AI in the public sector: can procurement promote trustworthy AI and avoid commercial capture?

The recording and slides of the public lecture on ‘AI in the public sector: can procurement promote trustworthy AI and avoid commercial capture?’ I gave at the University of Bristol Law School on 4 July 2023 are now available. As always, any further comments most warmly received at: a.sanchez-graells@bristol.ac.uk.

This lecture brought my research project to an end. I will now focus on finalising the manuscript and sending it off to the publisher, and then take a break for the rest of the summer. I will share details of the forthcoming monograph in a few months. I hope to restart blogging in September. in the meantime, I wish all HTCaN friends all the best. Albert

Free registration open for two events on procurement and artificial intelligence

Registration is now open for two free events on procurement and artificial intelligence (AI).

First, a webinar where I will be participating in discussions on the role of procurement in contributing to the public sector’s acquisition of trustworthy AI, and the associated challenges, from an EU and US perspective.

Second, a public lecture where I will present the findings of my research project on digital technologies and public procurement.

Please scroll down for details and links to registration pages. All welcome!

1. ‘Can Procurement Be Used to Effectively Regulate AI?’ | Free online webinar
30 May 2023 2pm BST / 3pm CET-SAST / 9am EST (90 mins)
Co-organised by University of Bristol Law School and George Washington University Law School.

Artificial Intelligence (“AI”) regulation and governance is a global challenge that is starting to generate different responses in the EU, US, and other jurisdictions. Such responses are, however, rather tentative and politically contested. A full regulatory system will take time to crystallise and be fully operational. In the meantime, despite this regulatory gap, the public sector is quickly adopting AI solutions for a wide range of activities and public services.

This process of accelerated AI adoption by the public sector places procurement as the (involuntary) gatekeeper, tasked with ‘AI regulation by contract’, at least for now. The procurement function is expected to design tender procedures and contracts capable of attaining goals of AI regulation (such as trustworthiness, explainability, or compliance with data protection and human and fundamental rights) that are so far eluding more general regulation.

This webinar will provide an opportunity to take a hard look at the likely effectiveness of AI regulation by contract through procurement and its implications for the commercialisation of public governance, focusing on key issues such as:

  • The interaction between tender design, technical standards, and negotiations.

  • The challenges of designing, monitoring, and enforcing contractual clauses capable of delivering effective ‘regulation by contract’ in the AI space.

  • The tension between the commercial value of tailored contractual design and the regulatory value of default clauses and standard terms.

  • The role of procurement disputes and litigation in shaping AI regulation by contract.

  • The alternative regulatory option of establishing mandatory prior approval by an independent regulator of projects involving AI adoption by the public sector.

This webinar will be of interest to those working on or researching the digitalisation of the public sector and AI regulation in general, as the discussion around procurement gatekeeping mirrors the main issues arising from broader trends.

I will have the great opportunity of discussing my research with Aris Georgopoulos (Nottingham), Scott Simpson (Digital Transformation Lead at U.S. Department of Homeland Security), and Liz Chirico (Acquisition Innovation Lead at Office of the Deputy Assistant Secretary of the Army). Jessica Tillipman (GW Law) will moderate the discussion and Q&A.

Registration: https://law-gwu-edu.zoom.us/webinar/register/WN_w_V9s_liSiKrLX9N-krrWQ.

2. ‘AI in the public sector: can procurement promote trustworthy AI and avoid commercial capture?’ | Free in-person public lecture
4 July 2023 2pm BST, Reception Room, Wills Memorial Building, University of Bristol
Organised by University of Bristol Law School, Centre for Global Law and Innovation

The public sector is quickly adopting artificial intelligence (AI) to manage its interactions with citizens and in the provision of public services – for example, using chatbots in official websites, automated processes and call-centres, or predictive algorithms.

There are inherent high stakes risks to this process of public governance digitalisation, such as bias and discrimination, unethical deployment, data and privacy risks, cyber security risks, or risks of technological debt and dependency on proprietary solutions developed by (big) tech companies.

However, as part of the UK Government’s ‘light touch’ ‘pro-innovation’ approach to digital technology regulation, the adoption of AI in the public sector remains largely unregulated. 

In this public lecture, I will present the findings of my research funded by the British Academy, analysing how, in this deregulatory context, the existing rules on public procurement fall short of protecting the public interest.

An alternative approach is required to create mechanisms of external independent oversight and mandatory standards to embed trustworthy AI requirements and to mitigate against commercial capture in the acquisition of AI solutions. 

Registration: https://www.eventbrite.co.uk/e/can-procurement-promote-trustworthy-ai-and-avoid-commercial-capture-tickets-601212712407.