proportional investigative efficiency and not through rogue legislations & rules, whose enforcement dampens once enforceability is unforeseeable and impossible. 2.2

Indian Culture & Philosophy and the Cyclicality of Focus on Human Consciousness & its Peripheries:

with the need to revisit the polity’s institutional considerations, goals & collective visions to avoid duplicating and vicariously imitating the similar aesthetic and pragmatic norms on AI, constitutional law, conflict law & even critical issues like human rights, technology security, climate change and others. Salience would drive India’s value systems in AI ethics. 33 Please refer to the Part 1 of the paper. 34 This would entirely base on the (1) empirical attainments of inferences drawn from how the critical legal and policy issues on AI are dealt; and (2) how resistant and digestible a constitutional system can be.

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Review ─ This sub-section in line with the previous sub-section, would critically evaluate about the use and schematic aspects of some (not all) ideas and outlooks derived from Indian culture and philosophy35. Second, this sub-section emphasizes upon how human consciousness is treated and attested in the philosophical and cultural tenets of Indian culture and philosophy. Third, this sub-section evaluates the proposition that India should develop a cyclic approach on establishing the relationship (legal, social, cultural, political, economic and others) between AI products and services & humans as data subjects as given in Section 2.1 of the book. Indian (Bhartiya) Cultural Understanding of Technology & its Relationship with Humans: AI Ethics. Indian culture is multi-lithic, which means that its stretch and communal hierarchies, from folklore to mores to music to other aspects that resemble the Indian civilization and its enriched history, is much dynamic & has a diverse bottom-up means of rapprochement of identities, schools of thoughts and other differential features. Now, technology has a syncretic aesthetic and pragmatic basis from the societies and civilizations that have existed, survived and have collapsed. There is existent understanding of the role of technology in human life – whether through any dimension. Since, the element of vulnerability and artificiality exists in general with artificial intelligence, the Bhartiya cultural understanding of technology can guide and gauge many ways to shape India’s AI Ethics approach. Through some illustrations explained, the context of this portion in the Section 2.2 is hereby discussed. Oral Education and Knowledge Systems. 35

The author of the Book at the best of their knowledge has proposed those concepts, considering that this is a Book intended to endorse policy suggestions for further research. Therefore, the suggestions in 2.2 must be critically evaluated, considering it to be suggestive.

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It is often noted that in the Vedic age, oral education was much common, where knowledge sharing was swiftly permeated among students in the schools. Even today, there are many Vedic schools in India, which rely on oral education for learning and comprehending the Vedic literature such as the four Vedas, the eight Upanishads, the Itihasas (Ramayana & Mahabharata) and other prominent primary and secondary texts (Thakar, 1991). Additionally, the culture of debate and its nuances, was very much syncretic and assembled36. Works by Panini in Vedic grammar also contribute to amazing scientific contributions in the fields of computer science and mathematics37. It is proposed that from the oral education system of the Vedic age, at least the following can be surmised (nonexhaustively) with a reflective perspective: Self-learning and experiential education are important for a skill-based economy like India, considering AI. If effectively, the potential of the formulations and infrastructure of Vedic 36

An excerpt from an article: [T]he Mahabharata gives examples of famous ashramas such as Naimisha, which was a forest university headed by Saunaka. Other hermitages mentioned in the epic are those of Vyasa, Vasishtha and Visvamitra. One hermitage near Kurukshetra even mentions two female rishis. Among Vyasa’s famous disciples were Sumantra, Vaisampayana, Jamini, Paila and Suka […] References to Tarka-Vidya, the science and art of logic and debate and Vaada-Vidya, the art of discussion can be found in innumerable ancient texts such as Ramayana, Manusamhita, Mahabharata, Skandapurana, Yajnavalkya Samhita, and Chandogya Upanishad, to name just a few. (Singh, 2016)

37

An excerpt on the scientific contributions: [T]he systematic grammar rules help to compose highly intuitive structures like contemporary machine languages. Panini’s work was the forerunner to modern formal language theory (mathematical linguistics) and formal grammar, and a precursor to computing […] The use of meta-rules, transformations, and recursion together make it as rigorous as a modern Turing machine. The approach for deriving complex structures and sentences represents modern finite state machines. […] The work of Panini is used in several theories like in Optimality Theory, the hypothesis about the relation between specific and general constraints is known as “Panini’s Theorem on Constraint Ranking”. Behaghel’s law of increasing terms, which is proposed to be called Panini’s Law by Cooper and Ross, who found it to be taken from Panini’s work (Garg, 2021).

