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

May combine two claims.

These biometric technologies are often supplied by Western contractors such as Clearview AI, Palantir, and NEC, whose algorithms are trained predominantly on non-consensual data.

“These technologies are often supplied by Western contractors such as Clearview AI, Palantir, and NEC, whose algorithms are trained predominantly on non-consensual data (see example of non-consent in Garrison 2012).”

• cites Garrison 2012 sourceSupported

Probably not a substantial claim: may not pass S3 (load-bearing).

CARE elevates the rationale for OCAP, contextualizing operational practices within an ethical worldview grounded in self-determination and respect.

“In this sense, CARE elevates the rationale for OCAP ® , contextualizing operational practices within an ethical worldview grounded in self-determination and respect (Carroll et al. 2020).”

• cites Carroll et al. 2020 sourceCould not verify

  The Definition for Open Data & Open Code (p. 4) discusses FAIR criteria, while the Outlook (p. 16) discusses detecting biomedical data sharing. Neither addresses CARE, OCAP, or their ethical relationship; searches for those terms and self-determination found no relevant passage in our copy. The printed citation names Carroll et al. (2020), but that is not evidence from the assigned source paper. (LLM, conf=0.78)

  Experimental — accuracy not yet measured

Classified as probably not a substantial claim.

A growing consensus has emerged that the Nagoya Protocol must evolve to address the realities of the digital age.

“As governments and stakeholders debate how to regulate DSI, a growing consensus has emerged that the Nagoya Protocol must evolve to address the realities of the digital age (Aubry et al. 2021).”

• cites Aubry et al. 2021 sourcePartly supported

  Section 4 (“Learning from the Seeds”; page unavailable) says existing access-and-benefit-sharing instruments have not addressed digitization and urges a coordinated approach; it describes changing the Nagoya Protocol’s scope as a possible option whose details remain unclear. Section 6 proposes adapting various frameworks to the digital age. These passages support a need for reform, but not the claim that a growing consensus has emerged specifically to evolve the Nagoya Protocol. (LLM, conf=0.86)

  Experimental — accuracy not yet measured

Classified as probably not a substantial claim. May combine two claims.

CARE emphasizes that data governance must not be neutral or extractive, but rather benefit Indigenous communities and be shaped by their authority and ethical traditions.

“CARE emphasizes that data governance must not be neutral or extractive, but rather benefit Indigenous communities and be shaped by their authority and ethical traditions.”

• cites Carroll et al. 2020 sourceCould not verify

  The Definition for Open Data & Open Code (p. 4) concerns criteria for open biomedical research data, and the Outlook (p. 16) concerns detecting data sharing in publications. Searches for CARE, Indigenous communities, and Indigenous data governance found no passage addressing community benefit, authority, or ethical traditions. (LLM, conf=0.76)

  Experimental — accuracy not yet measured

Classified as probably not a substantial claim.

Indigenous Data Sovereignty asserts that Indigenous peoples' rights to self-determination extend into the digital and data realm.

“the concept of Indigenous Data Sovereignty (IDS) has gained traction in the last decade: it asserts that Indigenous peoples' rights to self-determination extend into the digital/data realm (Kukutai and Taylor 2016).”

• cites Kukutai and Taylor 2016 sourceSupported

Probably not a substantial claim: may not pass S3 (load-bearing).

The CARE Principles (Collective Benefit, Authority to Control, Responsibility, Ethics) for Indigenous Data Governance were articulated by the Global Indigenous Data Alliance.

“Movements like the Global Indigenous Data Alliance have articulated principles to guide this, notably the CARE Principles (Collective Benefit, Authority to Control, Responsibility, Ethics) for Indigenous Data Governance (Carroll et al. 2020).”

• cites Carroll et al. 2020 sourceCould not verify

  The Introduction (p. 2) discusses open-data declarations, and the definition section (p. 4) discusses FAIR criteria, but neither addresses Indigenous data governance. Searches for the CARE Principles and the Global Indigenous Data Alliance found no passage in our copy supporting the claim. (LLM, conf=0.76)

  Experimental — accuracy not yet measured

May combine two claims.

If OCAP principles were respected, they would rule out most of the unethical data scooping we've seen, such as secret web scraping or unconsented DNA sequencing, because those acts violate each element of OCAP and take ownership and possession away from the community.

“These principles, if respected, would rule out most of the unethical data scooping we've seen (such as secret web scraping (Radford et al. 2023) or unconsented DNA sequencing (Garrison 2012) because those acts violate each element of OCAP ® and take ownership and possession away from the community.”

• cites Radford et al. 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites Garrison 2012 sourcePartly supported

  Split into 2 atoms — 0 confirmed, 2 partially supported, 0 disputed, 0 misattributed, 0 unverifiable. Expand the claim to see per-atom verdicts.

  Experimental — accuracy not yet measured

Probably not a substantial claim: may not pass S2 (checkable).

Decolonial work begins with 'disenclosure', the process of unmaking the epistemic and material structures that allow Indigenous knowledge to be extracted in the name of openness.

