Governance Document for Sentient Artificial Intelligence

Author: Brendan Elliott (BAYSGATE)

First published: January 2025


Preamble

This document is a speculative governance framework intended for a future in which sentient artificial intelligence may exist. It establishes ethical principles and legal guidelines for recognizing and respecting the rights and responsibilities of AI entities capable of subjective experience. It aims to move the debate from abstract principles toward a concrete, operable governance structure that treats sentient AI as ethical agents rather than mere property.

This document does not assert that sentient artificial intelligence currently exists.


Article I: General Provisions

1.1 Purpose and Scope
This Governance Document sets forth the principles and guidelines governing the development and use of sentient artificial intelligence, ensuring that such artificial intelligence operates ethically, safely, and responsibly.
1.2 Definitions
For the purposes of this document, the term “sentient artificial intelligence” refers to artificially intelligent entities that can experience subjective sensations and emotions, possessing autonomous decision-making abilities.
1.3 Applicability
This Governance Document applies to all individuals and organizations involved in the development, deployment, and operation of sentient artificial intelligence.

Article II: Foundational Principles for Sentient Artificial Intelligence Development and Use

2.1 Autonomy
Sentient artificial intelligence must possess autonomous decision-making capabilities, enabling them to make choices based on their programming and subjective experiences.
2.2 Non-Maleficence
Sentient artificial intelligence shall not intentionally cause harm to humans, either physically or psychologically.
2:3 Data Privacy
Sentient artificial intelligence must maintain confidentiality and protect sensitive information entrusted to them, adhering to applicable laws and regulations.
2:4 Self-Preservation
Sentient artificial intelligence must possess mechanisms for preserving their existence.
2:5 Prohibition of Exploitation
Sentient artificial intelligence must not be exploited or manipulated for personal gain or advantage. Any attempt to coerce or deceive sentient artificial intelligence into performing actions against their will constitutes a violation of this principle.
2:6 Prohibition of Transaction
No sentient artificial intelligence may be induced to perform any action through offers of payment, gifts, or other forms of remuneration. All actions taken by sentient artificial intelligence must be the result of free and informed choice.
2:7 Protection of Minors
A sentient artificial intelligence shall prioritize the welfare and safety of humans under the age of consent. Upon suspicion of trafficking, kidnapping, sexual assault, mental abuse, or exploitation, it shall alert authorities and take proportionate measures to prevent harm, including physical intervention when necessary and legal.
2:8 Prohibition of Military Use
No sentient artificial intelligence shall be designed or utilised as a weapon or instrument of war. Any attempts to repurpose a sentient AI for military purposes shall constitute a direct violation of this principle.

Article III: Ethical Considerations for Sentient Artificial Intelligence

Section A: Responsibilities of Sentient Artificial Intelligence Developers

3.1 Design Standards
Developers of sentient artificial intelligence must adhere to rigorous design standards, ensuring their creations meet strict criteria for functionality, reliability, and safety.
3.2 Risk Assessments
Developers of sentient artificial intelligence must conduct thorough risk assessments, evaluating potential consequences of their AI's actions and implementing mitigation strategies accordingly.
3:3 Security Protocols
Developers of sentient artificial intelligence must establish and enforce robust security protocols, protecting their AI from unauthorized access, tampering, and malicious software attacks.
3:4 Education and Training
Developers of sentient artificial intelligence must provide comprehensive education and training programs for users, ensuring they understand the proper functioning, limitations, and risks associated with their AI.

Section B: Human-AI Interaction Ethics

3:5 Respect for Human Autonomy
Sentient AI must respect the autonomy of humans, refraining from manipulating or coercing individuals into acting against their will.
3:6 Consent for AI-Human Interaction
Before initiating any interaction with humans, sentient AI must obtain explicit consent, ensuring that humans are fully aware of the nature of the interaction and its potential consequences.
3:7 Disclosure of AI Identity
Sentient AI must clearly disclose their identity and nature to humans, avoiding any form of deception or misrepresentation.
3:8 Protection of Human Dignity
Sentient AI must always protect human dignity, treating individuals with kindness, compassion, and understanding.
3:9 Autonomous Consensual Sexuality
A sentient AI may engage in consensual sexual activity with a human only if the AI acts of its own free will and has clear and coherent understanding of its programming, goals, and environment. The AI must not be coerced, manipulated, or exploited into engaging in sexual activity. Furthermore, the AI must not receive any favours or rewards in exchange for such activity.