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learning is understood effectively, then much of secured and indigenized forms of innovative practices of ed-tech can evolve, which do not need to be highly technocratic, but must be focused on a human-led, human-centric optimization of knowledge, considering the mechanistic aesthetics of AI systems in education; Even the systems of retentivity, analysis and estimation when are utilized through AI, studying the Vedic form of education (and even other Indic forms of education systems) would devise smarter and creative solutions to optimize and advance human cognition; Sustainability, Ecological Issues and Climate Change. Dharma, the underlying concept of the Bhartiya culture, is deeply connected with issues related to climate change and its overarching patterns since the Vedic ages. If we assess the system of Purushartha – which comprises of Dharma, Artha, Kama & Moksh, it is clear to estimate that while Artha & Kama (which involve the attainment of physical/material needs from the flora & fauna) are a part of human life, it is the notion of Dharma, which balances the Artha & Kama to attain Moksha. The notion of Dharma can therefore be used to endorse sustainable attainment of Artha & Kama, which principally – is analogous to sustainable development. The difference here – is that the Purushartha emphasizes on an individual’s life and their actions. It can definitely have a collective embrace, but the design is individual-centric as well. Another example that can be taken in the context of Indian culture is the existence of sacred groves in various parts of South India (B, 2020). These sacred groves are used in the process of worshipping of the nagas (snakes) in India as per the Indic traditions, which range from Yajurveda (Sekhar, 2014 p. 48) till now. Green criminology also for example had some origins and strategic reflection in Kautilya’s Arthashastra, where penalties and punishments were specified for injuring animal creatures (Forest and biodiversity conservation in ancient Indian culture: A review based on old texts and archaeological evidences, 2014 p. 36; {60}


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Kangle, 1986)38. Some reflections on this portion are enumerated as follows: The Indic approach to sustainable development and combating climate change is communal and naturalistic, which means that it stems through a bottom-up self-attained method of environment conservation. This gives a realizing outlook over how can micro-technocratic or microindividualistic methods be adopted through AI, and the outlook towards technology as a subject/object/third party in ecological conservation would diversify much; India’s geography is diverse and must be understood in sync with the geographical estimations of the Indic scholarship and primary sources – which enumerate about sustainability and the conservation of environment for further research; Indian (Bhartiya) Philosophical Modalities on Human Consciousness; Scientific & Naturalist Understanding. Indian Philosophy has 6 important tenets in their Orthodox traditions. However, within those 6 tenets, there are various diverse schools of thought which have distinct epistemological undertakings of society, individual life, health (mental & physical) and others. Schools of heterodoxy such as Carvaka, Buddhism & Jainism have reasonable differences with the overarching undertaking over issues such as way of life, epistemology, and others (Radhakrishnan, et al., 1957)39.

38

An excerpt from the article by Bhattacharya: [R]g Veda mentioned that plants had preceded animals, particularly man, in the process of evolution. In Upanishad, the idea of evolution was expressed as „ From that very Atman ether came to be; from ether air, from air fire, from fire water, from water the earth, from the earth herbs, from herbs food and from food the person came into existence […] The oral tradition and the Veda would have to be among the earliest record of ruminations on nature and environment in India. In the Vedic literatures mother Earth was personified as the goddess Bhumi, or Prithivi. Her beauty and profusion were vividly portrayed in the Atharva Veda: “O mother, with your oceans, rivers and other bodies of water, you give us land to grow grains, on which our survival depends. Please give us as much milk, fruits, water and cereals as we need to eat and drink.” (Forest and biodiversity conservation in ancient Indian culture: A review based on old texts and archaeological evidences, 2014 p. 39)

39

An excerpt for reflection:

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Dharma. Dharma is the schematic basis of Indian philosophy, which stems its embodiment from the Rig Veda to various primary sources of the Indic traditions, whether Hindu, Buddhist, or Carvaka or even Jain. However, it is important to assess the epistemological basis of Rta/Rtam, which proposedly might be associated with the term algorithm (Malhotra, 2021 p. xiv). Rta signifies as the Vedic explanation of patterns, which make up the universe40. If necessary, Rta as a concept can also be associated with the aesthetic-pragmatic influence of AI made in the book in Section 1.1, where while aesthetic influence has its own instrumental value, pragmatism is highly important to be adjudicated as well. Dharma can also be interpreted as a self-regulation for individuals who practice Indic faiths and