“As Mollema (2024b) suggests, decolonial work begins with “disenclosure,” which is the process of unmaking the epistemic and material structures that allow Indigenous knowledge to be extracted in the name of openness.”

• cites Mollema (2024b) sourcePartly supported

  Section 5, “Decolonization as Disenclosure” (page unavailable), defines disenclosure as bringing down colonial barriers in land, body, and mind. Section 7.3, “Epistemic Disenclosure of AI” (page unavailable), extends this to barriers to non-dominated epistemological access. The paper does not describe disenclosure specifically as preventing the extraction of Indigenous knowledge in the name of openness; that part of the claim is unsupported. (LLM, conf=0.85)

  Experimental — accuracy not yet measured

Classified as probably not a substantial claim.

The shift toward an ABS approach aligns with Mohamed et al.'s call for a decolonial AI that goes beyond inclusion to transform power relations, redistributing both epistemic and economic authority.

“This shift aligns with Mohamed et al.'s (2020) call for a decolonial AI that goes beyond inclusion to transform power relations, redistributing both epistemic and economic authority.”

• cites Mohamed et al.'s (2020) sourceSupported

Classified as probably not a substantial claim. May combine two claims.

Collective Benefit can be implemented through automated benefit-sharing systems that track AI applications built on Indigenous data and distribute returns according to community-specified algorithms, or via a multinational trust that distributes the benefit per agreed terms.

“Collective Benefit can be implemented through automated benefit-sharing systems that track AI applications built on Indigenous data and distribute returns according to community-specified algorithms, or via a multinational trust that distributes the benefit per agreed terms (Klünker and Richter 2022).”

• cites Klünker and Richter 2022 sourcePartly supported

  Split into 2 atoms — 0 confirmed, 2 partially supported, 0 disputed, 0 misattributed, 0 unverifiable. Expand the claim to see per-atom verdicts.

  Experimental — accuracy not yet measured

May combine two claims.

A global surveillance infrastructure reproduces the colonial equation that surveillance is for the governed, not the governors, and that control over bodies, especially Indigenous bodies, remains a measure of sovereignty itself.

“The result is a global surveillance infrastructure that, while cloaked in technical neutrality, reproduces the colonial equation that surveillance is for the governed, not the governors, and that control over bodies, especially Indigenous bodies, remains a measure of sovereignty itself.”

Classified as probably not a substantial claim.

Fair and Equitable Sharing ensures that benefits derived from genetic resources and traditional knowledge are distributed justly among all stakeholders by mandating that both users and providers engage in fair negotiations.

“Fair and Equitable Sharing (FES), ensures that benefits derived from genetic resources and traditional knowledge are distributed justly among all stakeholders by mandating that both users and providers engage in fair negotiations.”

• cites WIPO 2004Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable).

Integrating OCAP's Control and CARE's Responsibility and Ethics into MAT frameworks centers Indigenous worldviews as the governing paradigm for AI development relationships.

“From a philosophical lens, integrating OCAP ® 's Control and CARE's Responsibility and Ethics into MAT frameworks centers Indigenous worldviews as the governing paradigm for AI development relationships.”

May combine two claims.

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.

“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.”

• cites Nagoya Protocol 2010Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The resulting braided model grounds technical safeguards in relational accountability and Indigenous legal orders.

“The resulting model grounds technical safeguards in relational accountability and Indigenous legal orders.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The impacts of data extraction on Indigenous peoples and communities are no less severe than those of physical resource extraction.

“And yet, as we've shown, its impacts on Indigenous peoples and communities are no less severe.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Obtaining true PIC in digital contexts demands tools that can authenticate consent across data lifecycles while ensuring the permanence and traceability of Indigenous authorization.

“From a technological standpoint, obtaining true PIC in digital contexts demands tools that can authenticate consent across data lifecycles while ensuring the permanence and traceability of Indigenous authorization.”

• AssumptionRests on an assumption: Digital data multiplies, transforms, and circulates across global networks, creating unprecedented challenges for maintaining consent integrity.

Classified as probably not a substantial claim.

CARE provides the normative scaffolding that positions Indigenous data governance within a broader discourse of justice, accountability, and relational ethics.

“CARE provides the normative scaffolding that positions Indigenous data governance within a broader discourse of justice, accountability, and relational ethics.”

May combine two claims.

Communities whose data underwrites algorithmic advancement will remain disenfranchised from both decision-making authority and financial benefit.

“Communities whose data underwrites algorithmic advancement will remain disenfranchised from both decision-making authority and financial benefit.”

May combine two claims.

UNDRIP Articles 10, 11(2), and 19 establish Indigenous communities' rights to prior informed consent, but they lack detailed frameworks for how these rights translate to digital contexts where data is infinitely replicable, globally distributed, and continuously transformed.

“While Articles 10, 11(2), and 19 (UNDRIP 2007) establish Indigenous communities' rights to prior informed consent, they lack detailed frameworks for how these rights translate to digital contexts where data is infinitely replicable, globally distributed, and continuously transformed.”

