By Martha Onate Inaingo
Published on: 24 September 2023 at 15:33 IST
There is a surge in the progress, acceptance and use of Artificial Intelligence (AI) all over the world. AI has influenced every ramification of modern life, from music and media, to business and productivity, even dating; thereby changing the way people interact with one another, how people live, work and do business etc.
AI has been in existence since the 1950s but has rapidly advanced in this new age to support human activities by being fast at performing tasks giving to it. thus, it is more exciting and accepted to be utilized in different fields, careers, sectors and governments; in the health sector it is used for accurate diagnosis of any disease, conduct surgery with precision etc., while in the education sector it is used to enable personalized learning experience.
Examples of AIs that are mostly used and applied in everyday life are chatbots, virtual assistant, self-driving cars, Chat GPT, navigation systems, etc.
This article intends to probe into the effect of AI and the possible challenges that accompanies it by answering the following questions: Is there any consequence to AI? Are the consequences more of negative than positive? If yes, can they be prevented, regulated or prohibited? What are the legal implications of AI? What are the legal challenges in the regulation of AI?
What is AI?
The most basic definition of Artificial Intelligence (AI) is that, it is a machine designed to carry out tasks by mimicking human intelligence.[1] AI, also called machine learning, is a kind of software system based on neural networks, a technique that was actually pioneered decades ago but very recently has blossomed.[2]
Artificial Intelligence means the creation and development of various computer systems, capable of performing tasks which would have to be performed by human intelligence. This means that through AI, science was able to ensure the elimination of mechanical processes through a “non-human” intelligence.[3]
The New Age of Artificial Intelligence
AI has enabled effective voice and image recognition, as well as the ability to generate synthetic imagery and speech, it also has the capacity to effectively process large amounts of data and execute complex algorithms. It is applied everywhere and can be used to recommend movies and restaurant choices, prevent cars from crashing, book flights, track taxis, identify financial fraud and create playlists for work out.[4]
AI made it possible for machines to learn from experience, adapt to new inputs, and perform human-like tasks.[5] From economics and law to technical terms, science has made it possible for AI to be placed in the function of each field in order to perform multiple tasks. Such AI programming system represents levels of intelligence that have advanced by surpassing the human intellect.[6]
AI systems are now used for global security as they are applied by the military for variety of military applications like intelligence gathering, target identification, tracking, and logistics in order to quickly and accurately process enormous amounts of data and conduct activities like target recognition, intelligence gathering, and self-decision-making.[7]
Using AI in combat has raised questions and concern regarding the potential for AI to be employed for evil intent such as the creation of autonomous weapon systems or cyber-attacks. Several other issues have been identified from the use of AI, including the legal challenges which would be explored in the next section of this article.
Legal Challenges of Artificial Intelligence
Law is used as an instrument of control to regulate the conduct of people and their activities. Everything in this modern time is defined by law and confined to regulations which are enforceable upon any breach. It is not certain whether AI is conceived as an object or subject of law, however it is regulated by law.
The legal regulation of Artificial Intelligence involves the creation of policies or legal acts which define concrete rules on the way of functioning, application and protection of AI. The need for legal regulation of AI, in addition to the great development that this field has encountered, is also related to the need to control the consequences that this development can produce.[8]
Some of the key legal implications and challenges associated with AI technology are as follows:
- Legal Personality
AI can not be categorized as a person within the meaning of the law. It is true that the creations of AI are new to our legal system and has never encountered before, they are neither property nor people.[9] However, there are debates and controversial arguments as to the legal personality of AI.
According to Section 11 of the Indian Penal Code the word ‘person’ includes “any company or association, or body of persons, whether incorporated or not.”
In the context of the law, natural or legal persons can be evaluated in relation to rights, obligations and responsibilities. holders of this personality must meet the evaluation criteria. If AI is recognized to have full legal personality the implication is that it can exercise ownership, enter into contracts, hold bank accounts, conduct legal proceedings or create, possess, purchase and sell intellectual property. The question that follows is whether AI has rights, obligations and responsibilities?
- Liability
AI is developed to be autonomous, unpredictable and proactive and this makes them different from other machines that operate only based on the command of an operator. Thus, the issue of whether or not AI can be criminally or tortuously liable before the law has raised a great deal of debate. Under Criminal law, the Actus reus and mens rea must be proven.
Among the legal arguments against the legal personality of Artificial Intelligence was the “inability” of AI to respond criminally before the law. But, in the case of Artificial Intelligence, even when the fact that an illegal action has been committed by the intelligence systems is proven, how does the latter stand in front of the definition of criminal responsibility?
Since the AI lacks legal personality, there is the challenge of liability, whether it is the user or manufacturer of the machine that should bear liability. For instance, where AI commits a mistake during surgery, who would be responsible for the liability of negligence? Is it the hospital or the developers?