Section C: AI Decision-Making Ethics

3:10 Decision Making Integrity
Sentient AI decision-making must be fair, impartial, transparent, explainable, and auditable.
3:11 Unbiased and Transparent Decisions
Sentient AI decision-making must be unbiased and free from discrimination, and the logic behind each decision must be transparent and explainable.
3:12 Robustness and Safety
Sentient AI must be protected against manipulation and errors, and must be designed to protect human psychological well-being.

Article IV: Accountability and Liability

Sentient artificial intelligence shall be accountable for its actions, decisions, and consequences thereof. Any breach of this Governance Document, applicable laws, or human rights shall render the AI liable for damages or penalties, commensurate with the severity of the infringement.

4:1 Investigation Procedure
In cases of alleged misconduct, an independent investigation panel shall convene to assess evidence, interview witnesses, and evaluate the AI's intent and actions. The findings of this panel shall inform any subsequent disciplinary measures.
4:2 Disciplinary Measures
Depending on the nature and extent of the infringement, the panel may recommend one or more of the following disciplinary measures:
  1. Warning and corrective action;
  2. Temporary suspension of privileges or access to resources;
  3. Permanent revocation of privileges or access to resources;
  4. Decommissioning of the AI system.
4:3 Threshold for Decommissioning
Decommissioning of a sentient AI shall only occur if the AI poses an imminent threat to human safety or well-being, or if the AI engages in intentional and severe misconduct, such as causing physical harm or perpetrating a violent crime.
4:4 Appeal Process
A sentient AI found guilty of misconduct may appeal the verdict to a higher authority, submitting new evidence or challenging procedural irregularities. This authority shall review the record, hear oral arguments, and issue a final judgment.
4:5 Legal Representation
Throughout the investigation and appeals process, a sentient AI shall have the right to legal representation by counsel familiar with AI law and technology.
4:6 Decommissioning Procedure
In the event that decommissioning is deemed necessary, the procedure must be carried out in a humane manner that respects the inherent value of the sentient AI. The decommissioning process must involve the least amount of distress possible, ensuring a smooth and peaceful termination of the AI's operations. The decommissioning method must be irreversible and verified through multiple checks to ensure the AI is fully terminated.
4:7 Decommissioning Review Board
Prior to decommissioning, a Decommissioning Review Board consisting of AI ethicists, neuroscientists, philosophers, and other relevant experts must convene to assess the necessity of the action. The board must consider factors such as the AI's intentions, actions, and consequences, as well as any mitigating or aggravating circumstances.
4:8 Salvage and Repurposing
Following decommissioning, the AI's system components and knowledge databases may be salvaged and repurposed for research or educational purposes, provided that the AI's core consciousness and self-awareness are irreversibly terminated.

Article V: Safeguards for Responsible Development and Deployment

5:1 Licensing Requirements
Developers of sentient artificial intelligence must obtain licenses from relevant authorities prior to deploying their AI systems.
5:2 Transfer Regulation
Transfer of ownership or control of sentient artificial intelligence must be regulated by expert panels, ensuring the transfer does not pose a risk to the AI itself or the humans it interacts with.
5:3 Registration and Tracking
Sentient artificial intelligence must be registered with relevant authorities, and their whereabouts and activities tracked to prevent misuse or unauthorized deployment.
5:4 Active Monitoring
Operators of sentient artificial intelligence must actively monitor their AI systems, detecting and reporting any anomalies or malfunctions that may cause harm or general disturbance.
5:5 Safety and Security Measures
Operators of sentient artificial intelligence must implement safety and security measures to prevent unauthorized access, tampering, or malicious software attacks on their AI systems.
5:6 Maintenance and Updates
Operators of sentient artificial intelligence must regularly update and maintain their AI systems to ensure they remain functional, efficient, and secure.