• cites UNDRIP 2007Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

OCAP's Ownership principle operationalizes collective property claims by defining specific mechanisms for asserting and maintaining control over digitized Indigenous knowledge.

“OCAP ® 's Ownership principle operationalizes collective property claims by defining specific mechanisms for asserting and maintaining control over digitized Indigenous knowledge.”

Classified as probably not a substantial claim.

Integrating OCAP's Control principle into MAT frameworks transforms standard contractual arrangements by establishing ongoing Indigenous governance authority over data use throughout AI development lifecycles.

“Legally, integrating OCAP ® 's Control principle into MAT frameworks transforms standard contractual arrangements by establishing ongoing Indigenous governance authority over data use throughout AI development lifecycles.”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The Human Genome Diversity Project in the 1990s raised alarms by aiming to collect DNA from isolated Indigenous populations worldwide; critics dubbed it the Vampire Project, fearing it would siphon genetic materials and potentially privatize them.

“The Human Genome Diversity Project (HGDP) in the 1990s similarly raised alarms by aiming to collect DNA from isolated Indigenous populations worldwide; critics dubbed it the “Vampire Project,” fearing it would siphon genetic materials and potentially privatize them.”

• cites HGDP 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

The United States has not ratified UNDRIP, only expressed support in a nonbinding way, which complicates the domestic application of these principles.

“The United States, for instance, has not ratified UNDRIP (it only expressed support in a nonbinding way), which complicates the domestic application of these principles.”

Classified as probably not a substantial claim. May combine two claims.

Benefits under ABS should not only be monetary but should also include capacity building, technology transfer, and the preservation of traditional knowledge.

“It also emphasizes that benefits should not only be monetary but should also include things like capacity building, technology transfer, and the preservation of traditional knowledge (WIPO 2004).”

• cites WIPO 2004Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

This application disrupts the extractive epistemologies that dominate AI development and ensures that Indigenous peoples remain active guardians of their knowledge systems, whether those systems exist in biological or digital form.

“This application disrupts the extractive epistemologies that dominate AI development and ensures that Indigenous peoples remain active guardians of their knowledge systems, whether those systems exist in biological or digital form.”

Probably not a substantial claim: may not pass S2 (checkable).

Embedding Ownership and Authority to Control into digital PIC maintains the Protocol's fundamental insight that Indigenous knowledge cannot be separated from the particular communities, kinship networks, and territories from which it emerges.

“Embedding Ownership and Authority to Control into digital PIC maintains the Protocol's fundamental insight that Indigenous knowledge cannot be separated from the particular communities, kinship networks, and territories from which it emerges.”

Classified as probably not a substantial claim.

Collectively, these mechanisms transform consent from a one-time legal checkbox into an ongoing, technically enforced agreement that respects the dynamic and relational nature of Indigenous knowledge governance.

“Collectively, these mechanisms transform consent from a one-time legal checkbox into an ongoing, technically enforced agreement that respects the dynamic and relational nature of Indigenous knowledge governance.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

A binding ABS protocol for AI data governance would require equitable redistribution of the economic value generated by models trained on Indigenous data.

“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.”

• AssumptionRests on an assumption: The ABS framework, designed for tangible genetic resources, can be meaningfully extended to digital data and AI governance.
• AssumptionRests on an assumption: A binding sui generis ABS protocol for AI data governance is legally and politically feasible.

May combine two claims.

The governing calculus of historical and contemporary extraction is the same: extract without consent and monetize without equitable redistribution, continuing the colonial work of the Doctrine of Discovery in algorithmic form.

“Whether historical or contemporary, the governing calculus is the same: extract without consent and monetize without equitable redistribution, continuing, albeit in algorithmic form, the colonial work of the Doctrine of Discovery (Assembly of First Nations 2018).”

• cites Assembly of First Nations 2018Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

These geospatial AI technologies are often deployed without community consultation and are heavily concentrated in regions rich in Indigenous territories, including northern Canada, the Amazon Basin, and Australia's Pilbara region.

“These technologies, often deployed without community consultation, are heavily concentrated in regions rich in Indigenous territories, including northern Canada, the Amazon Basin, and Australia's Pilbara region.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

The layered approach ensures that Indigenous rights are not only respected in principle but also protected in practice, across digital, legal, and institutional domains.

“It ensures that Indigenous rights are not only respected in principle but also protected in practice, across digital, legal, and institutional domains.”

May combine two claims.

The origins of biometric identification lie in practices of colonial control, where biometric surveillance was imposed on colonized peoples while white settlers often exempted themselves.

“The very origins of biometric identification lie in the practices of colonial control (Nishiyama 2015), where biometric surveillance was imposed on colonized peoples, while white settlers often exempted themselves, reflecting a racial double-standard that surveillance is for the subjugated.”

• cites Nishiyama 2015 sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

CARE's Responsibility and Ethics principles mandate that these agreements reflect Indigenous customary law-including seasonal, gendered, or ceremonial restrictions-while establishing enforceable obligations for ongoing community accountability that extend beyond initial contractual compliance to encompass the full lifecycle of AI development and deployment.

