The Consortium Of Artificial Intelligence In Legal System By - R.A.Aswin Krishna
The Consortium Of Artificial
Intelligence In Legal System
Authored By - R.A.Aswin
Krishna
Abstract
The Legal field has digitalized
rather than following the traditional method of the Judicial system. The
conventional approach in Indian Judiciary fails to functionalize justice
processing and follow-ups to create pending judgements due to various grounds
such as Human Error, Corruption, Inadequate Evidence, etc. According to the
National Judicial Data Grid Annual Report, 4.4 Crore pending cases since 2010
in India. Due to Covid-19 Pandemic and National-wide Lockdown, digital
courtrooms failed to perform effectively due to digital limitations. The legal
fraternity can be developed by converting the Covid-19 Situation into a
positive opportunity. The Involvement of Artificial intelligence and AI-Powered
programs in the Judiciary can perform effectively with accurate functioning
like a traditional judiciary system and ease the workload of Judiciary
Administrators. Further Addition of the Proctor Service can determine the
Functioning of an Artificial Intelligence-powered Judicial System.
This paper will discuss the
Association of Artificial Intelligence in the Judiciary and the digitalization
of the Indian Legal System. To Concrete the feature, we will focus on possible
Artificial Intelligence Programs, the involvement of Artificial Intelligence
devices, and other alternatives to Support the digital legal system.
Keywords: Artificial Intelligence,
Digitalization, Digital Legal System, AI Judiciary, Judicial processing.
1.
INTRODUCTION
Remarkable rapid technological
advancement is taking place, and there is no denying that many people are
unsure whether artificial intelligence will allow computers to replace human
talents. Artificial intelligence has significantly changed the legal
sector and made it more consumer focused. The changes are numerous when
software solutions replace paperwork, documentation, and data management, done
mainly by lawyers. According to Merriam Webster’s dictionary, “Artificial
intelligence is a branch of computer science dealing with the simulation of
intelligent behaviour in computers”[1].
Artificial intelligence (AI) is being used by judicial systems all over the
world to analyse vast amounts of legal data in order to support judges with
predictions on subjects like severity of punishment and recidivism rates,
assist lawyers in finding precedents in case law, and enable administrations in
streamlining judicial processes. Except administrative functions that depend on
human input and judgment, technology has the potential to replace everything
else. However, artificial intelligence has advanced to such a point in the
legal industry in nations like the United States and the United Kingdom that it
is now being used to assist judges in making decisions[2].
Assuming that there may be an
employment crisis in the legal industry in the upcoming years, this could be a
weird advancement in the Indian setting. The Indian Judicial System should add
more judges to each state's bench till the backlog of cases is reduced. The
Indian Judicial System uses artificial intelligence extensively because it is
user-friendly and efficient, especially for young people. A lawyer must
effectively manage his time to avoid missing important deadlines and finish the
assignment on time or early. It takes a lot of time for lawyers to carefully
review numerous documents and look for mistakes in a contract. Artificial
intelligence can be used to reduce the amount of time spent on such tiresome
chores[3].
Legal professionals can save time and concentrate on other vital tasks by using
artificial intelligence (AI) that is assisted by natural data processing to
quickly review and correct errors in a huge number of documents and contracts.
Artificial intelligence produces work that is impeccably precise.
2.
LEGALITY OF ARTIFICIAL INTELLIGENCE
The AI Task Force Report, which
looked at the application of artificial intelligence and was coordinated by
Tata Sons Chairman N. Chandrasekaran, was the first step towards India's
artificial intelligence framework. The Ministry of Commerce and Industry
established it to employ AI for financial gains, provide strategic
recommendations for sending AI to India, and assess its viability in India. The
Task Force's Report, published on March 21 and analyses how AI would benefit
India is the result of the combined expertise of people from several divisions.
The Task Force suggests steps for establishing a moral AI structure, like
making AI logical, transparent, and auditable for predispositions. The Report
implies that a new standard for AI setup is required, given the current human
and AI partnership development[4].
