The draft policy for regulation and ethics in the field of artificial intelligence, with an emphasis on “responsible innovation”, is intended to ensure the advancement of the industry while safeguarding the public interest.
The proposed policy is based on the joint effort of the Ministry of Innovation, Science and Technology, and the Consulting and Legislation Department (Economic Law) at the Ministry of Justice throughout which, the members of the professional team consulted with leading entities in the hi-tech industry and technological experts from Israel and from around the world
The Ministry of Innovation, Science and Technology and the Consulting and Legislation Department (Economic Law) at the Ministry of Justice are publishing for public comment, the draft policy of the Minister of Innovation, Science and Technology, Orit Farkash Hacohen, on artificial intelligence and the professional document on which the policy principles on regulation and ethics for the development and use of artificial intelligence-based systems in Israel are founded.
This is a first document of its kind in Israel, which would be a moral and business- oriented compass for any company, organization or government body involved in the field of artificial intelligence and will have a profound effect on any future development in the field of artificial intelligence in the State of Israel. This is another significant step in a range of many others taken by the Minister and the Ministry in this field over the past year, including piloting a national program in the field of artificial intelligence together with the Ministry of Finance, joining an international organization of ministers in the area and bolstering technological cooperation with the US in this field and in others alike.
The policy is based on professional work on artificial intelligence regulation done jointly by the Ministry of Innovation, Science and Technology and the Consulting and Legislation Department (Economic Law) at the Ministry of Justice, headed by the Deputy Legal Advisor to the Government, Adv. Meir Levin, , during which, team members met and consulted with leading technology entities in Israel and around the world, such as: The professionals at the Israel Innovation Authority, the National Cyber Agency, experts from Harvard University, Cornell University, Tel Aviv University, representatives of Google, Microsoft, NVIDIA, members of the SynergIA community of the Ministry of Innovation and Science, etc. Furthermore, the principles were shared with the leaders of the field in the OECD, the leaders of artificial intelligence in the American Federal Government (in the White House, the OSTP, in the American Standards Institute NIST; the French INRIA organization, the artificial intelligence experts in the Singapore government, etc.
The main policy principles proposed in the document: The use of “soft” regulatory tools instead of lateral framework legislation, the adoption of ethical principles similar to what is acceptable around the world, the formation of a risk management tool for the regulator and the establishment of a dedicated knowledge center within the Government. The policy document lays the foundation for the design of the regulation in the coming years. It will be a compass that may already affect the companies engaged in this field from this very moment.
The joint professional document includes, among others, a review of the legal and regulatory status of the different aspects of artificial intelligence in Israel: An examination of the issues and challenges that arise in connection with artificial intelligence (fear of discrimination; demand for human interference, explanations and transparency; the importance of trustworthiness, durability, security, safety, accountability and privacy protection); A review of the activities of international organizations and developed countries in the field of artificial intelligence regulations and ethics and, in particular, the OECD, the European Council and the European Union, the USA and the United Kingdom and guidelines for regulatory policy and ethics for the field of artificial intelligence (including a proposal for ethical principles for the field of artificial intelligence, as well as principles for policy regulation for this field) which lay the infrastructure for the policy detailed above.
The Minister of Innovation, Science and Technology, Orit Farkash Hacohen, stated: “The policy's principles reflect a concept I support with regards to “responsible innovation”. A balance between the need to protect individuals against the challenges arising from the use of artificial intelligence technology, and the public interest in promoting the development of this technology, as well as persevering the atmosphere that allows the Israeli hi-tech and research industry to operate in these fields.
The policy principles published herein were determined with regard to legal and ethical principles accepted worldwide and the importance of adapting them to an Israeli frame-of-reference, so that we keep pace with the development of artificial intelligence technologies and their international characteristics thereof, while continuing to maintain Israel’s lead in technology.
The publication of the policy will help Israel rank higher in the field of artificial intelligence and point to a conclusive set of values to guide this technology. It is indicative of a “soft” and enabling policy at this initial stage of developing this technology.