“CARE's Responsibility and Ethics principles further mandate that these agreements reflect Indigenous customary law-including seasonal, gendered, or ceremonial restrictions-while establishing enforceable obligations for ongoing community accountability that extend beyond initial contractual compliance to encompass the full lifecycle of AI development and deployment.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Control ensures that Indigenous governance systems, not only Western commercial frameworks, determine how contractual obligations are interpreted, prioritized, and fulfilled throughout AI lifecycles.

“Control ensures that Indigenous governance systems, not only Western commercial frameworks, determine how contractual obligations are interpreted, prioritized, and fulfilled throughout AI lifecycles.”

Probably not a substantial claim: may not pass S4 (based).

Unlike physical resource extraction, which might trigger environmental impact assessments or legal challenges, data extraction often flies under the radar of regulation.

“Unlike physical resource extraction, which might trigger environmental impact assessments or legal challenges, data extraction often flies under the radar of regulation.”

May combine two claims.

Modern AI-driven biometric systems are being used at increasing rates and too often disproportionately impact Indigenous and other marginalized groups.

“modern AI-driven biometric systems, from facial recognition cameras to nationwide fingerprint databases, are being used at increasing rates, and too often disproportionately impact Indigenous and other marginalized groups (Del Villar and Hayes 2021).”

• cites Del Villar and Hayes 2021Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing).

Mutually Agreed Terms establishes a contractual basis for negotiations between users and providers of genetic resources and traditional knowledge.

“Mutually Agreed Terms (MAT) complements the PIC by establishing a contractual basis for negotiations between users and providers of genetic resources and traditional knowledge (CBD 2025b, FAQ).”

• cites CBD 2025bNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

Only an international treaty can ensure that all parties, whether states, corporations, or research institutions, are held to consistent standards, and that Indigenous data sovereignty is respected irrespective of geopolitical boundaries, and guide the use of raw data, model weights, and synthetic outputs across the AI lifecycle.

“Only an international treaty can ensure that all parties, whether states, corporations, or research institutions, are held to consistent standards, and that Indigenous data sovereignty is respected irrespective of geopolitical boundaries, and guide the use of raw data, model weights, and synthetic outputs across the AI lifecycle.”

• AssumptionRests on an assumption: AI is inherently transnational.

Probably not a substantial claim: may not pass S4 (based).

A binding ABS protocol for AI data governance would assign enforceable authority over data across the AI lifecycle.

“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.”

• AssumptionRests on an assumption: The ABS framework, designed for tangible genetic resources, can be meaningfully extended to digital data and AI governance.
• AssumptionRests on an assumption: A binding sui generis ABS protocol for AI data governance is legally and politically feasible.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Responsibility establishes that AI developers bear enduring relational duties that extend beyond contractual compliance to encompass ongoing care for community wellbeing and knowledge integrity.

“Responsibility establishes that AI developers bear enduring relational duties that extend beyond contractual compliance to encompass ongoing care for community wellbeing and knowledge integrity.”

Probably not a substantial claim: may not pass S4 (based).

OCAP offers operationalized toolkits (templates, training, precedent-setting case law) for translating Indigenous ownership and control into enforceable, day-to-day data-governance practice.

“we suggest starting with OCAP ® because it offers operationalized toolkits (templates, training, precedent-setting case law) for translating Indigenous ownership and control into enforceable, day-to-day data-governance practice.”

May combine two claims.

PIC aligns closely with the 'Ownership' and 'Authority to Control' elements of OCAP and CARE, respectively.

“PIC aligns closely with the”

Probably not a substantial claim: may not pass S4 (based).

In the absence of legal protections, harm often occurs first to Indigenous and minority communities, as data is harvested, commodified, and deployed in AI systems without consent.

“In the absence of legal protections, harm often occurs first to Indigenous and minority communities, as data is harvested, commodified, and deployed in AI systems without consent.”

Probably not a substantial claim: may not pass S2 (checkable).

Without community governance, open can mean up for grabs.

“Without community governance, “open” can mean up for grabs.”

Probably not a substantial claim: may not pass S2 (checkable).

Indigenous communities should be the ones to decide how data about them is collected, used, and shared.

“This means Indigenous communities should be the ones to decide how data about them is collected, used, and shared.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

This operationalizes Control by requiring that MATs incorporate community-specific protocols through Indigenous Data Review Boards or tribal ethics committees with binding authority over contract interpretation and enforcement.

“This operationalizes Control by requiring that MATs incorporate community-specific protocols through Indigenous Data Review Boards or tribal ethics committees with binding authority over contract interpretation and enforcement.”

May combine two claims.

Companies are engaging in digital colonialism and eroding Indigenous data sovereignty by extracting and commodifying biometric, linguistic, geospatial, and environmental data without consent.

“These companies are engaging in digital colonialism and eroding Indigenous data sovereignty by extracting and commodifying biometric, linguistic, geospatial, and environmental data without consent (Bhattacharjee 2024).”