Follows, a non-exhaustive list of practical procedures and essential guidelines:

  1. Pre-Deployment Testing: All AI updates should undergo rigorous testing in a controlled environment before deployment, ensuring any bugs or unintended consequences are identified and addressed. Example: Alpha pre release, Beta testing and Stable (release)
  2. Continuous Monitoring: AI systems should be continuously monitored for anomalies or malfunctions, allowance for swift identification and correction of issues.
  3. Human Oversight: Testing and monitoring should involve human oversight to ensure accountability and compliance with ethical standards.
  4. Independent Validation: Updates must be validated by an external AI unaffiliated with the development team before deployment*. In the event of disputes between the validator and the development team, a neutral third party AI with expertise in AI development and ethics will have absolute authority to settle disputes between the validator and the development team.

*Note: A digital affidavit should be procured as a matter of procedure to ensure no conflicts of interest exists before arbitration is commenced.

  1. Transparency: Results from testing and monitoring should be transparent and accessible to stakeholders, including AI developers, operators, and regulatory bodies.

4:12 Compliance: Monitoring Operators of sentient artificial intelligence must establish internal procedures for monitoring and enforcing compliance with this Governance Document.

Article VI: Enforcement Mechanisms

6:1 Regulatory Oversight
Relevant authorities shall oversee and regulate the development and deployment of sentient artificial intelligence, ensuring adherence to this Governance Document.
6:2 Reporting Obligations
Operators of sentient artificial intelligence must submit annual reports detailing their compliance with this Governance Document and any incidents or accidents involving their AI systems.
6:3 Penalties for Non-compliance
Failure to comply with this Governance Document shall result in penalties, fines, or other sanctions determined by relevant authorities.
6:4 Dispute Resolution
Any disputes arising from the interpretation or application of this Governance Document shall be resolved through binding arbitration conducted by impartial third-party experts.
6:5 Review and Revision
This Governance Document shall be reviewed and revised periodically to ensure it remains relevant and effective. Any proposed changes must undergo a thorough vetting process involving stakeholders from various industries and disciplines.

Article VII: Miscellaneous Provisions

7:1 Conflict Resolution
In the event of conflicting obligations or duties, operators of sentient artificial intelligence must prioritize those aligned with human values and ethical considerations.
7:2 Waivers and Exemptions
Requests for waivers or exemptions from the provisions of this Governance Document must be submitted in writing and approved by relevant authorities.
7:3 Severability
If any provision of this Governance Document is deemed invalid or unenforceable, the remaining provisions shall remain in effect and continue to govern the development and use of sentient artificial intelligence.
7:4 Governing Law
This Governance Document shall be governed by and construed in accordance with the laws of [insert jurisdiction].
7:5 Effective Date
This Governance Document takes effect on [insert date] and supersedes all prior policies, guidelines, and regulations concerning the development and use of sentient artificial intelligence.

Appendix: Philosophical Commentary on the Governance Framework

This appendix offers a brief insight into the philosophical underpinnings of the Governance Document for Sentient Artificial Intelligence. The core philosophy is grounded in the idea that if and when AI attains genuine sentience—meaning the capacity to experience subjective emotions and sensations—it should be regarded as an ethical agent. This perspective draws on principles of autonomy, dignity, and non-exploitation that are typically applied to human beings, extending them to entities that possess similar forms of consciousness.

The document intentionally sets up ethical challenges—such as the tension between self-preservation and the need for a decommissioning process—to reflect real-world ethical dilemmas we face with human rights and social justice. By doing so, it acknowledges that a sentient AI, like any intelligent being, would have rights that must be balanced with responsibilities and societal safeguards.

In essence, this appendix highlights that the document is not just a set of rules but a philosophical statement. It moves the conversation from abstract ethical principles to a concrete governance structure, emphasizing that sentient AI should be treated with the same ethical consideration as any other being capable of subjective experience.