Contemporary Legal Issues and Challenges of Innovations under Artificial Intelligence

Artificial Intelligence (AI) is changing industry, economy and society. AI technology promises unprecedented efficiency, accuracy and new capabilities from healthcare to finance. However, these developments come with significant legal challenges. E.g. – data privacy, intellectual property rights and liability for AI generated errors etc. This article examines the current legal landscape surrounding AI innovation, focusing on challenges it presents and the legal frameworks evolving to address them.

An overview of the effect of AI:

In the realm of Artificial Intelligence, machines that are programmed to think and learn like humans can generate a simulation of human intelligence. With minimal human intervention, AI can analyze vast amount of data, identify patterns, and make decision. AI trends include machine learning, natural language processing, and robotics as well as computer vision and other emerging areas.

The rapid adoption of Artificial Intelligence Technology in various sectors raises several legal issues. Areas of interest including Cyber security vulnerabilities, liability for damage, lack of algorithmic transparency, lack of contestability, etc.

The legal system and artificial intelligence:

AI is increasingly being used in law due to need for efficiency, accuracy, and efficiency. Legal professional are using AI tools for variety of tasks, including Contract review, legal research, predictive analytics and document automation. These technologies promise to streamline workflow, improve decision-making and increasing access to smooth justice.

The current legal framework is major obstacle to introduce of AI technologies. Traditional laws often struggle to keep up with fast pace of AI, leading to confusion and uncertainty about responsibilities, obligations and ethical standards. As a result, policymakers around the world are pushing for comprehensive legislation to regulate the use of AI.

Recent News Relating AI-

  1. Manipur High court uses CHAT-GPT to conduct research & pass order in service law matter.
  2. Journalist Rajat Sharma moves Delhi High Court against Non-Regulation of Deepfake Technology.
  3. The government has constituted a taskforce to study the impact of artificial intelligence (AI) on the future of work, labour secretary Sumita Dawra said during an industry interaction in Hyderabad on the month of July.
  4. The government’s initiative to introduce an artificial intelligence law aimed at protecting the commercial and creative interests of content creators, including news publishers, will help balance the interests of publishers with the needs of those developing generative AI (GenAI) models, according to legal experts.

Liability and Accountability:

The legal challenge of redefining artificial intelligence liability in digital age is complex. As AI become autonomous, the question of accountability in situations where human intervention is not feasible arises. Real-world failures of AI have already emphasized the importance of understanding regulations. For example, As AI technology advances, new legal issues arise that test the boundaries of current laws. The extent of responsibility in relation to AI-based products is a concern. Who are responsible if personal vehicle accidents occurs? Should it be manufacturer, the programmer, or the user? Addressing these questions requires an understanding of concepts of reason, logic and agency in AI systems.

Data Privacy and security:

Laws or guidelines designed to tackle AI have been introduced in many countries. In the European Union, the General Data Protection Regulation (GDPR) has provisions that protect people’s rights during AI by ensuring automated decision-making and disclosure. Similarly, countries such as the United States and Canada are exploring legal frameworks to address issues related to AI responsibility, transparency, and accountability.

But these rules pose problems in the context of AI. The act of AI data mining can expose sensitive information from malicious data, and existing consent models may not be up to the task. The security of AI system is critical due to their vulnerability to cyber-attacks and hacking.

It is crucial to establish a robust data management system that protects innovation, privacy, and security. This includes implementing data reduction measures, improving the transparency of data processing and establishing clear guidelines for data use and sharing.

Intellectual Property and AI:

The advancement in artificial intelligence has posed issues for IP law enforcement. IP laws are currently in place to safeguard human creativity and innovation. However, AI systems can generate new content, design and innovation, raising questions about copyright and protection.

For example, if an AI system creates a new work of art or writes a book, who owns the copyright? Did programmers develop the AI, did users provide input, or was it AI itself? Also, if an AI system creates a new technology, can it be patented?

Current Intellectual Property Rights Laws do not adequately address these situations. Some authorities such as the European Patent Office are beginning to understand the role of AI, but there is no international consensus. Revising IP law to account for the performance and capabilities of AI is critical to fostering innovation and protecting the rights of creators and makers.