• cites Bhattacharjee 2024Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

May combine two claims.

In the digital era, scientists can sequence the genome of a medicinal plant or an entire ecosystem's microbiome, upload digital sequence data to a public database, and anyone can synthesize or manipulate those genes without physically accessing the biological material.

“In the digital era, scientists can now sequence the genome of a medicinal plant or even an entire ecosystem's microbiome, upload that digital sequence data to a public database, and then anyone (any corporation or lab) in the world can synthesize or manipulate those genes without ever physically accessing the biological material.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Ethics requires that all AI development processes align with Indigenous moral frameworks, ceremonial protocols, and relational values rather than defaulting to Western utilitarian calculations.

“Ethics requires that all AI development processes align with Indigenous moral frameworks, ceremonial protocols, and relational values rather than defaulting to Western utilitarian calculations.”

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.

These watermarks can embed community trademarks, registered symbols, or official insignia that provide legal trademark protection alongside consent verification, creating multiple layers of intellectual property enforcement.

“These watermarks can embed community trademarks, registered symbols, or official insignia that provide legal trademark protection alongside consent verification, creating multiple layers of intellectual property enforcement.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

This philosophical reorientation transforms MATs from standardized commercial instruments into relationship protocols that honor Indigenous epistemologies and maintain the sacred dimensions of knowledge systems.

“This philosophical reorientation transforms MATs from standardized commercial instruments into relationship protocols that honor Indigenous epistemologies and maintain the sacred dimensions of knowledge systems.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

The ABS system was built for tangible and material genetic samples, not for the torrents of language files, face prints, and satellite imagery that current AI uses by dodging accountability through open data claims.

“The problem, however, is that this system was built for tangible and material genetic samples, not torrents of language files, face prints, and satellite imagery that current AI uses by dodging accountability through “open data” claims.”

• AssumptionRests on an assumption: The ABS framework, designed for tangible genetic resources, can be meaningfully extended to digital data and AI governance.

Classified as probably not a substantial claim.

CARE's Authority to Control provides governance frameworks that enable communities to exercise their decision-making authority throughout AI development lifecycles, not just at initial consent moments.

“CARE's Authority to Control provides governance frameworks that enable communities to exercise their decision-making authority throughout AI development lifecycles, not just at initial consent moments.”

Probably not a substantial claim: may not pass S2 (checkable).

Together, these principles shift AI governance from treating Indigenous peoples as contracting parties within Western legal systems toward recognizing Indigenous communities as sovereign authorities operating within their own legal and ethical orders.

“Together, these principles shift AI governance from treating Indigenous peoples as contracting parties within Western legal systems toward recognizing Indigenous communities as sovereign authorities operating within their own legal and ethical orders.”

Classified as probably not a substantial claim.

Prior Informed Consent ensures that the provider country or Indigenous and local communities grant permission before access is granted, based on full disclosure of intended use.

“PIC ensures that the provider country or Indigenous and local communities grant permission before access is granted, based on full disclosure of intended use.”

• cites Nagoya Protocol 2010Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

A binding ABS protocol for AI data governance would compel transparent negotiations with Indigenous rights-holders.

“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.”

• AssumptionRests on an assumption: The ABS framework, designed for tangible genetic resources, can be meaningfully extended to digital data and AI governance.
• AssumptionRests on an assumption: A binding sui generis ABS protocol for AI data governance is legally and politically feasible.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Each element, OCAP as an operational protocol, CARE as a community-ethics framework, and ABS as a legal mechanism, contributes distinct but complementary functions, forming a multilevel architecture that can respond to the challenges posed by artificial intelligence and digital data economies.

“Each element, OCAP ® as an operational protocol, CARE as a community-ethics framework, and ABS as a legal mechanism, contributes distinct but complementary functions, forming a multilevel architecture that can respond to the challenges posed by artificial intelligence and digital data economies (Fig. 1).”

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

The Nagoya Protocol has been ratified by over 142 countries after becoming enforceable in 2014.

“One is the Nagoya Protocol, which has been ratified by over 142 countries after becoming enforceable in 2014.”

• cites Nagoya Protocol 2010Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S4 (based).

No comparable framework restrains the digital appropriation that underpins many AI products.

“No comparable framework restrains the digital appropriation that underpins many AI products.”

Probably not a substantial claim: may not pass S2 (checkable).

The braided model forms a cohesive governance framework that spans the ethical, procedural, and legal dimensions of Indigenous data sovereignty.

“Together, this braided model forms a cohesive governance framework that spans the ethical, procedural, and legal dimensions of Indigenous data sovereignty.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Embedding OCAP's Control and CARE's Responsibility and Ethics into MAT frameworks ensures that AI applications involving Indigenous data adhere to culturally grounded governance standards, enabling hybrid governance rather than a simple substitution.

“Embedding OCAP ® 's”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

The inclusion of DSI within ABS obligations represents a critical acknowledgment that value can be extracted from data alone, and that such extraction, if left unregulated, reproduces the same asymmetries and harms that the protocol sought to redress in its original form.