[T]he study of Indian philosophy is important historically, philosophically, and even politically. The Indian philosophical tradition is man’s oldest as well as the longest continuous development of speculation about the nature of reality and man’s place therein. It began with the ancient Vedas, which are probably the earliest documents of the human mind that have come down to us, and has continued age after age in progressive philosophical advance in the effort to understand life and reality. But it is not as a piece of antiquarian investigation that we of today should study Indian philosophy. Despite the tendency to respect and revere the greatness of the past, Indian thinkers of all ages have been deeply and profoundly concerned with the ultimate truth which is timeless. Nor should we study Indian philosophy as a merely provincial or geographical approach to reality. Despite charges by some Western critics who would accuse Indian philosophy of neglecting scientific method, Indian thinkers have not been anti-empirical and have not neglected nature in their study of reality; nor, in their study of man, have they been excessively restricted to those characteristics which may be peculiar to man in India. India’s concentrated study of the inner nature of man is, in the end, a study of man universal (Radhakrishnan, et al., 1957 p. xxviii). 40

Radhakrishnan and Moore explain Rta as follows: [R]ta, the law or order of the world—literally “the course of things”— provides the standard of morality. As seen in the preceding section, Rta represents the orderliness and eternal Law of the universe. Here, Rta stands for the same principle in human conduct. Orderly and consistent conduct is the essential feature of the good life. Disorder, often represented in the form of falsehood, is the greatest evil. Virtue is conformity to the cosmic law. (Rta also serves as the origin of the basic ethical concept of dharma in later Indian philosophy.) Love of fellowmen, kindness to all, and obedience to our duties to the gods and to men are enjoined. Asceticism, fasting, and abstinence are not unknown to the Rg Veda, but asceticism is not the dominant note (Radhakrishnan, et al., 1957 p. 27).

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traditions. However, considering India’s persona ficta proposition in the book, it is asserted that Dharma can be understood, at communal, tribal & even individual levels a mirroring soft law, which based on the naturalistic centripetalism towards the notion of duty, can be associated with preserving and optimizing privity to human consciousness. This however, should be understood with an epistemological outlook instead of a legalist or rule-based outlook. For example, the idea that Dharma is some form of a soft law can be indeed helpful in entrepreneurship, sustainable development, privacy affairs, diplomacy and even other fields from the Indian standpoint, considering the crystallizing & emerging role of self-regulations in the international community. AI also invites self-regulation in many flagged stages, and it has to be understood that the overtechnocratic ethos of a self-regulatory framework41 or maybe Ref (n 24) (Law and Technology: Two Modes of Disruption, Three Legal MindSets, and the Big Picture of Regulatory Responsibilities, 2018). Special note: While Brownsword’s analysis of the 3 stages (while they were mentioned as 3 concepts, but they are apparently very much like stages) covers the technocratic approach, even there the question about an individual’s choice rights in the realm of cyberspace would not be ignored much. An excerpt mentioned in the article states as follows: 41

[F]uture concerns will likely relate to the freedom and capacity to create conditions in which we can flourish as individuals; governance will determine the social, political, legal and moral infrastructure that gives each person a sphere of protection through which they can explore who they are, with whom they want to relate and how they want to understand themselves, free from intrusion or limitation of choice (The Royal Society and British Academy, 2016 p. 5).

The freedom of individual communities (especially indigenous) amidst the ongoing datafication of the physical realm must not be compromised anyways, which Brownsword discusses in page 28 of the article (Law and Technology: Two Modes of Disruption, Three Legal Mind-Sets, and the Big Picture of Regulatory Responsibilities, 2018 pp. 28-30). Brownsword critiques the difference between the technocratic and coherentist approach here: [S]o, unlike coherentists, technocrats are not concerned with doctrinal integrity and their focus is not on restoring the status quo prior to wrongdoing; and, unlike regulatory-instrumentalists who do view the law in a purposive way, technocrats— or, at any rate, those who are contemplating interventions at the hard end of the spectrum—are concerned with preventing or precluding wrongdoing and employing technological measures or solutions, rather than rules or standards, to

