Artificial Intelligence: A Legal Overview

  • Subham Kumar Dalara
  • Show Author Details
  • Subham Kumar Dalara

    Student at ICFAI Law School, Hyderabad, India

Abstract

“AI Technology is either the best thing or the worst thing to happen to humanity” These words are quoted by the famous scientist Stephen Hawking and it more or less summarises the whole objective and the overview of Artificial Intelligence. Technology is ever growing since the decades of Albert Einstein and Issac Newton and currently scientists from all around the world are working on the science of Artificial Intelligence. Artificial Intelligence or Machine Learning is slowly entering our lifestyle with the invention of virtual assistants like ‘Alexa’ and ‘Siri’ and rapid inventions of self driven cars. While there is no doubt that such inventions are only making our lives better but with lesser legal regulations on such inventions, it becomes highly dangerous to regulate such activities and is likely to take a drastic turn of events if the regulations aren’t made faster to regulate such AI Technologies. AI is known to be a set of computational technology that is inspired to use the people's nervous system in order to make work easier for humans. But as AI is in a growing stage but making faster progress, It is likely that such AI Technologies are likely to take over the complete control of human nervous systems and that's more likely to create destruction in mankind. While the law is yet to develop fully and it still uses a conventional approach with cases pending in the courtrooms and the regulations are made which generally have tons of loopholes in the system. In such a scenario, it becomes highly challenging to regulate laws for the technology and also regulate such activities which cannot be seen but directly affects the minds of the people. Hence, this article focuses on the development of AI at a rapid rate and the ways it’s affecting our lifestyle through its self-build ecosystem and also shows the ‘Vulnerability’ to understand the critical areas and the risks involved and the efforts that can be made in order to protect human civilisation. While acknowledging the impacts the AI can make to make our lives better and also making efforts in order to save the human rights of the individuals.

Type

Article

Information

International Journal of Law Managment and Humanities,
Volume 4, Issue 2, Page 2420 - 2427

DOI: http://doi.one/10.1732/IJLMH.26529

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution licence (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted re-use, distribution, and reproduction in any medium, provided the original work is properly cited.

Copyright

Copyright © IJLMH 2021

I. Introduction

Artificial Intelligence is held to be the key in today’s world for the development of science and technology and to make human life much more comforting as well as stress free and hence it is also believed that the development of Artificial Intelligence will surely help in the growth of economic standards of the world. Fundamentally, the development of AI is expected to be thought of its own. It is believed to be the machine which can think on its own and produce intelligent behaviour and that would lead to the faster development of the technology.

While all this seems to be interesting as well as soothing to hear about the development of Artificial Intelligence in the world but it also has its own drawbacks which can lead to more drastic situations than what is expected. Artificial Intelligence though can think on their own but they are not acquainted and cannot be acquainted with the social values and the culture of the environment. They seem to develop the ideas on the basis of algorithms which may be theoretically accepted but if comes to practical use, it would create danger for the human civilisation.

II. AI and Law

Currently, both AI and Legal profession is in the development stage. The laws that are present today are enacted in the 80s and 90s and require updates in order to maintain the legal boundaries within its limits and in comparison with Artificial Intelligence which is growing at a rapid rate and is expected to grow two fold in upcoming years. While it is becoming important that AI should be regulated due to increased use of it not only in the scientific world but also by the corporate world and also by the people in the legal profession.

urrently, the attorneys and the lawyers and many legal research students are finding it extremely beneficial that unless like previously they don’t have to toil their heads into various paper journals and books to find cases and appropriate legislation and now just can sit before their devices and find the cases they want for their proceedings or for their research[1]. Not only research but recently the law firms and corporate firms are relying on the AI to draft their agreements and notices and also find out the mistakes on their drafting or in the agreement between the companies which gives them a idea of any kind of threat that could happen before hand and gives them time to change the circumstances and hence such development is massive in the corporate world as it helps towards making a better deals and minimise the losses that could happen due to the not properly framed agreements and documents[2].

III. Legal Challenges of AI

  1. Use of Algorithm coding: One of the major issues with Artificial intelligence is the Algorithm coding that is used to reach into a possible solution. With the use of such coding there is a chance of potential biases that may be preferred by the devices due to the previous details that have been entered into the system[3]. While there are various discussions as to the usage of the AI in the government officials in order to make justice for the people, it is quite evident and a possible scenario that the AI may be biased with its actions and it would be important to note whether such AI technology is treating everyone fairly or not.

And one of the problematic uses of AI technology is the use of such algorithm codings to provide jobs to the best suitable person by going through the coding process which sometimes also creates a lot of issues in finding the right person for the job. Though the devices contains the needs of the company and the qualifications required to get the job but what the algorithm coding is not capable of finding is the zeal and the determination of the person and that is what required the most for a organisation to grow and there have been cases outside India where such selection have come into scanner time and again.