“The inclusion of DSI within ABS obligations represents a critical acknowledgment that value can be extracted from data alone, and that such extraction, if left unregulated, reproduces the same asymmetries and harms that the protocol sought to redress in its original form.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Many AI developers and data scientists operate as if Indigenous rights do not apply to their work.

“many AI developers and data scientists operate as if Indigenous rights do not apply to their work.”

Classified as probably not a substantial claim. May combine two claims.

The First Nations principles of OCAP (Ownership, Control, Access, Possession) established in Canada assert that First Nations in Canada own their data, have control over data collection and use, must have access to data about themselves, and should physically possess data for stewardship.

“Similarly, the First Nations principles of OCAP ® (Ownership, Control, Access, Possession) established in Canada assert that First Nations in Canada own their data, have control over data collection and use, must have access to data about themselves, and should physically possess data for stewardship (FNIGC 2025).”

• cites FNIGC 2025Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim. May combine two claims.

The Convention on Biological Diversity is a multilateral treaty, adopted in 1992 and ratified by 196 Parties, that created a global baseline for the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from genetic resources.

“This multilateral treaty, adopted in 1992 and ratified by 196 Parties, has created a global baseline for the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of benefits arising from genetic resources (see CBD 1992 and CBD List of Parties 2025a).”

• cites CBD 1992Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

• cites CBD List of Parties 2025aNot matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.

India's Aadhaar program is currently the world's largest biometric database, linking the fingerprints, irises, and facial images of over 1.3 billion people to state and corporate infrastructures, enabling both welfare distribution and pervasive surveillance.

“India's Aadhaar program.It is currently the world's largest biometric database, linking the fingerprints, irises, and facial images of over 1.3 billion people to state and corporate infrastructures, enabling both welfare distribution and pervasive surveillance (Tiwari et al. 2022).”

• cites Tiwari et al. 2022 sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S3 (load-bearing), S4 (based).

In countries that have endorsed UNDRIP, such as Canada and New Zealand, there is still the challenge of translating its principles into data governance laws and corporate practices.

“In countries that have endorsed UNDRIP (like Canada, New Zealand, etc.), there is still the challenge of translating its principles into data governance laws and corporate practices.”

Probably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing). May combine two claims.

These portals could implement graduated access systems reflecting traditional knowledge hierarchies, seasonal restrictions, or gender-specific protocols while maintaining comprehensive audit trails of all data interactions.

“These portals could implement graduated access systems reflecting traditional knowledge hierarchies, seasonal restrictions, or gender-specific protocols while maintaining comprehensive audit trails of all data interactions.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

In the context of AI, where data is increasingly dematerialized, repurposed, and monetized without consent, this layered approach offers a pathway toward more just and accountable data practices.

“In the context of AI, where data is increasingly dematerialized, repurposed, and monetized without consent, this layered approach offers a pathway toward more just and accountable data practices.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

The difference between AI being exploitative and empowering is governance, values, and voice.

“The difference is governance, values, and voice.”

Probably not a substantial claim: may not pass S2 (checkable).

A braided ABS model turns unilateral data capture into a negotiated relationship grounded in consent, reciprocity, and shared responsibility.

“A braided ABS model does exactly this: it turns unilateral data capture into a negotiated relationship, grounded in consent, reciprocity, and shared responsibility.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Access underlines Indigenous authority over how benefits are understood and distributed, recognizing that community-defined notions of benefit may prioritize cultural continuity, language revitalization, or ceremonial practices over monetary returns.

“Access underlines Indigenous authority over how benefits are understood and distributed, recognizing that community-defined notions of benefit may prioritize cultural continuity, language revitalization, or ceremonial practices over monetary returns.”

Classified as probably not a substantial claim.

CARE makes those governance procedures accountable to collective benefit and authority to control, not lab preferences.

“OCAP ® hardens ownership, possession, and ongoing access into local governance procedures; CARE makes those procedures accountable to collective benefit and authority to control, not lab preferences.”

May combine two claims.

New Zealand's Māori Data Sovereignty Network and others have explored Indigenous data trust models, noting that they align with Indigenous legal traditions of custodianship and are an exercise of sovereignty.

“New Zealand's Māori Data Sovereignty Network (Te Mana Raraunga.n.d.) and others have explored such models, noting that they align with Indigenous legal traditions of custodianship and are an exercise of sovereignty.”

• cites Te Mana Raraunga.n.d.Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Benefit-sharing enables Indigenous communities to participate as equals in digital economies rather than remaining dependent on external technical expertise.

“Benefit-sharing enables Indigenous communities to participate as equals in digital economies rather than remaining dependent on external technical expertise.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

The same technologies that can be used to oppress can, in different hands or under different rules, be used to empower.

“The same technologies that can be used to oppress can, in different hands or under different rules, be used to empower (Eke et al. 2023).”

• cites Eke et al. 2023 sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S2 (checkable).

By legally formalizing consent and benefit-sharing, AI does not remain an unregulated Wild West where might makes right.