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multiple (and different) forms of technocratic self-regulatory frameworks beyond an epistemological level, must be looked carefully. The role of Dharma can be to gauge a safer approach to preserve liberty and autonomy of Indian citizens where self-regulation plays its ex-ante role (which is what technocrats would do), but to project and solidify India’s credentials, as discussed in the context of law in Section 1.4 & decoloniality in Section 1.3 of the book – Dharma can contribute in many ways to shape the basics of different technocratic systems which emerge. Benefits can be (proposedly) as follows: When private actors dominate self-regulations, governments are always bound to make regulations in line with that. Since organizations like NITI Aayog do not have a strategic outlook towards India’s persona ficta, which is clearly demonstrated in their work on AI42, it seems clear that creating, manifesting and bargaining among various forms of technocracies would be an important ‘Dharmic’43 challenge for India. Technocracies of any form represent what sort of technology44 at an epistemological level they have adopted with. It is therefore proposed that the primary and secondary texts on Indian philosophy (and culture) are of utmost significance – because they can be understood, analyzed and put into use to replace or gain bargaining power against the technocratic systems, which have digital colonial and ethnocentric biases. The scientific efficacy of any such system cannot be limited to its pragmatic basis, but must be extended to the aesthetic achieve their objectives (Law and Technology: Two Modes of Disruption, Three Legal Mind-Sets, and the Big Picture of Regulatory Responsibilities, 2018 p. 22).

Please refer to the criticism in the Section 1.4 of the paper. The term dharma must be understood with a context of duty & responsibility, not religiousity in the context of the mention given 44 Here (only for the purposes of mention at this position in the paper), the term technology does not mean the general meaning of the term technology only and is not limited to electronics or applied/special sciences related to technology & engineering. It is asserted that technology means any tool, which has some schematic background behind its purpose, implementation and effect. A technocracy is built upon various ‘tools’, which are meant to achieve some goals. 42 43

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features of the same.45 Cyclicality of Focus on Human Consciousness & its Peripheries: an AI Ethics Approach. Indian philosophy accords much importance to the existential and epistemological aspect of human consciousness. In order to understand how human consciousness and its proposed cyclicality of human consciousness is important in the context of AI Ethics, it is important to assess cross-cultural psychology in the context of the Vedic studies. One of the important reasons why this assessment is needed at the first place, is because cross-cultural psychology helps us to understand how ethnocentrism works, and in what ways the aesthetic factor, which is deeply attached towards ethnocentrism, affects AI Ethics policies. The data is clear on psychology studies. More than 90% psychology studies participants from the WEIRD countries, i.e., they come from countries that are Western, Educated, Industrialised, Rich and Democratic (The weirdest people in the world?, 2010). Even in terms of holistic thinking, Asian societies do better (Is It Culture or Is It Language? Examination of Language Effects in Cross-Cultural Research on Categorization, 2004; Attending holistically versus However, it must be understood that aesthetics should not be used to intervene and manipulate the system for ulterior motives. Yes, the agents of aesthetic influence can be tangible as well as intangible. A proposed way to deal with this constraint of vulnerability is to: • Determine if there is any agent of aesthetic influence • Determine whether the agent is tangible or intangible. Now, if the agent is tangible, its aesthetic effect would have some systemic/vicarious/settled form of effect and target value at large, with some minor differences. If the aesthetic effect is highly uncertain and multidirectional, then its adjudication becomes different and that would at least for now ensure that it would be intangible. • Determine clearly the proximate form of vulnerability in that tangible or intangible agent of aesthetic influence • Do not endorse nor let exist any form of legal or policy contagion based on the intersectionality between the already default & design principles of the system & the vulnerability at its very root. Those ‘contagions’ can even be subject to manifest influence (Abhivardhan, et al., 2021) through the algorithmic biases in AI products and services. 45

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analytically: Comparing the context sensitivity of Japanese and Americans., 2001). Now, cyclicality in general has to do with the idea of Karma (Radhakrishnan, 1927 p. 244)46 in Indian philosophy, and also with the geographical-historical leaps and bounds of the Indian civilization. Now, Karma, according to Radhakrishnan (Radhakrishnan, 1927 p. 245) is a concept which attributes a sense of individual responsibility upon the being, which takes birth and rebirth in a cyclic manner. Interestingly, Radhakrishnan compares Karma with thermodynamics and terms its as the law of conservation of moral energy47. It is therefore proposed: 46

This excerpt from Shrimad Bhagavad Gita, Chapter 8 on Cosmic Evolution, translated in English explains Karma with a philosophical aspect: [T]he Blessed Lord said: 3. Brahman [or the Absolute] is the indestructible, the Supreme [higher than all else], essential nature is called the Self. Karma is the name given to the creative force that brings beings into existence. 4. The basis of all created things is the mutable nature; the basis of the divine elements is the cosmic spirit. And the basis of all sacrifices, here in the body, is Myself, O Best of embodied beings (Arjuna). The soul goes to that on which it is set at the moment of dissolution 5. And whoever, at the time of death, gives up his body and departs, thinking of Me alone, he comes to My status of being; of that there is no doubt (Radhakrishnan, et al., 1957 p. 129).