  1. Lack of Transparency: One of the biggest threats or setbacks for the use of AI in various tasks is the lack of transparency. Transparency will be an issue for AI technology because for anything that has to be decided on the basis of such technologies do not have the proper reasoning as to why the thing has been decided and what are the criterias and the parameters that have been undertaken in order to reach a conclusion. Artificial Intelligence is still young and in its development stage and till the time it is not fully developed such issues would come from time to time. And therefore a total trust on the results of the AI technology would be vague and injustice to the work done and such use of technology with no transparency would only lead to the dissatisfaction between the people and that would only lead to the rise of cases in the country rather than ending them[4].
  2. Data Privacy: It is one of the biggest threats to the life of any individual or the company if they are using the AI technology for any of their work or for the development of any particular product. To use the AI technology, often we give our credentials and our personal information to the devices which then uses to show us the better opportunity but recently the cyber crimes have been increasing at a rapid rates and often the hackers try to get such personal information to use for the benefit of their own and also at times there has been claim that such information are sold out to big fishes at higher prices which is a serious breach of our privacy and in such a scenario, if there is no proper legislation in order to control such activities then it could create a much bigger problem in the future.

According to the statistical websites which shows about the number of websites that are using the security levels on the based of AI and it has been shown that around 75% of the websites uses such technology and out of which nearly 25% of such websites do not have a proper security updates and which has higher chances of getting hacked by the hackers. The major problem that stands here is that, most of the professionals that work in the IT sector of such companies and are responsible for handling such security operations aren’t much aware about such coding of the artificial technologies and that creates a problem when the data of the company or the persons involved get leaked into the hands of the cyber criminals[5].

  1. Use of Copyright for the objects prepared by Artificial Intelligence: There are many arts, objects and products and paintings available today that are made exclusively by the use of Artificial Intelligence. Currently, In India we generally give the copyrights to any legal person or natural person and there is no such law which allows the copyright to be granted to such AI technologies and generally the parent company takes the right which is also not an appropriate thing. Hence, there is a need to bring amendments in the existing law in order to accommodate the rules that even the copyright should be issued to the products made by the AI technologies[6].
  2. Can Artificial Intelligence be bound by the contract? : One of the biggest concern today with the development of the Artificial intelligence is that in many progressive countries today, AI technology has developed into the form of humans such as Sophia and they have been granted citizenship and many countries are amending their laws in order to validate the contracts entered by the Artificial Intelligence with that of the humans but in our country we still held that contracts can only be entered by the legal persons and hence the Artificial Intelligence for the time being cannot enter with the contracts in India as that won’t be valid for the time being and hence the need for amendments in the contracts laws of the country is also necessary[7].
  3. Adverse Effects on Workers: This concept may not be viewed as a legal challenge but it possesses one of the biggest threats both to the legal view and to the value to the individuals in the society. Due to increase in the use of AI technology which is providing more accurate datas in a faster rate without the real need of human intervention, many big fishes in order to save the money that they are paying to their employees, they are working on the development of the AI so that they don’t have to pay to the employees and they can decrease the workforce in the company which will one of their biggest benefits and would also save them millions of money but at the same time what’s more terrifying to even think that more and more people would be deprived of jobs even though they may be highly qualified and at the same time many professionals who would have devoted their life and time in making of the company may get fired from their jobs just because the company don’t have to pay anything and can get more accurate work from the use of AI technology.

So, it becomes very important that with the faster development of the AI technology, the governments of different countries especially in India where the craze for AI is increasing two folds in the organisation, the government should make laws as soon as possible in order to protect the jobs of the individuals as well create more jobs for the people in order to deal with the demon of Unemployment[8].

  1. Liability for damages: From whom the damages can be claimed if a person is losing money in the form of trespassing of property or due to some type of contract or due to any kind of tort liability. Such damages can be occured with the invention of driverless cars, Medical negligence due to the dependency on AI technologies etc. So, in order to punish someone, it is important that certain amendments must be brought into the picture as soon as possible. Such civil or criminal liability upon those who may be held liable such as the owner of such products and most importantly the company that is behind such products would work more diligently and keep on sending updates as well try to make their products better in order to save themselves from the punishment from the state as well as the owner of such technologies would also be mindful of such activities[9].
  1. Human Rights getting affected: This is one of the most important scenarios that needs to be looked upon. Human rights is a very important factor as it safeguards the life and personal liberty of an individual and there are high chances that with the growth of AI technologies, the human rights of the individuals may get compromised. Their private datas may be leaked, they could be subject to biases due to incorrect opinion is feed in the devices or they could be wrongfully terminated from the companies and all this comes under the rights of an human being which gets violated due to the development of the AI technology and in such scenarios, it’s important for the countries to think and revamp their laws in order to safeguards the human rights of their individuals as that should be in the utmost priority and not only in the national laws rather the International laws should also be updated and modified time to time by the United nations so that with the increase of use of technology they could still safeguard the rights of the people[10].
  2. Security System of the countries: Currently, in many developed countries and also in the developing countries, there have been a lot of efforts taken regarding the improvement of the security system of the country. And in such efforts, Use of Artificial intelligence plays a huge role. It is believed that with the use of AI technology the security levels in the country will be two fold and there is no doubt that with the effective use of Artificial Intelligence the security levels in the country can be increased.

