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Between Niti and Nyaya: A Society-Centered Framework for AI Governance
首次提交 2026-11-12 10:02
版本更新 2026-11-12 10:02
雷达观测 2026-11-13 14:16
摘要
Governments are making decisions about AI before they can measure its public effects, and those decisions determine whether a person can learn that AI influenced an outcome, challenge it, and see it corrected. Research has documented what AI governance produces: principles, strategies, registers, and audits. However, we lack shared language for understanding AI policy while it is still being made. We introduce the Society-Centered AI Governance Framework, which gives policymakers, researchers, and the public a way to assess instruments in any jurisdiction by whether a person can get notice, challenge a decision, and see it corrected. It reads a jurisdiction's instruments together by date and binding status, separates an agency duty from a right a person can invoke, and traces which later instrument must enforce each commitment. We evaluated it in North Carolina using interviews with nine AI Leadership Council members, conducted before and after the state's 2026 AI roadmap, and a provision-level reading, with human-reviewed model-assisted coding, of 49 AI governance documents from 19 states. For the state's own AI systems, we find visibility-first governance: visibility duties are in effect, notice exists as an agency duty with no right a person can invoke, and AI-specific challenge and correction remain advisory. The roadmap assigns owners and dates to the missing protections, so the gaps are documented but not yet closed. Recent federal preemption proposals focus on AI development, so recourse for a state's own systems is likely to remain a state decision. We identify "legitimacy before protection" as a testable risk of visibility-first governance and name the milestones that would test it. More broadly, judging AI policy by who can act on what it makes visible lets the field assess recourse while policy is still forming, before harm occurs.
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Between Niti and Nyaya: A Society-Centered Framework for AI Governance
Governments are making decisions about AI before they can measure its public effects, and those decisions determine whether a person can learn that AI influenced an outcome, challenge it, and see it corrected. Research has documented what AI governance produces: principles, strategies, registers, and audits. However, we lack shared language for understanding AI policy while it is still being made. We introduce the Society-Centered AI Governance Framework, which gives policymakers, researchers, and the public a way to assess instruments in any jurisdiction by whether a person can get notice, challenge a decision, and see it corrected. It reads a jurisdiction's instruments together by date and binding status, separates an agency duty from a right a person can invoke, and traces which later instrument must enforce each commitment. We evaluated it in North Carolina using interviews with nine AI Leadership Council members, conducted before and after the state's 2026 AI roadmap, and a provision-level reading, with human-reviewed model-assisted coding, of 49 AI governance documents from 19 states. For the state's own AI systems, we find visibility-first governance: visibility duties are in effect, notice exists as an agency duty with no right a person can invoke, and AI-specific challenge and correction remain advisory. The roadmap assigns owners and dates to the missing protections, so the gaps are documented but not yet closed. Recent federal preemption proposals focus on AI development, so recourse for a state's own systems is likely to remain a state decision. We identify "legitimacy before protection" as a testable risk of visibility-first governance and name the milestones that would test it. More broadly, judging AI policy by who can act on what it makes visible lets the field assess recourse while policy is still forming, before harm occurs.
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