Governance of internet of things and ethics of artificial intelligence
| Autor | Eduardo Magrani |
| Cargo | Fundação Getúlio Vargas (FGV), Rio de Janeiro, RJ, Brasil |
| Páginas | 153-190 |
GOVERNANCE OF INTERNET OF THINGS AND
ETHICS OF ARTIFICIAL INTELLIGENCE
A GOVERNANÇA DA INTERNET DAS COISAS E A ÉTICA DA
INTELIGÊNCIA ARTIFICIAL
Eduardo MagraniI
I Fundação Getúlio Vargas (FGV), Rio de Janeiro, RJ, Brasil. Doutor em Direito.
E-mail: eduardomagrani@gmail.com
Resumo: A interação contínua entre
dispositivos inteligentes, sensores e
pessoas aponta para o crescente número
de dados produzidos, armazenados
e processados, alterando, em vários
aspectos e cada vez mais, nosso
cotidiano. Por um lado, o contexto de
hiperconectividade pode trazer benefícios
econômicos ao Estado, às empresas, além
de conveniência aos consumidores. Por
outro lado, o aumento da conectividade
traz desaos signicativos nas esferas
da proteção da privacidade e da ética
contemporânea, impactando, em última
análise, a própria democracia. Esta tese
aborda, do ponto de vista regulatório,
alguns dos desaos enfrentados pelo
atual estado de direito decorrente do
avanço do cenário denominado Internet
das Coisas.
Abstract: The continuous interaction
between intelligent devices, sensors and
people points to the increasing number
of data being produced, stored and
processed, changing, in various aspects
and increasingly, our daily life. On one
hand, the context of hyperconnectivity
can bring economic benets to the State,
companies, as well as convenience to
consumers. On the other hand, increasing
connectivity brings signicant challenges
in the spheres of privacy protection
and contemporary ethics, impacting,
ultimately, democracy itself. This thesis
addresses, from the regulatory point of
view, some of these challenges faced by
the current rule of law arising from the
advance of the scenario called Internet of
Things.
Palavras-chave: Governança. Internet
das coisas. Ética. Hiperconectividade.
Inteligência articial.
Keywords: Governance. Internet of
things. Ethics. Hyperconnectivity.
Articial intelligence.
From the 1980s, with the progressive development of computers
in business and public administration, there was a perception that
governmental and corporate practices in processing personal data were
reducing individuals to mere data, threatening their fundamental rights
and their freedom (EUROPEAN DATA PROTECTION SUPERVISOR,
2015).
On an even larger scale, this is the thesis reinforced by the Israeli
writer Yuval Noah Harari (HARARI, 2015)1 when dealing with the loss
1 Harari argues in his work “Homo Deus” that we are moving towards a post-
154 Revista Direitos Culturais | Santo Ângelo | v. 13 | n. 31 | p. 153-190 | set./dez. 2018.
DOI: http://dx.doi.org/10.20912/rdc.v13i31.2816
of human freedom and what he calls the new religion of data (HARARI,
2016):
Humanist thinkers such as Rousseau convinced us that our own
feelings and desires were the ultimate source of meaning, and
that our free will was, therefore, the highest authority of all.
Now, a fresh shift is taking place. Just as divine authority was
legitimized by religious mythologies, and human authority was
legitimized by humanist ideologies, so high-tech gurus and
Silicon Valley prophets are creating a new universal narrative that
legitimizes the authority of algorithms and Big Data. This novel
creed may be called “Dataism”. In its extreme form, proponents
of the Dataist worldview perceive the entire universe as a ow of
data, see organisms as little more than biochemical algorithms
and believe that humanity’s cosmic vocation is to create an all-
encompassing data-processing system — and then merge into
it. We are already becoming tiny chips inside a giant system
that nobody really understands. Every day I absorb countless
data bits through emails, phone calls and articles; process the
data; and transmit back new bits through more emails, phone
calls and articles. I don’t really know where I t into the great
scheme of things, and how my bits of data connect with the bits
produced by billions of other humans and computers. I don’t
have time to nd out, because I am too busy answering emails.
