IEEE Technology and Society Magazine - September 2021 - 96

Feature
cannot overcome in a timely manner " [29]. Regulation
refers to enacting comprehensive laws that may
impede on innovation in exchange for guaranteeing
human rights. Facilitation is in reference to government
support via policies to ensure the proper development
of AI. This report finds that a mix of the three
approaches is ideal, and the same can be said for the
discussion around data rights.
The next step for the United States should be
reviewing existing policies to ensure civil rights
extend to digital spaces. A diverse set of stakeholders
need to be engaged alongside communities to represent
interests and address the issues of ownership
outlined in this paper. Some additional approaches
include digital trusts and communal actions, which
also require nuance. They may work well for rudimentary
and existing technologies, but emerging
technologies embedded with AI challenge these
approaches as they feature biometric sensors and
more intrusive collection of data. Examples where
a communal approach to data governance may be
beneficial include the idea of " Collective Awareness "
where data become a knowledge commons used
for the public good, such as monitoring of smart
meters and alerting for extreme weather [30]. These
approaches also require nuance and risk consideration.
Federal regulation can set up a baseline of
protections to uphold human rights around invasive
data collection, with soft-law approaches and other
solutions tending to AI-specific guidance. Companies
would be required to be more innovative and intentional
about their technologies as a result and create
more equitable and just products and services.
Conclusion
The conversation around data rights in the digital
era became complex as we moved from a singular and
tangible ownership scenario to one that involved many
actors and advancement of AI technologies. Data collection
is becoming more invasive with technologies
such as microchip implants and smart devices such as
Amazon Echo along with ambitious future technologies
that will continue to challenge governance approaches.
The United States needs to utilize the diverse resources
available and state-led initiatives to inform a comprehensive
regulation to serve as a baseline for data
protections. Other governance mechanisms, such as
soft-law and standards, could hold entities responsible
for increased transparency and data-processing
practices such as aggregating at the source. While it is
96
not possible to regulate AI as a whole, a comprehensive
data protection regulation would be sufficient
in creating a foundation for ensuring data rights and
protections. There is a sense of urgency accompanying
emerging technologies utilizing AI, and the United
States must act accordingly to ensure AI is developed
equitably, retains human dignity in digital spaces and
benefits society through a nuanced, mixed approach to
the governance of AI.

Acknowledgment
I would like to acknowledge Katina Michael and
Gary Marchant for their support and thought leadership
around AI data governance. This work was supported
by the National Science Foundation under
Grant 1828010.
 References
[1] M. Guariglia and D. Mass, " LAPD requested ring
footage of black lives matter protests, " Electron.
Frontier Found., Feb. 2021. Accessed: Mar. 8,
2021. [Online]. Available: https://www.eff.org/
deeplinks/2021/02/lapd-requested-ring-footageblacklives-matter-protests
[2]
K.-F. Lee, " The four waves of A.I, " Fortune, Oct. 2018.
Accessed: Jul. 11, 2021. [Online]. Available: https://
fortune.com/2018/10/22/artificial-intelligence-aideeplearning-kai-fu-lee/
[3]
S. Rai, " Implementations of artificial intelligence in
2019, " in Proc. DATAQUEST, Dec. 2018. Accessed: Jul.
11, 2021. [Online]. Available: https://www.dqindia.com/
implementations-artificial-intelligence-2019/
[4] K. Miltz, " Global big data market size 2011-2027, "
Statista, Jan. 2021. Accessed: Jul. 11, 2021. [Online].
Available: https://www.statista.com/statistics/254266/
global-big-data-market-forecast/
[5] LII/Legal Information Institute. 2 CFR § 200.79-
Personally Identifiable Information (PII). Accessed: Jul.
11, 2021. [Online]. Available: https://www.law.cornell.
edu/cfr/text/2/200.79
[6] I. Jolly and Loeb & Loeb. (Oct. 1, 2018). Data
Protection in the United States: Overview | Practical
Law. Accessed: Jul. 11, 2021. [Online]. Available:
https://content.next.westlaw.com/Document/
I02064fbd1cb611e38578f7ccc38dcbee/View/FullText.
html?transitionType=Default&contextData=(sc.Default)
[7] A. Stone, " As privacy concerns grow, states create
bold policies, " GovTech, Jun. 25, 2019. Accessed: Jul.
11, 2021. [Online]. Available: https://www.govtech.com/
policy/As-Privacy-Concerns-Grow-States-Create-BoldPolicies.html
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https://www.eff.org/deeplinks/2021/02/lapd-requested-ring-footageblacklives-matter-protests https://www.eff.org/deeplinks/2021/02/lapd-requested-ring-footageblacklives-matter-protests https://www.eff.org/deeplinks/2021/02/lapd-requested-ring-footageblacklives-matter-protests https://www.fortune.com/2018/10/22/artificial-intelligence-ai-deeplearning-kai-fu-lee/ https://www.fortune.com/2018/10/22/artificial-intelligence-ai-deeplearning-kai-fu-lee/ https://www.fortune.com/2018/10/22/artificial-intelligence-ai-deeplearning-kai-fu-lee/ https://www.dqindia.com/implementations-artificial-intelligence-2019/ https://www.dqindia.com/implementations-artificial-intelligence-2019/ https://www.statista.com/statistics/254266/global-big-data-market-forecast/ https://www.statista.com/statistics/254266/global-big-data-market-forecast/ https://www.law.cornell.edu/cfr/text/2/200.79 https://www.law.cornell.edu/cfr/text/2/200.79 https://content.next.westlaw.com/Document/I02064fbd1cb611e38578f7ccc38dcbee/View/FullText.html?transitionType=Default&contextData=(sc.Default) https://content.next.westlaw.com/Document/I02064fbd1cb611e38578f7ccc38dcbee/View/FullText.html?transitionType=Default&contextData=(sc.Default) https://content.next.westlaw.com/Document/I02064fbd1cb611e38578f7ccc38dcbee/View/FullText.html?transitionType=Default&contextData=(sc.Default) https://www.govtech.com/policy/As-Privacy-Concerns-Grow-States-Create-Bold-Policies.html https://www.govtech.com/policy/As-Privacy-Concerns-Grow-States-Create-Bold-Policies.html https://www.govtech.com/policy/As-Privacy-Concerns-Grow-States-Create-Bold-Policies.html

IEEE Technology and Society Magazine - September 2021

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