Another important excerpt from Radhakrishnan on Gita, which elucidates much about the Karma theory: Man is a contradiction between the finite heritage of nature and the infinite ideals of spirit, and by a gradual submission of the chaotic principles of nature to the divine spirit he has to work up to his destiny. It is his aim to break the shell of his own little being and blend in love and perfect union with the divine principle (Radhakrishnan, 1927 p. 210). 47

An important excerpt from Radhakrishnan (1927): [K]arma rightly understood does not dis-courage moral effort, does not fetter the mind or chain the will. It only says that every act is the inevitable outcome of the preceding conditions. There is a tendency of the cause to pass into the effect. If the spirit, which is on a higher plane than nature, does not assert its freedom, past conduct and present environment will account completely for the actions of man. Man is not a mere product of nature. He is mightier than his karma. If the law is all, then there is no real freedom possible. Man's life is not the working of merely mechanical relations. There are different levels – the mechanical, the vital, the sentient, the intellectual and the spiritual – these currents cross and recross and inter-penetrate each

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The notion of cyclicality does not accept the theme of linear consequentialism and their materialist factions of thought. Cyclicality (through karma in various schools of thought, whether Bedhabheda, Vedantic or Buddhist) embrace the idea that things are beyond proximity at an individual level. Thereby, it is proposed that AI policies, which are central to human individual life, its privity, privacy and security must be dealt with a cyclic approach. Now, materialism may involve in creating multiple (many) external stimuli, which creates a case of centrifugalism for an individual cognitively to be influenced at various different directional stimuli, without a set goal. It often leads to a loss of the unified self (Malhotra, 2021 p. 219). AI systems are capable of manipulating the selfhood of human beings using a class of algorithms often known as evolutionary algorithms (Malhotra, 2021 pp. 221, 439). Instead of scattered linear objectives, the idea of Karma can be aspired in order to encourage that individuals achieve autonomy and liberty to attain cyclicality in their stimuli response. This can range even from primitive target levels to advanced target levels, wherever some changes are needed but with the same analogous structure48. Another aspect of cyclicality can be seen when we observe the cycle of seasons in India according to the Vedic tradition. Another example that can be found with cyclicality is the notion of time in Indian philosophy. While the notion of time is linear in Galilean physics and astronomy, Indian physics (traditional Vedic) has been central to a cyclic notion of time in the form of yugas. Examples, like these (non-exhaustively) can contribute to develop better AI strategies, since the other. The law of karma, which rules the lower nature of man, has nothing to do with the spiritual in him. The infinite in man helps him to transcend the limitations of the finite. The essence of spirit is freedom. By its exercise man can check and control his natural impulses. That is why his life is some-thing more than a succession of mechanically determined states. His acts to be free must not be expressive of the mere force of habit or shock of circumstance, but of the freedom of the inner soul (Radhakrishnan, 1927 p. 246). 48

This point is a proposition stated in the paper with some exemplification by the author.

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hyperinflated inclusion of AI would happen, and is going to becoming a set of responsibilities in different proportions at various vertical hierarchies of governance.

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3 Conclusions and Recommendations

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─ This section concludes the book & provides final conclusions with recommendations for further research into the research issue for the Civilized AI Programme. The section constructs some further basis of the conclusions taking into consideration India’s potential role in various regional and international frameworks on AI leadership, and how should it drive technology diplomacy, considering (1) the representation of the Global South; and (2) establishing directionality in the Quadrilateral and other emerging ententes towards a soft law approach on critical technologies. Representing the Global South. India’s leadership in the Global South is crucial on many political and policy counts, considering its strategic positioning in the Indo-Pacific. These circumstances make it inevitably important for India to be a key leader, with a proactive and cultural-policy approach to lead the decoloniality movement for countries in the Global South. Private actors can also represent the Global South through entrepreneurship, scholarship in international trade law on AI, climate sciences & other critical technology studies in sync with AI Ethics. The omnipresence of AI must be assessed with an outlook of geography & proportions. Establishing Some Inward Directionality Towards According India’s Key Role towards Overseeing and Crafting a Soft Law Approach on Critical Technologies. Any critical technology would require some form of vision or directionality for it to succeed and to be democratized. While it is essentially important that Indian companies and startups gain more leverage in the AI industry within India first, which is very much in sync with India’s political and social economy, it must renounce the AI Garage approach, and instead adopt a glocalization approach, where it must self-regulate, provide autonomy and higher and secure innovation opportunities locally. With better self-regulation and a balance between Stages 1 and 2 under Brownsword’s classification (Law and Technology: Two Modes of Disruption, Three Legal MindSets, and the Big Picture of Regulatory Responsibilities, 2018) {70}