2.1
SCRUTINY OF DATA PROTECTION AND PRIVACY
Properly handling of information and
ensuring its preservation and security are of utmost importance because
information is one of the critical components driving AI systems. The objective
of #AIforAll includes responsible AI as one of its core components, which
includes guaranteeing proper privacy and data protection and balancing moral
considerations with the need for progress. Each AI interface relies entirely on
the data integrated into its framework. AI frameworks rely on a mechanical examination
of user data over time, in contrast to other software where human guidance
produces results. In light of the Supreme Court of India's landmark ruling in
the case of K.S. Puttaswamy and Anr. v. Union of India and Ors[5],
wherein the right to privacy was held to be a fundamental right enshrined by
the Constitution of India, the development of informational privacy and data
protection has become increasingly prominent. In light of this development, the
Government of India established a committee to look into data protection issues
and write a comprehensive data protection framework that is innovation-agnostic
and addresses prominent issues, such as the expanding use of AI in India.
It is challenging to determine an
appropriate legal response because AI development is still in its early stages.
n developing a robust regulatory framework for AI, there are two streams of
opinion. On the one hand, it is assumed that ex-ante static management through
conventional direction tools, such as item permission, innovation, improvement
monitoring, and tortious risk for Artificial Intelligence, would not be able to
manage a rapidly expanding technology like Artificial Intelligence.
Additionally, it is believed that creating the foundations of a dynamic
administrative structure. At the same time, innovation is still heavily
dependent on people who will answer concerns about wellness, morality, and
accountability and not represent a severe threat to the invention and growth of
Artificial Intelligence.
Effective administrative approaches
to AI will accelerate the tackling of AI while simultaneously ensuring the
protection of citizens' rights to privacy and liability. Without an
administrative or legal framework that addresses risk, information assurance,
security, and mechanical and security measures, artificial intelligence is
being used. India needs a strict framework to govern AI in order to safeguard
personal information, address liability concerns, and uphold privacy and safety
norms.
2.2.
REGULATORY PROVISIONS FOR AI IN OTHER COUNTRIES
Global Leaders and Governments
keeping an eye on the adoption of AI and cognitive technologies, which are not
exhibiting any indications of slowing down. Regulators and lawmakers worldwide
have made it apparent in recent times that new legislation will soon influence
how businesses employ artificial intelligence. This is a grey area that can be
challenging to navigate and stay up with because new legislation and ideas are
continuously being developed, and almost all of them are still in the early
stages.
·
Brazil:
Early in October 2021, the Brazilian Congress effectively enacted a measure
outlining legal guidelines for artificial intelligence. The bill lays out the
guidelines for how artificial intelligence (AI) can be developed and used in the
nation with transparency in the public sector. The necessity of "adopting
regulatory measures that support innovation" is also emphasized. However,
as noted in the bill, there are challenges to the development of AI in Brazil,
including a shortage of funding and potential tax costs on businesses. The
bill, which emphasizes transparency in the creation of AI, specifies that
operating systems should be exposed via an AI agent, who will monitor the
operation of the technology's development.
·
EU:
The EU Commission proposed new regulations and initiatives in April 2021 to
make Europe the centre of the world for reliable artificial intelligence. The
first-ever AI legislative framework and a new Coordinated Plan with Member
States will uphold people's and enterprises' fundamental rights while promoting
AI use, investment, and innovation across the EU. After the European Parliament
and the Member States approve these proposals, the Regulations will immediately
apply throughout the EU. In parallel, the Commission will keep working with
Member States to implement the Coordinated Plan's actions.
·
U.S:
Regarding rules governing A.I., the U.S. maintains a "light"
regulatory posture. A call for information on how banks employ A.I. was
published by the five central federal financial authorities in the United
States at the end of March 2021, indicating the impending release of new
financial sector guidelines. A few weeks later, the U.S. Federal Trade
Commission (FTC) unexpectedly boldly published a set of rules on "truth,
fairness, and equity" in A.I., broadly defining unfairness and, by
extension, the unlawful use of A.I. These changes have created favorable
conditions for the United States to take such laws and regulations into
consideration at the federal level.
·
UK:
The UK government noted in its national policy for artificial intelligence,
published in September 2021, that it still needs to enact a broad AI-specific
regulatory framework. The nation's legislators have favored a sector-led
approach to AI regulation. However, this position might alter after the UK's
Office for AI publishes its white paper on legislating and regulating AI in
early 2022.
3.