While that is the case for the security levels, we also can not rule out the fact that at the same time, there is a chance such Artificial intelligence instead increasing the security levels of the country, they might lose out or they may start malfunctioning which will rather make things more worse than anybody can think of. Many a times, the hackers may also hack into the security levels of the country and that might affect the whole population living in that country or the AI may start malfunctioning with the security systems of the country and in such a scenario, it becomes very important that the talented individuals are keeping a watch on it everytime and try to make things better for the country. And also it involves a lot of legal factors too, there should be proper laws in order to punish those who are doing such activities who are trying to hack the security surveillance of the country so that such things can be handled before and the security of the country is not at stake.

IV. Suggestions:

  1. Effective and Strong Contract drafting: It is true that India is in its growing stage of AI. but it is not too far from being the one of the most users of AI technology in the future. The private companies and also the PSU have already started looking after the development of the AI technology so that the contracts can be made with minimal loopholes and in such cases, it becomes very important to bring laws and also amend our previous laws in order to validate such contracts.
  2. IT Laws need to be revamped: With the development of the technology and new developments are coming at a rapid rate, it becomes important that India should forward to make effective IT laws which would keep a track on such developments and also there would be lesser misuse of such technologies. The IT laws need to be more strict in its approach so that the people using it would use it effectively rather than causing any kind of harm in the society.

IT act should also focus on the protection of data privacy as that is one of the most important currently. As more and more individuals store their data in their devices, it becomes very important that those data are safe and are not misused later.

  1. Safety Approach with Human Consideration: There us no doubt that AI is the new future and it is only likely to grow but it has to be also been seen that, soon the human intervention would be totally scrapped which is really gonna cause trouble for the entire mankind and hence becomes necessary that, things need to be going with slow changes so that every human gets acquainted with it and along with that Human intervention has to be there because, then the unemployment issue will rise and not only that there would be no check on AI and that may create unforeseen problems in the future and hence it becomes necessary that however they may grow, the human should always be on the top to handle their activities.
  2. Change Required in the Laws of the country: Not only the change is required in the IT laws of the country but also required in other laws of the country such as IPR so that even the AI can be given copyrights for the work that they have created. The laws of the country need to be amended keeping in mind that the technology sector is developing at a rapid rate and these old laws would not be enough to keep a check on such activities and hence the faster the technology progresses, it is important that the laws of the country get amended as soon as possible.

V. Conclusion

Artificial Intelligence is the growing technology in the world and with the natural resources vanishing day to day, the necessities also lie that the AI should develop so that the human civilisation continues for longer years. But with the development of Artificial intelligence, it is also important to note that the problems and the over dependence on technology might also lead to the end of human civilization and hence it is highly required that the proper laws should be made in order to regulate the development of the technology.

It is also very pertinent to note that there are many of those who also want to use the technology solely for their benefit and they do not care the harm they could cause to the society and hence in such scenarios too it is very important that these people needs to be regulated by having proper punishment system so as to stop them from doing any such activity.

There is no doubt that the Artificial intelligence is the future for many countries and especially for India but in order to make it more successful, we need to have proper laws and that can only be achieved when there are reports and discussions on such topics and also these becoming one of the growing topic, it would be more beneficial if the students are involved in such discussion and there are also made aware of such careers so that we can have more and more professionals in this field in the future and hence we can stay in a future world in a more secure way.

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[1]Pallavi Gupta, Artificial Intelligence: Legal Challenge in India, Researchgate.net , Vol 3 Issue 1(accessed on 26th February 2021) https://www.researchgate.net/publication/335967041_Artificial_Intelligence_Legal_Chall enge_in_India

[2]Ibid

[3] Harry Surden, Artificial Intelligence and law: An overview, University of colorado law school (accessed on 26th February 2021) https://core.ac.uk/download/pdf/228315501.pdf

[4] Rowena Rodrigues, Legal and human rights issues of AI: Gaps, challenges and vulnerabilities, Vol.4, Journal of Responsible technology (2020), https://www.sciencedirect.com/science/article/pii/S2666659620300056 (accesse d on 26th February 2021).

[5]Identity Management Institute, https://www.identitymanagementinstitute.org/artificial-intelligence-threats-and-security-issues/ (accessed on 26th February 2021)

[6]Pallavi Gupta, Artificial Intelligence: Legal Challenge in India, Researchgate.net , Vol 3 Issue 1(accessed on 26th February 2021) https://www.researchgate.net/publication/335967041_Artificial_Intelligence_Legal_Chall enge_in_India

[7] Ibid

[8] Rowena Rodrigues, Legal and human rights issues of AI: Gaps, challenges and vulnerabilities, Vol.4, Journal of Responsible technology (2020), https://www.sciencedirect.com/science/article/pii/S2666659620300056 (accesse d on 26th February 2021).

[9] Ibid

[10] Ibid

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