The policy document is a complementary step to other steps taken by the Government in this field, i.e., promoting computing infrastructure buildup for the publication of a national program of the Ministry of Innovation in the field of artificial intelligence and for collaborations that have recently been initiated in the field of artificial intelligence with the USA and additional entities.”
The Deputy-Director General of the Ministry of Innovation, Science and Technology, Tom Dan Danino, stated: “For the first time, Israel is publishing an official regulatory policy for artificial intelligence, designed to provide the Israeli public in its entirety and, in particular, hi-tech companies in Israel, with a sense of security about artificial intelligence technology. That's in order for us to continue to be at the forefront by using regulatory clarity and certainty that will encourage innovation – in works of art, in autonomous vehicles, in deciphering cancerous tumors from MRI images and accelerating the growth of agricultural crops , and all the while will ensure the ethical and responsible use of these tools and align with regulatory requirements that exist in the OECD countries and technological export destination countries of the Israeli industry.
The uses of artificial intelligence technology are increasing. This threshold technology is destined to be part of our daily lives. The official regulatory policy published under Minister of Innovation Orit Farkash Hacohen's leadership, provides a responsible answer to the challenges of artificial intelligence.
We call on everyone , from the private and public sectors interested in the issue to review the policy and express your comments – in the coming weeks, we will embark on a journey to collect the references of the various parties and process them for integration into the policy documents.”
The Deputy Legal Advisor to the Government (Economic Law), Adv. Meir Levin, stated: “The development of artificial intelligence brings many opportunities for the economy and society in Israel, and the Israeli economy is at the forefront of this development. Promoting effective regulatory and ethical mechanisms plays a significant role in paving the way for the development of artificial intelligence in Israel, while removing regulatory and legal barriers on the one hand and protecting fundamental rights and public interests on the other.
The published draft policy actually creates a regulatory framework that encourages innovation and is coordinated, proportional and differential, flexible and progressive, forward-looking and takes into account major developments in the world. I would like to congratulate the Minister of Innovation, Science and Technology Ms. Orit Farkash Hacohen for the publication of the draft policy and to also thank the team members from the Regulation Cluster in the Economic Department for Consulting and Legislation and the staff members at the Ministry of Innovation, Science and Technology, who worked together tirelessly to draw up the professional document that lays the foundation for the policy.”
The work on the document was coordinated by Tom Dan, Deputy Director General of the Ministry of Innovation, Science and Technology and Adv. Dani Horin, the acting Legal Counsel to the Ministry, as well as Adv. Dr. Yuval Roitman, Head of the Regulation Cluster and Adv. Yosef Gadalahu from the Consulting and Legislation Department (Economic Law) at the Ministry of Justice. Adv. Amit Ashkenazi, the legal advisor to the National Cyber Agency (retired), took a central part in drafting the document.
The work was carried out under the direction of the Deputy Legal Advisor to the Government (Economic Law) Adv. Meir Levin and under the direction of the Director General of the Ministry of Innovation, Science and Technology Ms. Hila Hadad-Khamelnik.
The Main Points of the Draft Regulation and Ethics Policy
In the Field of Artificial Intelligence
1. Adoption of an overall regulatory policy in the fields of artificial intelligence, other than through legislation of a lateral framework:
According to the report, at this stage, there is no room for promoting lateral framework legislation for the entire field of artificial intelligence. It is suggested that instead, the various regulators, each in their own field, examine the need to promote concrete regulation in their field, while maintaining a uniform government policy. In addition, the regulation will generally be compatible with what has been done in developed countries and international organizations dealing with this; will be based on risk management tools and frameworks; will be carried out in appropriate cases using “soft” and advanced regulatory tools (such as voluntary standardization and self-regulation); will be developed in a modular format and using regulatory experimentation tools (such as “sandboxes”); and will be crafted with participation of the public.