ARTIFICIAL INTELLIGENCE AS A TOOL FOR UNEMPLOYMENT,
DISCRIMINATION AND BREACH OF PRIVACY
Discrimination based on religion, race,
caste, sex, or place of birth is prohibited by Article 15 of the Constitution
of India. Without human knowledge, AI maintains discrimination. An essential
tool in the clinical management of COVID-19, pulse oximeters measure the amount
of oxygen in the blood. However, they are less accurate on those with darker
skin than on those with a lighter complexion, according to a new study. Adults
may be excluded from participating in the design, development, and study of
digital advances due to accessibility issues. The ageist notion may also
explain the exclusion of elderly adults from technology design and development,
that they are incapable of using technology. As a result, older persons and
their perspectives are rarely considered when developing artificial
intelligence, regulatory frameworks, funding, and support initiatives. We are
able to design and construct cars that can sense their surroundings and move
safely without or with minimal human intervention because to growing automation
and machine learning. These cars can move without a human driver since they are
autonomous. Electronic commerce will change significantly as a result of AI.
Utilising autonomous drones and cars
to send or even transport packages autonomously to customers, as well as robots
exploring the area to collect supplies and carry out customer orders. hence
decreasing the demand for network stores and salespeople. Doctors can check a
patient's health at regular intervals and make the appropriate medical
decisions by affixing AI-enabled gadgets to the patient. The right to work and
protection against unemployment are guaranteed by Articles 23 of the UDHR[6]
and Article 6 of the ICESCR[7].
The rapid development of AI has altered current businesses and people's daily
lives by enhancing the effectiveness of equipment and services, but it has also
brought about a period of unemployment because it has replaced human work.
3.1. VIOLATION
OF FREEDOM AND PRIVACY
Article 19 of the Indian Constitution emphasizes the
protection of rights related to liberty. Artificial intelligence monitoring
techniques undermine the right to privacy and stifle free speech. Citizens are
more likely to refrain from using their fundamental rights, including freedom
of speech and expression, if they are constantly being watched. AI-driven
digital robots are the new instrument for online harassment of marginalized and
dissident voices. The right to free expression is violated by anonymous digital
bot accounts pretending to be actual users and sending pre-written comments to
well-known accounts or anyone who holds a particular opinion. Political parties
have allegedly employed artificial intelligence to create and disseminate fake
material about their political rivals in several recent international
elections, undermining democratic ideals and calling into question free
elections.
Without the victims' awareness, Pegasus can be installed on
their gadgets. They are vulnerable to being followed, overheard, spied on, and
having their data duplicated. The phone numbers of famous Indian politicians,
journalists, and other individuals were found on a leaked list of prospective
hacking targets, which has brought the Pegasus program back to the public's
attention[8].
Of greatest concern is the catastrophic effect that Pegasus spyware has or
might have on rights and fundamental freedoms, including the right to dignity,
the freedom of assembly, the freedom of religion, and even a person's physical
and psychological authenticity.
4.
AI INFLUENCE AND ADVANCEMENT TO AID LEGAL PROFESSIONAL
IoT app development
companies can benefit from many uses of AI in the legal sector with sufficient
research and careful consideration of the legal sector.
·
DUE DILIGENCE: To do due diligence and assemble
background information, lawyers use artificial intelligence (AI) techniques.
Developers have chosen to incorporate several new features, such as agreement
review, legal inquiry, and electronic media for this industry sector, in light
of the current situation.
·
PROGNOSIS TECHNOLOGY: Artificial Intelligence (AI)
assists in producing results for judicial inquiries and contract evaluations.
This feature of AI programming is advantageous for legal businesses and
industries.
·
LEGAL MECHANISM: Professionals can gather data from
earlier or previous cases using Artificial Intelligence technologies. They can
use this information to maintain tabs on the judge's orders and predictions.
Shortly, this technology is probably going to gain more significance on a
global level.
·
INTELLECTUAL POSSESSION: Algorithms show lawyers how to go
through enormous IP files and decipher interesting materials.
·
DOCUMENTING MECHANISMS: In the legal sector, several software
configurations are used to create documents that facilitate gathering data and
information. Many documents are helpful in the legal services sector.
Therefore, it has many advantages.
