India is facing a dilemma in regulating artificial intelligence (AI) due to a lack of a cohesive national strategy. Other countries have adopted different approaches to AI regulation. The United Kingdom has implemented a “pro-innovation” strategy, providing non-legally binding guidance and assigning regulatory responsibilities to existing entities. The United States has opted for an “industry-specific” strategy, soliciting proposals from global AI conglomerates for regulation. The European Union has developed an AI Act and follows a “risk-based” approach, classifying AI products and stipulating necessary precautions. China has taken a “state-control” strategy, actively involving the government in AI development and ensuring responsible use.
As for India, it has the potential to become a major supplier of AI applications with its talent pool and growing consumer market. At this stage, India should adopt a “pro-innovation” approach and focus on developing AI applications. Regarding data protection, India lacks comprehensive legislation but should refine its laws and adopt a “risk-based” approach for foreign AI foundation models. Collaboration with foreign technology partners, like Microsoft, can help draft data protection and AI regulation policies. However, India should not adopt a “state-control” policy like China due to its current geopolitical stance and lack of digital infrastructure for independent AI development.
In summary, to resolve India’s AI regulation dilemma, the recommendations are to leverage software development expertise and embrace a “pro-innovation” approach domestically, refine data protection laws and adopt a “risk-based” approach for foreign AI foundation models, and collaborate closely with major foreign technology partners to evolve AI regulation policies.
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