2. Adopting the following principles as the ethical principles of the State of Israel for the use of artificial intelligence, similar to what is acceptable around the world:
3. Formulating a uniform tool for risk management regarding the use of artificial intelligence, which will create a common language for Government officials, regulators and private entities alike. The Minister of Innovation, Orit Farkash Hacohen, instructed that under the leadership of the Ministry of Innovation, Science and Technology and the Ministry of Justice and with the participation of officials from the relevant Government Ministries, various legislators and industry will formulate a recommendation for this tool. As part of formulating a “risk management tool”, the inter-ministerial team will consider the set of principles stipulated above and will act with the aim of encouraging responsible innovation.
4. The establishment of a Governmental knowledge and coordination center that will deal with the organization and coordination of the regulation issue of artificial intelligence, which will operate in the Ministry of Innovation, Science and Technology, as the Ministry in charge of piloting the regulation in this field. The knowledge center will deal, inter alia, with the following topics:
(a) Implementing this regulatory and ethics policy and updating it as needed; Advising Government Ministries and regulators in formulating policy and regulations regarding artificial intelligence; and making information and tools available for responsible use of artificial intelligence.
(b) Establishing an intra-governmental professional forum that includes representatives of regulators and policy and legal technology experts, in order to promote coordination and discuss common issues; and a forum for public participation that includes representatives of industry, academia, civil organizations and the general public to discuss the issues of artificial intelligence regulation.
(c) Promoting Israel’s continued active involvement in the development of international regulation and standardization, given the influence and importance of international regulation and standardization on the operation of the Israeli economy in the fields of artificial intelligence.
The proposed policy is based on the joint effort of the Ministry of Innovation, Science and Technology, and the Consulting and Legislation Department (Economic Law) at the Ministry of Justice throughout which, the members of the professional team consulted with leading entities in the hi-tech industry and technological experts from Israel and from around the world
The Ministry of Innovation, Science and Technology and the Consulting and Legislation Department (Economic Law) at the Ministry of Justice are publishing for public comment, the draft policy of the Minister of Innovation, Science and Technology, Orit Farkash Hacohen, on artificial intelligence and the professional document on which the policy principles on regulation and ethics for the development and use of artificial intelligence-based systems in Israel are founded.
This is a first document of its kind in Israel, which would be a moral and business- oriented compass for any company, organization or government body involved in the field of artificial intelligence and will have a profound effect on any future development in the field of artificial intelligence in the State of Israel. This is another significant step in a range of many others taken by the Minister and the Ministry in this field over the past year, including piloting a national program in the field of artificial intelligence together with the Ministry of Finance, joining an international organization of ministers in the area and bolstering technological cooperation with the US in this field and in others alike.
The policy is based on professional work on artificial intelligence regulation done jointly by the Ministry of Innovation, Science and Technology and the Consulting and Legislation Department (Economic Law) at the Ministry of Justice, headed by the Deputy Legal Advisor to the Government, Adv. Meir Levin, , during which, team members met and consulted with leading technology entities in Israel and around the world, such as: The professionals at the Israel Innovation Authority, the National Cyber Agency, experts from Harvard University, Cornell University, Tel Aviv University, representatives of Google, Microsoft, NVIDIA, members of the SynergIA community of the Ministry of Innovation and Science, etc. Furthermore, the principles were shared with the leaders of the field in the OECD, the leaders of artificial intelligence in the American Federal Government (in the White House, the OSTP, in the American Standards Institute NIST; the French INRIA organization, the artificial intelligence experts in the Singapore government, etc.
The main policy principles proposed in the document: The use of “soft” regulatory tools instead of lateral framework legislation, the adoption of ethical principles similar to what is acceptable around the world, the formation of a risk management tool for the regulator and the establishment of a dedicated knowledge center within the Government. The policy document lays the foundation for the design of the regulation in the coming years. It will be a compass that may already affect the companies engaged in this field from this very moment.
The joint professional document includes, among others, a review of the legal and regulatory status of the different aspects of artificial intelligence in Israel: An examination of the issues and challenges that arise in connection with artificial intelligence (fear of discrimination; demand for human interference, explanations and transparency; the importance of trustworthiness, durability, security, safety, accountability and privacy protection); A review of the activities of international organizations and developed countries in the field of artificial intelligence regulations and ethics and, in particular, the OECD, the European Council and the European Union, the USA and the United Kingdom and guidelines for regulatory policy and ethics for the field of artificial intelligence (including a proposal for ethical principles for the field of artificial intelligence, as well as principles for policy regulation for this field) which lay the infrastructure for the policy detailed above.