·
Contract Construction: Software based on artificial intelligence aids firms in the
creation of conventional and common legal contracts. Software using artificial
intelligence assists in creating templates that can later be customised to meet
client needs.
·
Patent Application: In order to gain insight from the available content, intellectual
property lawyers spend most of their time analyzing the massive amounts of
intellectual property. A lengthy and laborious task is filing a patent
application. A patent application filing process requires reviewing hundreds of
papers—something this software can accomplish more quickly. Artificial
intelligence aids in the formatting, preparing, and reviewing the patent
application.
AI
technology has the potential to boost productivity. Artificial intelligence
(AI) operates on several algorithms that can speed up the activity of document
processing and verification with the help of the machine learning algorithm
input given to the app. For several reasons, eliminating manual processes alone
is insufficient to incorporate artificial intelligence into the business's
infrastructure. Instead, there has been a surge in the need for firms to employ
AI due to growing corporate competition. Artificial intelligence allows law
firms to work more swiftly while passing on savings to their clients and other
associated businesses more promptly. Legal services are more expensive than
other firms on the market, and firms cannot automate this procedure[9].
Uncertainty
exists over the transition's mechanics, in any case. It is anticipated that law
firms with higher budgets will adopt AI technology more gradually and quickly.
Compared to more giant corporations, new startup companies and small businesses
may be able to start with a productivity-driven approach that is automated and
progressive. Numerous industries have undergone significant change thanks to
artificial intelligence. In terms of technology, the legal industry in India
has seen very little innovation, and modern lawyers are still at ease and
relying on approaches and solutions that were developed in the past. The way
Indian law is practised and perceived could both be significantly altered by
artificial intelligence[10].
Legal research could be one of the areas where artificial intelligence in the
legal system most seriously disrupts the system. The vast and ever-evolving
Indian legal system allows for lawyers to gain unparalleled insight into the
field of law in a matter of seconds by using artificial intelligence.
5.
THE EFFECTS OF ARTIFICIAL INTELLIGENCE TECHNOLOGY ON
THE INDIAN LEGAL SYSTEM
Nearly all industries are attempting
to predict the impact of AI, with some bracing themselves for potential
developments that could need reexamining their organizations' discounts. Even
the legal industry will experience changes as artificial intelligence
technology becomes more widespread. The Indian legal system urgently needs
artificial intelligence. Artificial intelligence would be essential in reducing
the backlog of cases by considering those that are unresolved and unresolved.
In order to give legal goals to these cases, especially those pending for more
than 10 years and those pending for more than five years, it is essential that
the Executive branch and the Hon'ble Judiciary's managerial branch act
following some fundamental integrity agreement. The former Chief Justice of
India, S.A. Bobde, recently said in an interview that artificial intelligence
may be developed for the court system. Only in order to guarantee that justice
is administered without unnecessary delay. He also made it clear that AI will
not replace judges and discretion. He continued, "We are examining the
prospect of adopting the machine learning system, but it is just the
repetitive, mathematical, and mechanical elements of the judgments for which support
may be obtained from the system."
The Indian legal system has always
required a lot of labour. People in India are skeptical of artificial
intelligence. To increase the effectiveness and precision of the company's
delivery model for legal services, Cyril Amarchand Mangaldas was the first law
firm to sign an agreement with Kira System in 2017. As a result of the
Supreme Court digitizing its records, more law firms are now using artificial
intelligence technologies.
There is some info about
contemporaneous law offices that would resemble:
·
Innovative Approaches to Serving Customers:
The way clients are currently treated
would alter in the future. Legal industries would examine how they interact
with their clients. Artificial intelligence (AI) would alter legal companies'
current pricing strategy and adopt a performance-based pricing model for the
benefit of their clients:
·
A Shift in Emphasis from Revenue to Greater Profitability:
While the competition between the
legal industries has been escalating quickly, legal companies usually focus on
growing income. Future legal industries would focus on maximising profits
rather than income.
·
Technology Advancement for Growth
New legal technology will emerge due
to computerization in contract drafting, raising the bar for an attorney.
Innovation still needs to be widely used in law firms. Programming for
artificial intelligence will increase productivity in law offices. The costs
might be decreased while the maximum benefits rose.
·
Strong emphasis on brand value
Legal firms must put their clients
first. Future law firms would prioritize their brand. It would strongly
emphasize developing workplace advancements and investing in cutting-edge
solutions.