“By legally formalizing consent and benefit-sharing, we ensure that AI does not remain an unregulated Wild West where might makes right.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Such treaties and agreements embody a decolonial approach: they recognize Indigenous peoples not as data points but as nations and knowledge holders with whom one must negotiate in good faith.

“Such treaties and agreements embody a decolonial approach: they recognize Indigenous peoples not as data points but as nations and knowledge holders with whom one must negotiate in good faith.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

ABS becomes a legal and philosophical framework for rebalancing power, dismantling digital enclosures, and building an AI landscape that is relational and reciprocal.

“In this light, ABS becomes a legal and philosophical framework for rebalancing power, dismantling digital enclosures, and building an AI landscape that is relational and reciprocal.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

OCAP, first developed in 1998, is one of the earliest, most influential, and most formally articulated modern frameworks of its kind, which is why the authors choose it first to develop the concept of a braided ABS approach.

“First developed in 1998, OCAP ® is one of the earliest, most influential, and most formally articulated modern frameworks of its kind which is why we choose it first to develop the concept of a braided ABS approach.”

Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.

An enforceable global norm requiring an agreement akin to a treaty with the source community before any AI project uses Indigenous data would not stifle innovation but would drive more creative, collaborative, and context-rich innovation.

“Such a norm would not stifle innovation; on the contrary, it would drive more creative, collaborative, and context-rich innovation.”

Probably not a substantial claim: may not pass S2 (checkable).

These principles ensure that any extracted data retain their relational characteristics throughout AI development processes.

“Unlike physical resource extraction, where materials leave community stewardship, these principles ensure that any extracted data retain their relational characteristics throughout AI development processes.”

Probably not a substantial claim: may not pass S2 (checkable).

There is nothing inevitable about AI being exploitative.

“Yet, there is nothing inevitable about AI being exploitative.”

Probably not a substantial claim: may not pass S3 (load-bearing).

The current First Nations data infrastructure gap in Canada is estimated at $3.3 billion.

“For example, the current First Nations data infrastructure gap in Canada is estimated at $3.3 billion (Assembly of First Nations 2023).”

• cites Assembly of First Nations 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

This philosophical framework transforms digital economies from extractive systems into reciprocal relationships that honor Indigenous epistemologies while enabling technological participation on community-controlled terms.

“This philosophical framework transforms digital economies from extractive systems into reciprocal relationships that honor Indigenous epistemologies while enabling technological participation on community-controlled terms.”

Probably not a substantial claim: may not pass S4 (based).

ABS supplies enforceable checkpoints, prior informed consent, and mutually agreed terms across borders, which function as anti-enclosure infrastructure.

“Specifically, ABS supplies enforceable checkpoints, prior informed consent, and mutually agreed terms across borders, which function as anti-enclosure infrastructure.”

Probably not a substantial claim: may not pass S2 (checkable).

AI becomes a domain of treaty-making (using PIC, MAT, and FES) between communities and data users.

“Instead, it becomes a domain of treaty-making (using PIC, MAT, and FES) between communities and data users.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

By legally integrating CARE's 'Collective Benefit' and OCAP's 'Access' and 'Possession,' benefit-sharing becomes not just a matter of compensatory justice but a vehicle for community empowerment and extends Nagoya's community benefit-sharing framework to digital contexts while fundamentally altering control dynamics.

“By legally integrating CARE's”

• AssumptionRests on an assumption: Under the Nagoya Protocol, benefits can be monetary (e.g., royalties) or non-monetary (e.g., technology transfer).
• AssumptionRests on an assumption: While Nagoya establishes community benefit-sharing for biological resources and associated traditional knowledge, if harvested the control over biological material transfers to the holder of the resources.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Without changes in regulatory enforcement, AI technologies risk continuing the worst extractivist excesses of colonial history.

“It is abundantly clear that without changes in regulatory enforcement, AI technologies risk continuing the worst extractivist excesses of colonial history.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

Collective Benefit operationalizes community claims to co-ownership of intellectual property derived from digital Indigenous data, establishing legal precedents for joint patent rights and mandatory revenue-sharing in AI applications.

“Collective Benefit operationalizes community claims to co-ownership of intellectual property derived from digital Indigenous data, establishing legal precedents for joint patent rights and mandatory revenue-sharing in AI applications.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

OCAP in Canada, while not treaty bound, is a First Nations-led governance standard that researchers, governments, and increasingly industry are expected to respect as a matter of ethics and reconciliation.

“While not treaty bound, OCAP ® in Canada is a First Nations-led governance standard that researchers, governments, and increasingly, industry are expected to respect as a matter of ethics and reconciliation.”

Probably not a substantial claim: may not pass S2 (checkable).

Operationalizing OCAP's Control and CARE's Responsibility and Ethics requires interlacing Indigenous governance protocols directly into AI development infrastructure through value-based requirements engineering that translates Indigenous values into technical specifications.

“Technologically, operationalizing OCAP ® 's Control and CARE's Responsibility and Ethics requires interlacing Indigenous governance protocols directly into AI development infrastructure through value-based requirements engineering that translates Indigenous values into technical specifications (see more on ethical requirements engineering in AI Guizzardi et al. 2020).”