The Minister of Innovation, Science and Technology, Orit Farkash Hacohen, stated: “The policy's principles reflect a concept I support with regards to “responsible innovation”. A balance between the need to protect individuals against the challenges arising from the use of artificial intelligence technology, and the public interest in promoting the development of this technology, as well as persevering the atmosphere that allows the Israeli hi-tech and research industry to operate in these fields.
The policy principles published herein were determined with regard to legal and ethical principles accepted worldwide and the importance of adapting them to an Israeli frame-of-reference, so that we keep pace with the development of artificial intelligence technologies and their international characteristics thereof, while continuing to maintain Israel’s lead in technology.
The publication of the policy will help Israel rank higher in the field of artificial intelligence and point to a conclusive set of values to guide this technology. It is indicative of a “soft” and enabling policy at this initial stage of developing this technology.
The policy document is a complementary step to other steps taken by the Government in this field, i.e., promoting computing infrastructure buildup for the publication of a national program of the Ministry of Innovation in the field of artificial intelligence and for collaborations that have recently been initiated in the field of artificial intelligence with the USA and additional entities.”
The Deputy-Director General of the Ministry of Innovation, Science and Technology, Tom Dan Danino, stated: “For the first time, Israel is publishing an official regulatory policy for artificial intelligence, designed to provide the Israeli public in its entirety and, in particular, hi-tech companies in Israel, with a sense of security about artificial intelligence technology. That's in order for us to continue to be at the forefront by using regulatory clarity and certainty that will encourage innovation – in works of art, in autonomous vehicles, in deciphering cancerous tumors from MRI images and accelerating the growth of agricultural crops , and all the while will ensure the ethical and responsible use of these tools and align with regulatory requirements that exist in the OECD countries and technological export destination countries of the Israeli industry.
The uses of artificial intelligence technology are increasing. This threshold technology is destined to be part of our daily lives. The official regulatory policy published under Minister of Innovation Orit Farkash Hacohen's leadership, provides a responsible answer to the challenges of artificial intelligence.
We call on everyone , from the private and public sectors interested in the issue to review the policy and express your comments – in the coming weeks, we will embark on a journey to collect the references of the various parties and process them for integration into the policy documents.”
The Deputy Legal Advisor to the Government (Economic Law), Adv. Meir Levin, stated: “The development of artificial intelligence brings many opportunities for the economy and society in Israel, and the Israeli economy is at the forefront of this development. Promoting effective regulatory and ethical mechanisms plays a significant role in paving the way for the development of artificial intelligence in Israel, while removing regulatory and legal barriers on the one hand and protecting fundamental rights and public interests on the other.
The published draft policy actually creates a regulatory framework that encourages innovation and is coordinated, proportional and differential, flexible and progressive, forward-looking and takes into account major developments in the world. I would like to congratulate the Minister of Innovation, Science and Technology Ms. Orit Farkash Hacohen for the publication of the draft policy and to also thank the team members from the Regulation Cluster in the Economic Department for Consulting and Legislation and the staff members at the Ministry of Innovation, Science and Technology, who worked together tirelessly to draw up the professional document that lays the foundation for the policy.”
The work on the document was coordinated by Tom Dan, Deputy Director General of the Ministry of Innovation, Science and Technology and Adv. Dani Horin, the acting Legal Counsel to the Ministry, as well as Adv. Dr. Yuval Roitman, Head of the Regulation Cluster and Adv. Yosef Gadalahu from the Consulting and Legislation Department (Economic Law) at the Ministry of Justice. Adv. Amit Ashkenazi, the legal advisor to the National Cyber Agency (retired), took a central part in drafting the document.
The work was carried out under the direction of the Deputy Legal Advisor to the Government (Economic Law) Adv. Meir Levin and under the direction of the Director General of the Ministry of Innovation, Science and Technology Ms. Hila Hadad-Khamelnik.
