Author : Lavanya Rai, Student at ICFAI Law School, Hyderabad
Co-Author : Manjushree Pattanayak, Student at ICFAI Law School, Hyderabad
Much has been learned about Artificial Intelligence ( AI) and Law recently. Yet what is AI, and what is their contribution to the law practice and administration? This article addresses those issues by providing a high-level overview of AI and its legal use. The aim of the discussion is to be convoluted but understandable for those with no technical background.
To that end, I generally talk about AI-first. Then I turn to AI and what are the goals of AI and then law-governing individuals and companies, and law-administering government officials. A key motivation in writing this article is to provide a realistic, demystified view of AI, rooted in the technology’s actual capabilities. It is meant to contrast with discussions on AI and law which are distinctly futuristic in nature.
- Artificial Intelligence
What is Artificial Intelligence?
Alan Turing proposed a test known as the Turing test, which in the year 1950 was also known as the intelligent machine. The intelligent machine is essentially how a machine can think and speak while a human speaker is unable to communicate. The USA held a conference at Dartmouth University on the design of an intelligent computer. Professor John Mc Carthy coined the term Artificial Intelligence and is now regarded as Artificial Intelligence’s creator and father.
According to Professor Artificial Intelligence, particularly computer programming makes the intelligent machine out of engineering and science.
The definition can differ from a textbook which divides the definition into two parts:
- Computer Intelligence:- The practice is used for the production of machine intelligence.
- Intelligence Quality:- Gives authority to foresight and function appropriately in its setting.
The definition varies from 4 solutions to the 2×2 matrix that are:
- Rationally behaving and humanly thinking.
- To think rationally, and to think humanely.
Artificial Intelligence is characterized as an interdisciplinary field that deals with a system and model that helps in the functioning of an environment linked to human intelligence such as learning and reasoning. That is specified in the technical standard according to the International Organization for Standardization (IOS).
Artificial Intelligence is described, according to the book “The Future Computer, ” “set of computer to perceive, learn, reason and assist in decision making to solve the problem in the way that is similar to what people do.”
The Artificial Intelligence Goal:
Nowadays the Artificial Intelligence’s impact and range have expanded enormously, it’s field has conquered the capital market as it occupies a huge share of popular imagination and business. Artificial Intelligence has emerged as a key driver for the 4th Industrial Revolution.
Using artificial intelligence is aimed at defending networks against frequency-growing attacks as legal security and technologies have less effectiveness against new attacks. Attacks such as WannaCry and Not Petya can come back and revive with worse behaviour, raising the need for automated security. It is not possible to protect against attackers operating at the speed of machines if anyone can only battle them at human timing and human capabilities.
Despite these increasingly sophisticated risks, modern artificial intelligence with legacy signature-based technologies aims to solve the technical challenges. It’s no surprise that critics create their own artificial intelligence techniques.
Artificial adversarial intelligence is often utilized in two scenarios:
(1). Use defensive AI techniques which identify and exploit weaknesses or blind spots.
(2). The use of AI in offensive cyber operations. The second aspect will be focused upon in the present article.
For all of this, developers of defensive AI solution need to be especially aware of failure modes in their approaches, such as catastrophic failures due to homogeneous training sets or simply because a large number of states where many pedestrian attacks go beyond the approaches to machine learning, that is because most of them are merely statistical estimators of a task, which is not difficult.
Artificial Intelligence has advanced after 50 years of Dartmouth conference without interruption and improvement of the creation of the software advancing device (GPU). Artificial Intelligence is rising from the cloud and has nowadays progressed rapidly.
The AI mechanism usually operates between computers. It communicates with the person just like a human being, AI starts to understand speech through hearing and listening, recognizes a picture by seeing, speaking and interacting by memory storage recognition of language and memory, and infer the meaning of context by purpose, and this is all possible for numerical language programming.
Most companies that have started and used AI in their company will be using it proactively in the coming month. The market benefit that will emerge from AI in the year 3027 is expected to be increased by 70 per cent, in 2018 it had 1.2 tn, and in 2020 it will be 3.9 tn. Business use of AI can be useful in the field such as cost savings, customer service, new revenues. This also promotes performance, auto-tasks and enhances decision making.
Legal and regulatory policy considerations:-
The starting point for the study is to establish data and software from the AI standard. In essence, AI is all about data and software used to allow something to be learned on its own.