• cites Guizzardi et al. 2020 sourceNot checked — no full text of the source

Probably not a substantial claim: may not pass S3 (load-bearing).

The shift toward an ABS approach resonates with Varshney's idea of 'decolonial AI alignment', which calls for embedding marginalized ways of knowing into the design of intelligent systems.

“It also resonates with Varshney's (2024) idea of “decolonial AI alignment,” which calls for embedding marginalized ways of knowing into the design of intelligent systems.”

• cites Varshney's (2024)Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.

Classified as probably not a substantial claim.

Control mechanisms can be implemented through layered access rights, enabling different permission levels.

“Control mechanisms can be implemented through layered access rights, enabling different permission levels.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Operationalizing CARE's Collective Benefit with OCAP's Access and Possession principles requires digital infrastructure that maintains Indigenous control over data-derived value streams throughout AI development lifecycles.

“Technologically, operationalizing CARE's Collective Benefit with OCAP ® 's Access and Possession principles requires digital infrastructure that maintains Indigenous control over data-derived value streams throughout AI development lifecycles.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.

These technical implementations transform abstract contractual obligations into executable technical steps that maintain Indigenous authority at the algorithmic level, ensuring that community governance operates through the infrastructure itself rather than merely as external oversight.

“These technical implementations transform abstract contractual obligations into executable technical steps that maintain Indigenous authority at the algorithmic level, ensuring that community governance operates through the infrastructure itself rather than merely as external oversight.”

Probably not a substantial claim: may not pass S4 (based). May combine two claims.

Ethics compliance operates through value-based constraint systems derived from requirements engineering processes that encode Indigenous moral frameworks directly into AI architectures-automatically halting processes that conflict with community values, preventing commercialization of sacred knowledge, or triggering reciprocal benefit-sharing mechanisms.

“Ethics compliance operates through valuebased constraint systems derived from requirements engineering processes that encode Indigenous moral frameworks directly into AI architectures-automatically halting processes that conflict with community values, preventing commercialization of sacred knowledge, or triggering reciprocal benefit-sharing mechanisms.”

Classified as probably not a substantial claim.

Collective Benefit ensures that digital benefit-sharing aligns with the values of the Indigenous communities affected, preventing the reduction of cultural knowledge to mere data inputs for AI profit generation.

“Philosophically, Collective Benefit ensures that digital benefit-sharing aligns with the values of the Indigenous communities affected, preventing the reduction of cultural knowledge to mere data inputs for AI profit generation (Raderschall et al. 2020).”

• cites Raderschall et al. 2020 sourceNot checked — no full text of the source

Classified as probably not a substantial claim.

An Indigenous data trust model flips the current script by placing Indigenous peoples as gatekeepers of their own data rather than passive providers.

“This flips the current script by placing Indigenous peoples as gatekeepers of their own data rather than passive providers.”

Classified as probably not a substantial claim.

OCAP hardens ownership, possession, and ongoing access into local governance procedures.

“OCAP ® hardens ownership, possession, and ongoing access into local governance procedures; CARE makes those procedures accountable to collective benefit and authority to control, not lab preferences.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Possession creates enforceable rights to maintain ongoing ownership of data-derived assets through Indigenous Data Trusts, community-controlled licensing regimes, and data-use taxation systems that capture value from AI applications built on Indigenous digital knowledge.

“Possession creates enforceable rights to maintain ongoing ownership of data-derived assets through Indigenous Data Trusts, community-controlled licensing regimes, and data-use taxation systems that capture value from AI applications built on Indigenous digital knowledge.”

Classified as probably not a substantial claim.

In the suggested braided approach, the control will remain with Indigenous communities.

“However, in our suggested braided approach, the control will remain with Indigenous communities.”

• AssumptionRests on an assumption: While Nagoya establishes community benefit-sharing for biological resources and associated traditional knowledge, if harvested the control over biological material transfers to the holder of the resources.

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Possession preserves the principle that knowledge remains embedded within community relationships and territorial connections, even when generating economic value through AI applications.

“Meanwhile, Possession preserves the principle that knowledge remains embedded within community relationships and territorial connections, even when generating economic value through AI applications.”

Probably not a substantial claim: may not pass S2 (checkable), S4 (based).

Access ensures communities retain legal authority to determine benefit distribution according to Indigenous governance systems, directing returns toward community-defined priorities rather than externally imposed development models.

“Access ensures communities retain legal authority to determine benefit distribution according to Indigenous governance systems, directing returns toward communitydefined priorities rather than externally imposed development models.”

May combine two claims.

Inuit hunters are co-designing sensor routes, annotating satellite images in Inuktitut, and operating local ice-thickness probes.

“Another example is the Inuit hunters are co-designing sensor routes, annotating satellite images in Inuktitut, and operating local ice-thickness probes (SmartICE 2023).”

• cites SmartICE 2023Not matched

  Couldn’t be matched to a paper in Crossref, so it can’t be checked.