The Main Points of the Draft Regulation and Ethics Policy
In the Field of Artificial Intelligence
1. Adoption of an overall regulatory policy in the fields of artificial intelligence, other than through legislation of a lateral framework:
According to the report, at this stage, there is no room for promoting lateral framework legislation for the entire field of artificial intelligence. It is suggested that instead, the various regulators, each in their own field, examine the need to promote concrete regulation in their field, while maintaining a uniform government policy. In addition, the regulation will generally be compatible with what has been done in developed countries and international organizations dealing with this; will be based on risk management tools and frameworks; will be carried out in appropriate cases using “soft” and advanced regulatory tools (such as voluntary standardization and self-regulation); will be developed in a modular format and using regulatory experimentation tools (such as “sandboxes”); and will be crafted with participation of the public.
2. Adopting the following principles as the ethical principles of the State of Israel for the use of artificial intelligence, similar to what is acceptable around the world:
- Person centric – respect for fundamental rights and public interests – the development of artificial intelligence, or the use thereof, will be effected while respecting the rule of law, fundamental rights and public interests and, in particular, while maintaining human dignity and privacy.
- Artificial intelligence will be used to promote growth, sustainable development and Israeli leadership in innovation – responsible use of reliable artificial intelligence is a means to encourage growth, sustainable development, social welfare and the promotion of Israeli leadership in the field of innovation.
- Equality and the prevention of unwarranted discrimination – in the development and use of artificial intelligence, the need for equality, diversity, the apprehension of bias in artificial intelligence systems and the risk of unwarranted discrimination against individuals or groups will be taken into account.
- Transparency and Public Relations – in the development of artificial intelligence and the use thereof, the need to inform those who come into contact with artificial intelligence or are affected by the activity thereof will be taken into account, as well as the need to provide an explanation for the decision thereof or the manner in which it operated, inter alia, taking note of the extent of the influence thereof and the consequences thereof for those who are affected by it and the available technological options.
- Reliability, durability, security and safety – in the development of artificial intelligence and the use thereof, the need for artificial intelligence systems to be reliable, secure and safe throughout their life span, will be taken into account, so that, under normal conditions of use, expected use or incorrect use or other hazardous conditions – they will function properly and not pose an unreasonable safety risk. To this end, reasonable measures must be taken in accordance with accepted professional concepts to reduce safety and information security risks throughout the life span of artificial intelligence systems.
- Responsibility – developers of artificial intelligence, the operators or users thereof will be responsible for the proper functioning thereof and for the upholding of the other principles in their activities, inter alia, taking note of accepted risk management concepts and the available technological options.
3. Formulating a uniform tool for risk management regarding the use of artificial intelligence, which will create a common language for Government officials, regulators and private entities alike. The Minister of Innovation, Orit Farkash Hacohen, instructed that under the leadership of the Ministry of Innovation, Science and Technology and the Ministry of Justice and with the participation of officials from the relevant Government Ministries, various legislators and industry will formulate a recommendation for this tool. As part of formulating a “risk management tool”, the inter-ministerial team will consider the set of principles stipulated above and will act with the aim of encouraging responsible innovation.
4. The establishment of a Governmental knowledge and coordination center that will deal with the organization and coordination of the regulation issue of artificial intelligence, which will operate in the Ministry of Innovation, Science and Technology, as the Ministry in charge of piloting the regulation in this field. The knowledge center will deal, inter alia, with the following topics:
(a) Implementing this regulatory and ethics policy and updating it as needed; Advising Government Ministries and regulators in formulating policy and regulations regarding artificial intelligence; and making information and tools available for responsible use of artificial intelligence.
(b) Establishing an intra-governmental professional forum that includes representatives of regulators and policy and legal technology experts, in order to promote coordination and discuss common issues; and a forum for public participation that includes representatives of industry, academia, civil organizations and the general public to discuss the issues of artificial intelligence regulation.
(c) Promoting Israel’s continued active involvement in the development of international regulation and standardization, given the influence and importance of international regulation and standardization on the operation of the Israeli economy in the fields of artificial intelligence.