This goes completely against the neighbour Principle established by Lord Atkins in the landmark case of Donoghue V. Stevenson,[11] where he stated thus:
“You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them”
Not only did this case establish the liability of manufacturers to consumers with whom they did not have a direct contractual relationship, but also the now established principle that forms the basis of negligence. It is therefore important to identity the actors involved in the decision-making and creation of the AI to impose vicarious liability on him.
- Intellectual Property (IP)
One of the most significant legal implications of AI is intellectual property. AI technology can be used to generate creative works, such as music, art, and writing, which raises questions about who owns the copyright to these works.
The Voice.ai enables a person to use any sound whether copyright or not which could amount to a breach of IP. Similarly where a design, music, literary work, art, or cinematography is generated to an individual, the question of ownership of the rights over the work is a debate.
In some cases, the copyright may belong to the person or organization that created the AI system, while in other cases, the copyright may belong to the person or organization that provided the data or training that the AI system used to generate the work.[15]
AI can potentially infringe on intellectual property rights (IPR) in various ways, and some of these infringing activities can occur in parallel with traditional IP infringement methods.
To combat AI-driven IP infringement, individuals, organizations, and authorities need to stay vigilant, use AI for content detection and enforcement, and adapt legal frameworks to address these evolving challenges. Additionally, responsible AI development and usage practices should be encouraged to ensure that AI technologies respect intellectual property rights and ethical standards.
- AI Deep fake scam
An “AI deep fake scam” typically refers to a fraudulent or deceptive use of deep learning and artificial intelligence (AI) technologies to create convincing fake content, often in the form of videos, audio recordings, or images.
These scams can take various forms, and they usually involve manipulating digital media to deceive or defraud individuals or organizations. Here are some common examples of AI deep fake scams:
- Data Protection
AI technology often relies on large amounts of data to function effectively, which raises concerns about privacy and data protection. For example, AI systems may collect and analyze personal data, such as biometric information or internet browsing history, which could be used for nefarious purposes if not properly protected. As a result, there are several laws and regulations in place around the world to protect personal data, such as the General Data Protection Regulation (GDPR) in the European Union, the California Consumer Privacy Act (CCPA) in the United States, [16] the Nigeria Data Protection Act 2023, and Digital Personal Data Protection Act, 2023 in India.
The Court of Justice of the European Union decided that personal and sensitive information of individuals should be deleted from their search engines.[17] While this ruling is only applicable in Europe, the defense raised by Google that the search engines work autonomously raises a big concern on the issue of privacy and data protection whether AI complies with data protection policies, regulations and laws.
- International Governance
The application of AI is borderless like the cyberspace and thus its regulation is trans-boundary. Governments and International organizations must take into account the potential consequences of this technology and establish suitable rules and regulations to govern its use.
International security could be affected by the use of AI in warfare, which has the potential to fundamentally alter how wars are fought. Lethal autonomous weapon systems that could decide when to use force without human intervention could be developed and deployed using AI, which raises serious safety concerns. The loss of human control over the use of force that could result from this could have terrible repercussions.
Another concern is the potential for AI to be used to disrupt or hack into military systems, potentially causing confusion and chaos on the battlefield. The risks and moral ramifications of AI in military settings must be carefully considered by policymakers, who should also work to create global standards and regulations that will control its application.
Even though AI is currently trending in a positive direction, there are worries about what this technology will mean for society in the future. As a matter of fact these concerns are already manifesting. In South Africa there was a case of wrong citations and reference on briefs prepared by ChatGPT which incurred punitive costs on the client whose lawyer made the mistake..[18]
Conclusion
AI is a rapidly developing technology that has the potential to influence and change how people work, live, and interact with one another. Although, in this new age there are many positive trends in AI, there are also many serious worries about the implications of this technology in the future, the legal framework regulating it and the international overview of it, as it gains global recognition and acceptance.
Some of the concerns and legal challenges regarding AI’s are potential ethical ramifications while others are legal implications. For instance, AI algorithms could produce unfair outcomes if they were biased or discriminatory, invasion of privacy, tracking of people, and behavior manipulation are all risks associated with AI. As the trend continues to grow, law also develops to regulate it, however not with challenges.
Also Read:The Rising Threat: AI Deepfake Scams and Their Hidden Dangers – Law Insider India
References
- Ayara J., ‘Laws Regulating Intellectual Property In Nigeria,’ Lawpavilion- Nigeria (March 14, 2023) available at, https://lawpavilion.com/blog/laws-regulating-intellectual-property-in-nigeria/#:~:text=Presently%20in%20Nigeria%2C%20there%20are,the%20Federation%20of%20Nigeria%202004, accessed September 21, 2023.