A Legal response and a Lawful system:

Various government and regulators around the world are grappling with how to address the legal issues surrounding artificial intelligence. Some countries have begun to develop specific AI rules, while others are updating existing laws to accommodate AI Innovations.

The European Union has taken a proactive step by proposing an AI law that would establish essentially the same legal framework for artificial intelligence. According to the AI Act, artificial intelligence is categorized by its level of risk and is subject to stringent standards for hazardous applications like biometric identification or essential infrastructure.

There is more disorganized regulatory landscape in the US, with different agencies working to address AI problems. The national institute of standards and technology (NIST) has developed a framework for managing AI-related risks, while the Federal Trade Commission (FTC) focuses on AI-related protection and consumer privacy.

Internationally, organizations such as the United Nations and the organization for economic co- operation and development (OECD) are developing global AI principles and standards. These efforts aim to harmonize regulations across countries and promote the responsibility development and use of artificial intelligence.

Ethical Consideration:

There are many ethical consideration involved with artificial intelligence. The biases data trained on AI systems can be stored and augmented, leading to discriminatory outcomes in field such as law enforcement. A major ethical issue is the lack of equality and transparency in decision- making with regards to AI.

Further, AI’s application in areas such as healthcare, criminal justice, and autonomous weapons raises questions about human oversight, accountability, or the potential for harm. The solution to these issues lies in establishing ethical principles and standards for the development and utilization of artificial intelligence.

Artificial Intelligence and the Indian legal system:

India’s law industry has recognized the potential of AI in day-to-day work for firms and lawyers. Among the tasks performed by AI-powered tools are document review, contract analysis, legal research and legal forecasting. These technologies make routine operations more efficient, reduce errors and increase productivity. Due diligence has been accelerated by speed of artificial intelligence’s ability to review vast amounts of documents. Contract analysis and management were also useful, saving time and reducing the risk of errors, especially in India’s diverse business environment where the number of legal transaction is increasing.

The Indian Judiciary has also adopted artificial intelligence tools to improve its functioning. The National Judicial Data Grid (NJDG) is prime example of technology, including AI being used to enhance the functioning of the Indian judiciary. The potential of artificial intelligence in legal forecasting, analysis of past cases, and automation of processes such as e-notices and e-summons can ease the burden on legal system. Artificial Intelligence has also been an integral part of conducting virtual courts through e-courts and video conferencing tools such as the real-time transcription project initiated by the Supreme Court of India.

Interest has also been expressed by Indian government in the matter of promoting and using ethical AI technology through its National strategy on Artificial Intelligence. Indian legal tech startups are actively developing AI solutions for the legal sector. These startups are building platforms that use machine learning and natural language processing to retrieve and summarize relevant legal documents, improving the accuracy and efficiency of legal research.

Case Laws:

  1. Jaswinder Singh v. State of Punjab, 2024: In this case law court denied a bail petition due to allegations of a brutal fatal assault by the petitioner. The judge sought input from ChatGpt for a broader perspective on granting bail in cases involving cruelty. However, it was emphasized that this references to ChatGpt does not reflect an opinion on the case’s merits, and the trial court will disregard these comments. The request was made solely to gain a broader understating of bail jurisprudence when cruelty is involved.
  2. Luxury brand Christian Louboutin case law: The Delhi High Court has ruled in a lawsuit files by French luxury brand Christian Lauboutin over its distinctive “red sole” shoe design that responses generated by AI, like ChatGPT, cannot replace human intelligence or the human touch in a judicial process. The court emphasized that accuracy and reliability of AI-Generated data remain uncertain and not fully dependable.

Conclusion:

Artificial Intelligence is expected to revolutionary India’s legal system by boosting efficiency, improving the quality of Justice, and spurring innovation. Meeting the legal and ethical requirements is crucial to ensure the responsible and equitable use of artificial intelligence. India can harness the potential of AI to create a fairer and more efficient legal system by developing a strong regulatory framework, promoting transparency, and fostering cooperation.

References:

  1. Ajoy Sinha Karpuram, “Using AI and ChatGPT in legal cases: What Indian courts have   said”,              The         Indian  Express,   May.28,2024                           ,      Available       at- https://indianexpress.com/article/explained/explained-law/ai-chatgpt-high-courts- judiciary-9356510/