Artificial Intelligence and Its First Legal Framework
What is AI?
Artificial intelligence is the simulation of human intelligence performed by
machines like computer systems.
Artificial Intelligence has transformed our ordinary lives in ways we might not
have imagined a few years ago. Transportation, healthcare, retail, and media are
some of the fields where AI has been taking tremendous strides. The
recommendation systems on our favorite streaming service, the chatbots for
customer service, and even the smart assistants in our homes are all powered by
AI. AI has benefitted many businesses by increasing efficiency and saving time.
On the contrary, it also raises some serious concerns that should be addressed.
For example, The AI system runs on a self-training module that puts questions in
our minds such as, are these systems safe for children? What about the privacy
issues? Will it be safe to use AI for personal use? These concerns highlight the
need to develop and implement a robust legal framework to govern the use of AI
technology. The states require laws that guide ethical development, supporting
both users and creators. There needs to be a balance between encouraging
innovation while safeguarding the interest of use users and creators.
The European Union became the first country to address the concerns regarding AI
Technology. They passed the first regulation on AI, known as the Artificial
Intelligence Act in March 2024. The AI Act is a benchmark set by the EU for
other countries. A legal framework at a global and national level can ensure
international cooperation. It can also ensure harmony between tech giants for
the sharing and usage of AI technologies.
Levels of Artificial Intelligence
AI can be broadly categorized into three levels;
Weak AI: It is designed to retain things, comprehend things, and remedy
simple problems
Strong AI: Bears the ability to learn and apply knowledge to a different
range of tasks, similar to human intelligence.
Superintelligent AI: This is the most recent development in the field of
AI which Surpasses human intelligence across all fields. It can perform tasks
that are impossible for a human to perform.
Need Global Codification of AI Laws
AI technologies must be developed to provide the right value system that
protects humans from any kind of AI-related harm. Global codification ensures a
unified approach to preventing abuse, bias, and discrimination in AI systems.
AI systems have become more autonomous in their functioning leading to greater
risk of harm. A global legal framework can establish safety standards to
mitigate risks associated with AI, such as cyber-attacks.
A legal framework for AI can help in establishing defined rules for liability
and accountability is essential for addressing issues when AI systems fail.
Punishment and penalties need to be established. A global legal framework can
provide accountability across different jurisdictions just like any other crime
or wrong. International cooperation for the implementation and integration of AI
technologies across the globe will result in an equitable legal landscape.
AI regulations will lead to better coordination between countries regarding the
usage of AI.
AI in the legal field
AI technology has made strides in the field of law. The High Court of Manipur
used ChatGPT to conduct legal research and pass an order. There have been many
instances where judges have sought the help of the AI system in a court of law.
Some of the ways in which AI helps lawyers are:
Document Review and Analysis:
AI tools can analyze documents of large volume identifying relevant information
that a lawyer seeks. It can help track crucial details in a case file. AI can
carefully go through emails, contracts, and other documents to extract essential
information for a case. AI can help in reviewing a document for potential
discrepancies.
Legal Research:
AI-powered research platforms provide lawyers with precise and relevant case
law, statutes, and legal precedents. These tools use natural language processing
to adequately understand and respond to complex legal queries, saving lawyers
time and progressively improving the accuracy of their legal research. Some of
the AI tools for lawyers are Casetext, Clio, and Lex Machina
Predictive Analytics:
AI can analyze historical data to reliably predict the likely outcomes of legal
cases. This helps lawyers adequately assess the strengths and weaknesses of a
case, aiding in strategy formulation and ethical decision-making. For instance,
AI can predict the likelihood of winning a case or the potential settlement
amount based on previous similar cases.
Contract Management:
AI systems can automate the creation, review, and management of contracts. It
can also Identify and extract key terms and clauses and ensure compliance with
regulatory requirements.
Automation of Routine Tasks:
AI can adequately handle many routine administrative tasks, such as Scheduling
and calendar management. It can also perform Billing and time tracking. AI can
establish effective Client communication and follow-ups
The Artificial Intelligence Act by EU
The European Union has introduced a significant Artificial Intelligence (AI) Act
in the parliament this year, after getting approval from most of the EU member
states. The Act Aims to develop a distinctive approach on the misuse of AI
technology in the future. The AI act was initially suggested by the European
Commission in the year 2021.
The act went through critical scrutiny by all the member states. Experts
committees were constituted for the implementation of the AI act across Europe
because of the growing threat of spreading inaccurate information, copyright
issues, and deepfake videos. Such acts have made it evident that AI needs to be
regulated and codified. The use of online AI Trained Models like ChatGpt has
grown enormously in the field of technology.
Mathieu Michel, speaking comprehensively on the act has highlighted its focus on
tackling major issues and ensuring fair advantages for all. Crucial aspects
include trust, transparency, and upholding ethical standards in AI operations.
The AI Act enforces strict rules on high-risk AI applications but allows more
flexibility for standard practices unless they present significant dangers.
Moreover, there are strict bans on public surveillance, except for cases related
to counterterrorism or major criminal investigations. This legal framework of
Artificial Intelligence extends beyond the EU, It equally applies to any foreign
organization or country that utilizes EU data.
The other countries will draw inspiration from the first legislation on
artificial intelligence. It is an encouraging message to the countries to
develop their own rules and regulations regarding AI protection. Enforcement of
the rules in the AI Act will be gradual, The initial steps additionally include
prohibiting practices like social scoring and unnecessary facial recognition.
Implementation
AI will come into force twenty days after its publication in the official
European Union Journal. The act will be completely pertinent after 24 months.
However, there are some different deadlines given in the act for different
purposes. bans on prohibited practices, which will apply six months after the
act comes into force. The code of practice known as the General Purpose AI (GPAI)
to be finalised within nine months. General-purpose AI rules will be implemented
within 12 months, and high-risk frameworks will be implemented within 36 months.
Fine and punishment
The fine imposed for violations related to prohibited systems of up to
€35,000,00 or 7% of worldwide annual turnover for the preceding financial year,
whichever is higher. The fine for AI operators for providing incorrect,
incomplete, or misleading information is up to €7,500,000 or 1% of the combined
worldwide annual turnover for the preceding financial year, whichever is higher.
Conclusion
AI is beneficial in many fields, however, it cannot be disregarded that
overpowering AI can cause problems for society. It is important to strike a
balance between the development of AI technologies and safeguarding the interest
of human life. The government needs to address the issue and establish a solid
legal framework governing the use of AI in our daily lives. The EU AI Act aims
to mitigate the risks that come with AI technology. It also aims to balance
innovation with the protection of fundamental rights and safety. This
legislation is poised to shape the future of AI regulation not only within
Europe but also globally, setting a benchmark for other regions to follow.
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