As Above so Below: The Use of International Space Law as an Inspiration for Terrestrial AI Regulation to Maximize Harm Prevention

Abstract

Artificial intelligence (AI) is becoming an integral part of technologies aimed at preventing harm, both on Earth and in outer space. However, there exists no comprehensive legal framework governing the use of AI, as international law is yet to regulate this emerging field. The majority of the currently existing standards for AI regulation were adopted as soft-law or ethical guidelines, adopted by various different subjects and therefore varying in content and format. This chapter will argue that in the process of transforming such non-binding guidelines into a binding coherent international legal framework for AI, certain space law provisions, in particular, those found in the fundamental Outer Space Treaty and the subsequent Liability Convention, could serve as an inspiration, in order to ensure that the international framework for AI will be aimed at preventing harm to the greatest extent possible. It will accomplish this by first illustrating the current uses of AI solutions in preventing harm on Earth and in outer space (which correspond to the term narrow AI AI), as well as some examples of technology under development, which is planned to reach greater or even complete autonomy (strong AI). Secondly, it will provide an extraction of some basic soft-law and ethical principles, that are most often found in the regulations governing the use of AI on Earth, before proceeding to relevant space law principles which are guiding the use of AI in outer space. Lastly, it will compare the two categories—the existing general guidelines and corresponding space law provisions, to examine how the latter could serve as a good example in the process of concretizing the existing general principles while translating them into a comprehensive binding legal framework on Earth aimed at preventing harm and maximizing social benefits, in line with what the authors named the “as above so below” approach.