8 - Oversight Boards for Regulation of AI-Enabled Robots

Summary

Even the most market-oriented approaches to regulating AI-enabled robots presume some governmental regulator to collaborate in setting outcome goals. And the more advanced an AI-enabled robot becomes, the greater the need for oversight. For the past several decades, regulatory oversight boards have grown in use to promote the quality, transparency, and accountability of regulatory rules and policy. And recently, leading administrative law voices in the United States and the European Union have called for the creation of an oversight board to monitor regulator use of AI entities. How do we determine if these boards are worth the risks they create? To answer this question, this chapter uses the context of AI-enabled robots, which are increasingly prominent in homes, business, and education, to explain both when regulatory oversight boards are valuable as well as when they can frustrate society’s efforts to reduce the ill effects of emerging smart robots. Regulatory oversight boards create value in this context by conducting impact assessments of regulatory policies with an eye to the technological advancements and social context relevant to AI technologies such as robots, and oversight boards can promote regulatory foresight. However, oversight boards themselves pose risks. By influencing the methodological approach used by regulators, errors made by oversight boards can have outsized impacts. To determine whether any given oversight board is worth the risk it creates, this chapter sets out a simple cost-based approach for comparing the risks and benefits of regulatory oversight boards. This approach then is applied to emerging regulatory oversight boards looking at robots entering society.