Issues which distinguish AI from conventional creation of software:-
- Implementing software and algorithm rules (a set of rules to solve the problem) may be dynamic in itself and change with the learning of machines.
- The data collection that Artificial Intelligence uses. (which is known mainly as big data)
- Operational input data and training monitoring.
- The data concerning the production.
- PC-processed results.
As per policy:-
To control the growing industry we need appropriate regulation, that is because the utility and application of AI are growing day after day. And now the government needs to come out in that regard with detailed legislation. For an older generation of machines, the effect of society and scale on Artificial Intelligence is different.
Having a leading government, stakeholder, and organization is essential to eloquent AI ethics and values such as health, reliability, security and the policies that they use in all artificial intelligence. When the AI rating increases every day to meet the latest requirement area, such as negligence, data security, intellectual property, business and health needs to evolve.
The underlying problem with controlling AI and providing a legal structure lies in the essence of artificial intelligence. This is due to the uncertainty accepted in describing the Intelligent definition. Artificial Intelligence is composed of the components of hardware and software. And it refers to the one-machine-related system which is a collection of components hosting artificial intelligence, a system running on a network computer.
When we consider the legal point of view, artificial intelligence is considered a product of artistic development and protected under the copyright and intellectual property legislation. Under any unique condition, it may also patent the software. Nonetheless, software patent can be infringed as a result of constant creation and the customer is likely to exploit it.
APPLICATION OF AI IN THE LEGAL SECTOR
We may assume that Artificial Intelligence can be a valuable tool in the field of legal and legal service. Within artificial intelligence there is a subfield called “Artificial Intelligence and Law” and it essentially focuses on applying the information to AI to solve the problem and helps address legal problems. In the field of legal science, it is a general term that refers to the established rationale of the response, which may be useful for legal reasoning.
Which solution should be found during the trial, for example, or to what degree an individual should pay tax. It can also be helpful in locating the database in the legal document, recognizing specific case laws, summing up the case, updating the legal process etc.
This program is called a framework based on knowledge. Similar to this kind of expert there are five groups and they are:-
1.Diagnostics device (provides a specific solution).
2.Planning method (recommendation and achievement of the desired goal).
3.Procedural Guidance (aid in the dynamic legal process).
4.Smart checklist (assign enforcement to the criteria laid down by law).
5.Document modelling framework (create an automated document out of a predefined template base).
Therefore, the device is able to answer the question in a natural language. Legal reasoning is related to legal knowledge and its evaluation, but it has been found in the field of law that it is too difficult to apply AI. Law is not like an area of science with unchangeable law. Interacting and generating relative value required a balance. Developing some basic resources is important in order to face the challenges of coping with the complexities that occur in natural language. For example, to assist the lawyer with the art number of technology in their job, finding problem clues in contract or preparing a winning strategy in intellectual property.
AI is now being used in online transactions for the purpose of resolving the conflict to settle the dispute between the two parties entering into a contract with eBay. However, AI can be beneficial in the future not only to assistant judge in decision-making considerations but also to substitute them, but only in such limited cases. In order to minimize their number, it is not only helpful in identifying a large volume of evidence data, but also in deciding which crime would provide the best opportunity to recover in a forensic sample.
AI will help Robert upholds the law and that one day becomes a part of the police force. As the 2020 Indian Arm Forces record, AI was introduced as a soldier. A lot of precious life has been martial in the border region because of a war between two nations, using the AI will save precious lives.
The Indian Army used the AI in their divisions in that definition-
Few recent trends:-
- Police from Kerala suggested a robot to work for the police.
- Robert theme restaurant at Chennai.
- Telerobotic coronary operation at Ahmedabad.
WHAT DOES INDIA NEED
Adopted by many countries around the world to control the usefulness of AI. With the emerging utility of AI in various countries around the world, legal structures and regulations have recently begun to be constructed with artificial intelligence.
Traffic control:-90% of death occurs due to human error, and in essence, they are highly preventable, it has a significant function which is self-vehicles that rely on AI and can reduce this number through preventive and defensive technology.
Furthermore, the difficulties in the medical sector involve:- Predicting and evaluating legal problems would be the main challenge. Let’s take an autonomous car as an example. If this sort of car uses AI if claims that it comes up with an accident so who is left responsible. The supplier should be held responsible for the incident much of the time but there is a chance of human error as well.