This relentless dataow sparks new inventions and disruptions
that nobody plans, controls or comprehends.
[…]
Even though humanists were wrong to think that our feelings
reected some mysterious “free will”, up until now humanism
still made very good practical sense. For although there was
nothing magical about our feelings, they were nevertheless the
best method in the universe for making decisions — and no
outside system could hope to understand my feelings better than
me. […]. This is just the beginning. Devices such as Amazon’s
Kindle are able constantly to collect data on their users while
they are reading books. Your Kindle can monitor which parts
of a book you read quickly, and which slowly; on which page
you took a break, and on which sentence you abandoned the
book, never to pick it up again. If Kindle was to be upgraded
anthropocentric world where the value of reality is extracted from constant
information processing by human and nonhuman agents. In a similar sense, Luciano
Floridi argues that: “ICTs are bringing about a fourth revolution, in the long process
of reassessment of humanity’s fundamental nature and role in the universe. We
are not immobile, at the centre of the universe (Copernican revolution); we are
not unnaturally distinct and different from the rest of the animal world (Darwinian
revolution); and we are far from being entirely transparent to ourselves (Freudian
revolution). ICTs are now making us realize that we are not disconnected agents,
but informational organisms (inforgs), who share with other kinds of agents a global
environment, ultimately made of information, the infosphere (Turing revolution)”.
155
Governance of Internet of Things and Ethics of Articial Intelligence
Eduardo Magrani
with face recognition software and biometric sensors, it would
know how each sentence inuenced your heart rate and blood
pressure. It would know what made you laugh, what made you
sad, what made you angry. Soon, books will read you while
you are reading them. And whereas you quickly forget most of
what you read, computer programs need never forget. Such data
should eventually enable Amazon to choose books for you with
uncanny precision. It will also allow Amazon to know exactly
who you are, and how to press your emotional buttons.
With the growing dissemination of Big Data and computing
techniques, technological evolution and economic pressure spread
rapidly and algorithms have become a great resource for innovation and
business models. This rapid diffusion of algorithms and their increasing
inuence, however, have consequences for the market and for society,
consequences which include questions of ethics and governance
(SAURWEIN, 2015, p. 35-49).
Given that algorithms can permeate countless branches of our
lives as they become more sophisticated, useful, and autonomous, there
is a risk that they will make important decisions, replacing human
beings (DIAKOPOULOS, 2015, p.398)2. Accordingly, Danilo Doneda
and Virgilio Almeida argue that to foment the integration of algorithms
into social and economic processes, algorithms governance tools
are needed (DONEDA, 2016, p. 60). The governance of algorithms
(SAURWEIN; JUST; LATZER, 2015, p. 38-43)3 can vary from the
strictly legal and regulatory point of view, to the purely technical point
of view (SAURWEIN, JUST, LATZER, 2015, p. 62).
Among the regulation points are transparency, responsibility -
which is linked to notions of justice and due process - and technical
guarantees, as well as the development of ethical principles regarding
the use of personal data (Big Data Ethics). It should be noted
that algorithms are constantly working and facing unplanned and
unprecedented situations frequently, so that their monitoring must be
constant (SAURWEIN; JUST; LATZER, 2015).
2 As stated by Nicholas Diakopoulos, “We are now living in a world where algorithms,
and the data that feed them, adjudicate a large array of decisions in our lives: not just
search engines and personalized online news systems, but educational evaluations,
the operation of markets and political campaigns, the design of urban public spaces,
and even how social services like welfare and public safety are managed.”
3 Among the governance options, which have their limitations and are inuenced by
contextual factors such as incentives and conicts of interest, we have the following:
(i) self-organization of individual companies; (ii) collective self-regulation; (iii) co-
regulation and (iv) state intervention.
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