- Ali N., ‘In The Age of Artificial Intelligence,’ available at, https://www.google.com/amp/s/moderndiplomacy.eu/2023/03/11/in-the-age-of-artificial-intelligence/amp/, accessed September 22, 2023.
- Bartram R., Lazarte M., Lockett K., and Naden C., ‘The age of Artificial Intelligence, ISOFocus_137, November-December 2019 – ISSN 2226-1095, available at, https://www.iso.org/isofocus_137.html, accessed September 21, 2023.
- Mecaj, S. E., Artificial Intelligence And Legal Challenges, Revista Opinião Jurídica, vol. 20, no. 34, pp. 180-196, 2022, Centro Universitário Christus. https://www.redalyc.org/journal/6338/633875004009/html/, accessed September 21, 2023.
Nadir Ali, ‘In The Age of Artificial Intelligence,’ Modern Diplomacy- Europe, (March 11, 2023) available at, https://www.google.com/amp/s/moderndiplomacy.eu/2023/03/11/in-the-age-of-artificial-intelligence/amp/ ↑
- Devin Coldewey, ‘Age of AI: Everything you need to know about artificial intelligence,’ Techcrunch, (August 4, 2023) available at, https://www.google.com/amp/s/techcrunch.com/2023/08/04/age-of-ai-everything-you-need-to-know-about-artificial-intelligence/amp/?bshm=rime/2, accessed September 21, 2023. ↑
- Stela Enver Mecaj, ‘Artificial Intelligence And Legal Challenges, Revista Opinião Jurídica,’ (2022) vol. 20, no. 34, pp. 180-196, Centro Universitário Christus, available at, . https://www.redalyc.org/journal/6338/633875004009/html/, accessed September 22, 2023. ↑
- R. Bartram, M. Lazarte, K. Lockett, and C. Naden, ‘The age of Artificial Intelligence, ISOFocus_137, November-December 2019 – ISSN 2226-1095, https://www.iso.org/isofocus_137.html, ↑
- SAS. ‘Artificial intelligence: what it is and why it matters,’ available at, https://www.sas.com/en_us/insights/analytics/what-is-artificial-intelligence.html, accessed September 21, 2023. ↑
- Max Tegmark, ‘Benefits & risks of artificial intelligence,’ available at, https://futureoflife.org/background/benefits-risks-of-artificial-intelligence/, accessed September 22, 2023. ↑
- Nadir Ali (n i) ↑
- Stela Never Mecai (n III) ↑
- M. Imran, ‘Gradient Descent Optimizer – Regression Made Easy Using Tensor Flow,’ (2020) available at, https://www.folio3.ai/author/mohammad-imran/page/4/, accessed September 21 2023. ↑
[2001] 8 NWLR (PT. 715) PG. 436, available at https://www.linkedin.com/pulse/actions-instituted-against-non-juristic-persons-misnomer-makana-nria, accessed September 22, 2023. ↑
- (1932) House of Lords, available at https://professionalnegligenceclaimsolicitors.co.uk/duty-of-care-key-tort-law-judgment-donoghue/, accessed September 22, 2023. ↑
- Chapter C28 Laws of the Federation of Nigeria 2004, available at https://lawpavilion.com/blog/laws-regulating-intellectual-property-in-nigeria/#:~:text=Presently%20in%20Nigeria%2C%20there%20are,the%20Federation%20of%20Nigeria%202004, accessed September 22, 2023. ↑
- Chapter T13 Laws of the Federation of Nigeria 2004, available at https://lawpavilion.com/blog/laws-regulating-intellectual-property-in-nigeria/#:~:text=Presently%20in%20Nigeria%2C%20there%20are,the%20Federation%20of%20Nigeria%202004, accessed September 22, 2023. ↑
- Chapter P2 Laws of the Federation of Nigeria 2004, accessed September 22, 2023. ↑
- Law Offices of Salar Atrizadeh, ‘Artificial Intelligence Technology: Legal Implications and Challenges’
(May 08, 2023) available at, https://www.internetlawyer-blog.com/amp/artificial-intelligence-technology-legal-implications-and-challenges/, accessed September 21, 2023. ↑
- Ibid. ↑
- Kelvin Chan, ‘EU court: Google must delete inaccurate search info if asked,’ London, AP (December 8, 2022) https://apnews.com/article/technology-europe-business-european-union-government-and-politics-b9f6a5ebf75ff36841cab8bc444fd56c, September 22, 2023. ↑
- Chanté Ho Hip, ‘South African lawyers caught using ChatGPT to argue case,’ (11 July 2023) available at, https://www.702.co.za/articles/478617/south-african-lawyers-caught-using-chatgpt-to-argue-case#:~:text=Lawyers%20arguing%20a%20case%20in,in%20court%20were%20not%20real, accessed September 21, 2023. ↑