Former Indian Chief Justice SA Bobde
had envisioned using artificial intelligence (AI) in the legal system[11].
The Indian judiciary has recently taken some effective measures to incorporate
AI into its daily operations. In 2019, the Supreme Court AI community was
established. The Supreme Court Portal for Assistance in Courts Efficiency
(SUPACE), which uses machine learning to handle vast amounts of case data, was
the first AI portal the supreme court ever developed. The Supreme Court Vidhik
Anuvaad Software, also known as SUVAS, was introduced to assist in translating
legal documents from English to other Indian Vernacular Languages.
The Covid-19 epidemic dramatically
accelerated the judicial system's digitalization. Indian Judiciary has moved to electronic
filing, and video conferencing was used to conduct court proceedings. Addressing the 13th Asian Criminology
Conference (ACC), Gujarat High Court Chief Justice Aravind Kumar asserted that
artificial intelligence (AI) and other technology can assist the judicial
system in resolving a sizable number of pending cases[12].
The court system's efficiency will undoubtedly be impacted by a large number of
pending cases, which will ultimately slow down the process of getting
justice. The number of cases that are still waiting in Indian courts is
enormous; some of them have been there for almost three decades.
The Indian judiciary could benefit
from other technology, given the existing situation. For instance, smart
contracts can be marketed as a method of dispute avoidance to reduce the
pressure on the legal system.
“Online dispute resolution” (ODR) can
be used to cut down on minor disputes that end up in court. The government
needs to promote this as a worthwhile alternative.
AI has previously been used
extensively to support judges during bail and parole hearings. For instance, in
US courts, the "Safety Assessment" (PSA) AI-based tool assists judges
in such hearings by generating a risk assessment after accounting for many
previously established characteristics.
6. IMPACT OF
ARTIFICIAL INTELLIGENCE IN LEGAL RESEARCH
Legal study is still a crucial and
challenging endeavour combining art and science. The prophetic quality to sneak
into the future by knowing the responses that must be used to offer direction
to an inquiry and the poetic imagination to highlight the importance and relation
must be added to research. The two terrible difficulties that lawyers encounter
when conducting legal research are a need for more time and certainty regarding
the outcomes. Sorting and modifying the raw data to create a legally acceptable
study takes a lot of work[13].
In other ensuing cases of analogous or indistinguishable circumstances,
attorneys in common law jurisdictions (India, Canada, the US, and so forth)
refer to case laws decided by the higher legal executive (High Courts and The
Hon'ble Supreme Court of India).
Occasionally, a researcher's intended
outcomes from a database cannot be achieved by its algorithms. Additionally,
there is an explosion of knowledge at both the primary and secondary levels as
a result of the vast rise in the amount of material available on any inquiry
topic. The researchers thus have a crisis of confidence regarding the validity
and correctness of the findings. Clear accountability in how a judge or other
authority will see the research and argument being developed by an attorney or
researcher is another hurdle. It takes much more time to conduct a legal study
to feel more certain about it. Nevertheless, regrettably, given the time
restraints, it appears unrealistic to devote a significant amount of time to
study. According to a Thomson Reuters AI expert, although lawyers are desperate
to save time, they are also frightened of missing something. Artificial
Intelligence is where the tension manifests itself in such a setting. One must
compromise between recalling or locating everything relevant without missing
anything and precision or finding the intended object. While the researchers
are delegating their tasks excessively, there is also evidence of inadequate
delegation. This could degrade the caliber of the services one offers to
clients.
7.
WILL ARTIFICIAL INTELLIGENCE REPLACE LAWYERS AND
JUDGES?
While AI cannot currently
"completely replace" the role of a judge or attorney, it is helpful
in the courtroom in many ways. Research can be gathered by an AI system, saving
the judge from having to look through the legal literature manually. By
assisting with the delivery of clear and compelling justice, such legal
technology can also help to address fundamental crises in courts. Saving time
is one of the best things about AI and automation in courts. This is especially
beneficial for those who cannot afford legal representation or cannot make it
to court on time. The "Jury Chatbot" in Los Angeles, utilized for
translation and natural language processing, is an excellent illustration of an
AI in a courtroom. Additionally, an AI program can perform advisory tasks like
compiling evidence or calculating recidivism rates using statistical data. This
helps judges save a tonne of time. Furthermore, as we all know, mistakes may happen
with almost anything done by hand[14].
