Preventing AI extractivism: the case for braiding indigenous data justice with ABS for stronger AI data governance

Abstract Artificial-intelligence systems are rapidly reproducing colonial extractivism by harvesting Indigenous linguistic, biometric, geospatial, and ecological data without consent, compensation, or accountability. Biotechnology offers a blueprint for curbing such practices: the Convention on Biological Diversity and its Nagoya Protocol obligate users of genetic resources to obtain Prior Informed Consent, negotiate Mutually Agreed Terms, and share benefits fairly. No comparable framework restrains the digital appropriation that underpins many AI products. Consequently, corporations and states monetize Indigenous knowledge systems under the banners of “open data” and “scientific neutrality,” eroding rights affirmed in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). In response to this rising risk of AI extractivism, we make the case for a binding, sui generis ABS protocol for AI data governance. First, through a series of case studies we demonstrate that AI extraction mirrors the colonial and biopiracy controversies that originally triggered Access‑and‑Benefit‑Sharing (ABS) rules in biotechnology. Second, we translate those rules into a digital register by braiding two Indigenous data‑governance frameworks—OCAP ® (Ownership, Control, Access, Possession) and the CARE Principles (Collective Benefit, Authority to Control, Responsibility, Ethics)—inside the ABS triad of consent, terms, and benefit‑sharing. The resulting model grounds technical safeguards in relational accountability and Indigenous legal orders. Such an instrument would compel transparent negotiations with Indigenous rights‑holders, assign enforceable authority over data across the AI lifecycle, and require equitable redistribution of the economic value generated by models trained on Indigenous data. Embedding ABS principles into AI governance offers a decolonial pathway that centers Indigenous epistemologies, promotes ethical foresight, and transforms AI from a vehicle of digital colonialism into a space for algorithmic justice.