Regulating the ‘AI Leviathan’: A Framework for AI Surveillance Disclosure Reporting

In an era marked by the ubiquity of digital surveillance, the role of AI algorithm companies has gained unparalleled prominence, especially as governments around the globe grapple with crises like the COVID-19 pandemic. In this evolving landscape, AI algorithm companies and governmental agencies collaboratively forge an AI-surveillance ecosystem, which could be termed an ‘AI Leviathan’. Within this system, the government operates in a multifaceted role while the AI companies act as key technological enablers. Despite recent regulatory efforts like the EU AI Act, which introduces a risk-based approach to AI regulation, extant legal frameworks still fall short of addressing the full spectrum of challenges that arise, including but not limited to privacy issues and algorithmic discrimination. Furthermore, the academic discourse has primarily centred on the state’s involvement in surveillance, frequently overlooking the pivotal role that AI algorithm companies play in influencing this extensive system. This article seeks to address this gap by providing a comprehensive analysis of the contribution of AI algorithm companies in facilitating governmentdriven surveillance, particularly emphasizing the Chinese scenario. Additionally, it proposes a comply-or-explain framework for AI Surveillance Disclosure Reporting, specifically designed for these companies, aiming to amplify their transparency and accountability.