With its potential to contribute to the ethical governance of AI, eXplainable AI (XAI) research frequently asserts its relevance to ethical considerations. Yet, the substantiation of these claims with rigorous ethical analysis and reflection remains largely unexamined. This contribution endeavors to scrutinize the relationship between XAI and ethical considerations. By systematically reviewing research papers mentioning ethical terms in XAI frameworks and tools, we investigate the extent and depth of ethical discussions in scholarly research. We observe a limited and often superficial (...) engagement with ethical theories, with a tendency to acknowledge the importance of ethics, yet treating it as a monolithic and not contextualized concept. Our findings suggest a pressing need for a more nuanced and comprehensive integration of ethics in XAI research and practice. To support this, we propose to critically reconsider transparency and explainability in regards to ethical considerations during XAI systems design while accounting for ethical complexity in practice. As future research directions, we point to the promotion of interdisciplinary collaborations and education, also for underrepresented ethical perspectives. Such ethical grounding can guide the design of ethically robust XAI systems, aligning technical advancements with ethical considerations. (shrink)

The proposed European Artificial Intelligence Act (AIA) is the first attempt to elaborate a general legal framework for AI carried out by any major global economy. As such, the AIA is likely to become a point of reference in the larger discourse on how AI systems can (and should) be regulated. In this article, we describe and discuss the two primary enforcement mechanisms proposed in the AIA: the _conformity assessments_ that providers of high-risk AI systems are expected to conduct, and (...) the _post-market monitoring plans_ that providers must establish to document the performance of high-risk AI systems throughout their lifetimes. We argue that the AIA can be interpreted as a proposal to establish a Europe-wide ecosystem for conducting AI auditing, albeit in other words. Our analysis offers two main contributions. First, by describing the enforcement mechanisms included in the AIA in terminology borrowed from existing literature on AI auditing, we help providers of AI systems understand how they can prove adherence to the requirements set out in the AIA in practice. Second, by examining the AIA from an auditing perspective, we seek to provide transferable lessons from previous research about how to refine further the regulatory approach outlined in the AIA. We conclude by highlighting seven aspects of the AIA where amendments (or simply clarifications) would be helpful. These include, above all, the need to translate vague concepts into verifiable criteria and to strengthen the institutional safeguards concerning conformity assessments based on internal checks. (shrink)

Organisations that design and deploy artificial intelligence (AI) systems increasingly commit themselves to high-level, ethical principles. However, there still exists a gap between principles and practices in AI ethics. One major obstacle organisations face when attempting to operationalise AI Ethics is the lack of a well-defined material scope. Put differently, the question to which systems and processes AI ethics principles ought to apply remains unanswered. Of course, there exists no universally accepted definition of AI, and different systems pose different ethical (...) challenges. Nevertheless, pragmatic problem-solving demands that things should be sorted so that their grouping will promote successful actions for some specific end. In this article, we review and compare previous attempts to classify AI systems for the purpose of implementing AI governance in practice. We find that attempts to classify AI systems proposed in previous literature use one of three mental models: _the Switch_, i.e., a binary approach according to which systems either are or are not considered AI systems depending on their characteristics; _the Ladder_, i.e., a risk-based approach that classifies systems according to the ethical risks they pose; and _the Matrix_, i.e., a multi-dimensional classification of systems that take various aspects into account, such as context, input data, and decision-model. Each of these models for classifying AI systems comes with its own set of strengths and weaknesses. By conceptualising different ways of classifying AI systems into simple mental models, we hope to provide organisations that design, deploy, or regulate AI systems with the vocabulary needed to demarcate the material scope of their AI governance frameworks. (shrink)