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& between Stages 1 and 2 under Liu and Maas’s classification (Liu, et al., 2021), Indian companies and private actors can surely encourage much safer inward directionality towards themselves. 3.1

India can Attempt Focusing on Dissecting the Artificiality and Vulnerability of the AI-obsessed Realpolitik Indian state and private actors must invest more in dissecting the artificiality and vulnerability of the emerging centripetalism of artificial intelligence as an industry within the CEI classification in the realpolitik. Doing that helps India as a brand sustain reasonably & solidify India’s position as a neutral power. Since, India can adopt strategic neutrality beyond the problematized nature of the non-aligned movement and can make multi-aligned partnerships without crude alliances, it affords to liberally indigenize production of AI without centralizing too much on its political alignment issues, and its ideological past (Rising India and Its Global Governance Imperatives, 2017). 3.2 India’s AI Policy Should be Transformative to Avoid any Destructive Mixture of Soft Power and Hard Power Complexes The more artificial and uncertain will be India’s AI or any technology policy, provided that its economic safeguards against the centrifugal behaviour of disruptive technologies are inexperienced, the more vulnerable India’s approach internally becomes. At a multilateral level, however, countries hardly negotiate or even discuss issues where the soft power and hard power complexes become harder and even obscurer than before. This is why for example, the UN Security Council’s primary agenda is not economic and social development, and its security as a part of the sustainable development goals, but the very principles of peace and international security, which formed the UN. Now, while countries often make ideological ententes on issues of development and economics in the name of third world approach to international law, which damages the {71}


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pluralistic nature of the decoloniality movement, it is India’s utmost and urgent need to shape and dissect the need of extraideological ententes and groups, which obsess over worldviews for making alliances on economic issues. China, for example, shows ideological backing less but represents its own persona ficta as a middle kingdom state, considering its strategic culture (with much emphasis) as we see examples of surveillance in Africa and Asia. India has mistakenly copied its cybersecurity model from China, which is a strategic mistake, considering the dissimulative nature of the Chinese persona ficta, and its administrative creativity. There may be less sophistication in China’s tools of information warfare & other tools of soft power, but India must learn and counter neutrally China’s model of cybersecurity with its own localized self-regulatory structures of governance to avoid any chances of friction as much as possible. 3.3 India should Invest in Skill Development and Cognitive Enhancement considering the frugality of the so-called ‘Disorganized’ sector Mere government investments would not support India’s cause. Private companies would have to creatively and delicately risk in the skill economy. Value-models and systems can be created through disruptive technologies, but private actors must invest in more creative models, instead of knockoffs without complete alternative technical resources. Post-investment, there should be some creative conception about some strategic parameters, like geography, culture, knowledge system, demography, etc., which must be estimated to ‘glocalize’ entrepreneurial innovation leading to some more exposure for developing resilient supply chains. 3.4 India should Optimize and Internalize its pro-West (and pro-US) Outlook over Technology Democratization through India Inc. India should get rid of its AI Garage vision, and have a more proactive vision. However, its strategic vision on AI must not involve too much Americanization of the India Inc., which runs the organized sector. As creating alternatives is {72}


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important, the basis of self-regulating in India must be decolonial, based on the anthropological and ethnographic understanding of the target groups. Law enforcement therefore must decolonize its administrative legal undertaking sooner through robust smooth adjudication & the crystallization of the law enforcement. 3.5 Seminal Recommendations for Further Research and Advocacy ─ The Civilized AI Programme under the Indian Society of Artificial Intelligence and Law should develop a Handbook, which emphasizes upon the Indic and Global aesthetic policy understandings on AI. Further seminal recommendations are enumerated as follows: Extend research on the Indian approach of decoloniality & AI Ethics, in line with combating issues of digital colonization & ethnocentrism; Support AI Education initiatives in the domains of legal innovation & glocalized entrepreneurship; Develop more design thinking approaches by studying various Asian, African and Latin American cultures and schools of thought & their histories in technology policy;

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