PROTECTION AND ARTIFICIAL INTELLIGENCE
According to GDPR(General Data Protection Regulation):- the GDPR came into being on 25 May 2018 and it refers to personal data used in artificial intelligence. According to the commission, the use of big data clearly implies data security, privacy and the associative rights of the citizen. Strengthen the privileges provided when the GDPR is enforced.
The GDPR regulations refer to the collection and processing of personal information. To be simpler and more open, more transparency needs to be provided to the company to determine the reason that they are doing with personal data. There is also no specific distinction between AI, computer data and major science.
- Intellectual Property and Artificial Intelligence:-
AI will offer a particular impetus to the advancement of intellectual property rights legislation. Deep neural network and AI algorithm will initiate to allow the machine to produce new work and discover a new way of doing things.
- In 1957 Copy Right Act:-
Under copyright section 2(o), the object code and the source code are both protected as literary work. In the case of AI, the creator is the developer and is considered the owner of the application except that the creator produces the application of AI in the capacity of an employee during the jobs.
- In Patent Act 1970:-
Pursuant to section 3(k) of the Patent Act, computer programs can not be patentable. AI systems can only be patented if they are related to new technology and the hardware should be in line. Therefore the hardware with the software is proven to be a critical component of the innovation. Subsequently, the patent may be issued under section 3(k) of the Patent Act after review and raised opposition. Google LLC lodged an application for a patent under the Patent Act for a moment. In response to the case, it was shown that the argument made was relevant to a computer system rather than a computer programme and that the technological effort was improved.
- Under Trade Mark Terms:-
In India, the concept, design and construction can be covered under the trademark with the aid of contract under the law of tort. The authority only survives the copyright if the owner is a human individual. The method used to render intellectual property is known only if it is an artificial entity, and is therefore not known to be the creator. AI technologies are used to render information dependent on IP.
- Governing Committee Categories:-
Use the board of directors to separate the trend from confusion using machine learning AI software. This is divided into two parts:-
- Personal Data:-It is protected under the right to life which is the fundamental right granted by the Indian Constitution, 1949 and also by the IT Act 2000 provision.
- Data other than Personal Data:-Government does not offer clear regulations for this. In the case of Justice KS Puttaswamy org v. Union of India, however, the Supreme Court had treated the right to privacy as other fundamental rights. An individual is the owner of an individual’s personal data and this is considered to be the right to privacy. The Copyright Act can protect the definition and unidentified data.
THE LEGALITY OF AI
First, we need a legal meaning of AI. Likewise, given the significance of expectation in India’s criminal law statute, it is basic to set up the lawful character of AI (which implies AI will have a heap of rights and commitments), and whether such a goal can be credited to it. To respond to the inquiry on obligation, since AI is viewed as lifeless, a severe risk conspire that holds the maker or producer of the item at risk for hurt, paying little heed to the issue, maybe a way to deal with considering. Since security is a key right, certain guidelines to control the information controlled by an AI substance ought to be surrounded as a major aspect of the Personal Data Protection Bill, 2018.
Car crashes lead to around 400 passings per day in India, 90% of which are brought about by preventable human blunders. Independent vehicles that depend on AI can decrease this all together, through savvy alerts and preventive and cautious procedures. Patients in some amazing to non-accessibility of particular specialists. Computer-based intelligence can diminish the separation among patients and specialists. Be that as it may, as futurist Gray Scott says, “The genuine inquiry is, when will we draft a man-made brainpower bill of rights? What will that comprise of? What’s more, who will get the chance to conclude that?”
Artificial Intelligence is the mixture of studying large machines with a limited database and some other sources. With the increasing development of AI application, it can have an impact on the industry, households, hospital education, government sector, and some example where AI has its impact on the business sector, from construction to the legal sector, from heat to auto-engine. AI has challenged the legal standpoint for a long time.
Regulatory and policymakers are tussling over AI’s connection with law and policy, and the legal framework’s significance. To have AI and its effective management lawyers need to carry out advances in the area of data governance and policymaking. It should have a description with established legal personalities and scheme to take into consideration the liability. Privacy concerns need to be discussed and should form part of the 2018 personal data bill. This is the priority that should be considered in order to construct Artificial Intelligence a legal framework.