Missed opportunities for AI governance: lessons from ELS programs in genomics, nanotechnology, and RRI

Abstract Since the beginning of the current hype around Artificial Intelligence (AI), governments, research institutions, and the industry invited ethical, legal, and social sciences (ELS) scholars to research AI’s societal challenges from various disciplinary viewpoints and perspectives. This approach builds upon the tradition of supporting research on the societal aspects of emerging sciences and technologies, which started with the Ethical, Legal, and Social Implications (ELSI) Program in the Human Genome Project (HGP) in the early 1990s. However, although a diverse ELS research community has formed since then, AI’s societal challenges came to be mostly understood under the narrow framing of ethics and disconnected from the insights and experiences of past ELS research. In this article, we make up for this gap and connect insights from past ELS researchers with current approaches to research the societal challenges of AI. We analyse and summarize the history of “ELS programs” (programs that emerged since the HGP to support ELS research in a given domain) as three distinct eras: a genomics era, a nano era, and an RRI era. Each of these eras comprises several achievements and challenges relevant to ELS programs in AI research, such as the setup of independent funding bodies, the engagement of the wider public in research practice, and the increasing importance of private actors. Based on these insights, we argue that AI research currently falls back on self-regulatory, less participatory, and industry-led approaches that trouble ELS programs’ past achievements and hinder opportunities to overcome the still-existing challenges.