Broadly defined, an AI is taught to
think and behave like previous judges who might have been prone to bias and
discrimination. It is unable to fully learn how to practise law. It cannot be
utilized to produce final judgments until it is trained on legitimate and just
cases. Final decisions cannot be made by artificial intelligence. Before legal
technology, in the form of artificial intelligence (AI), became the norm rather
than the exception in the courtroom, it would require some time and further
research. First, underlying issues must be resolved. Who will control the
judges using AI? A human decision or an AI decision will take precedence; which
one?
There is little uncertainty that
lawyers and judges will still be needed in the near future when it comes to the
topic of whether AI will replace them.
8.
REVOLUTIONARY IMPACT OF AI STARTUPS IN LEGAL SYSTEM
Due to the introduction of
Advanced technology, the legal sector is going through a fundamental
shift. The sector uses cutting-edge technologies like blockchain, big data
analytics, and artificial intelligence. The rise of legal tech start-ups is a
result of the increasing demand for these technologies, which has the potential
to change how the law is practised and how legal services are provided. To
better enable chances to transform law digitally practises and satisfy the
demands of tech-savvy clients, a group of legal tech businesses is creating and
deploying AI platforms. Legal technology start-ups in India are assisting in
transforming the Indian judicial system. Numerous Indian legal tech start-ups
are developing NLP-based tools and showcasing cutting-edge legal research
manifestos that help law offices get past basic, keyword-based research and
make it more enjoyable. Several legal start-ups have their own AI research
labs, and several are rapidly improving their AI research capacities.
·
Kira Systems: Kira
helps firms in making sense of their unstructured contracts and related
paperwork. The startup, established in 2011 in Toronto, Canada, employs machine
learning algorithms to recognize, extract, and evaluate text from contracts and
other documents. Using ML capabilities tailored for law firms, service
providers, and property managers, it also automatically locates and pulls
crucial information from lease contracts.
·
CASEMINE: In
order to find hidden connections between case laws and make legal research more
thorough and in-depth, CaseMine, an AI-driven legal tech business in India,
uses AI methodologies. CaseIQ, a research tool powered by AI developed by the
company, pulls factual and legal information from any document uploaded to it.
CaseMine enhances legal research in various ways by using technology to look at
different jurisprudential facets[15].
·
ContractPod:
An AI-driven provider of contract management solutions, ContractPod supports
businesses all around the world. With the aid of AI, our user-friendly CLM
platform creates workflows and templates that are simple to use, speed
contracting, and keep businesses fully compliant. The contract automation
solution from ContractPod, created by software and legal specialists, enables
businesses to view the entirety of their contract database, providing them the
visibility they need to comprehend, make decisions, and take confident action
swiftly.
9.
NOXIOUS OUTCOME OF ARTIFICIAL INTELLIGENCE IN LEGAL
SYSTEM
·
LIABILITY: The
current legal system lacks provisions requiring robots to be held accountable
for their actions or inactions that harm other parties. Nevertheless, the EU
parliament acknowledged in the study that the more autonomous robots get, the
less they can be viewed as mere tools in human hands (such as the manufacturer,
the operator, the owner, the user, etc.). Given the complexity of some robots,
it is debatable whether the standard norms of culpability are enough. This is
particularly true when robot actions or inactions that have caused injury could
have been prevented, and the reason cannot be linked to a specific human.
Furthermore, the current legal system's approach to contractual obligation has
a flaw. There may need to be more than the conventional standards when machines
can choose their counterparts, negotiate contractual terms, conclude contracts,
and decide whether and how to implement them.
·
DATA PRIVACY PROTECTION: The open flow of data is crucial for machine learning to
employ robots fully. On the other hand, strict adherence to the Union's legal
framework for data protection is required. Robots must be built in such a way
that they are safe, secure, and appropriate for their intended use. They must
adhere to data processing protocols that comply with current legal requirements
for confidentiality, anonymity, fair treatment, and due process. Robot-operated
networks must have a strong security layer to guard against security lapses,
cyberattacks, and misuse of personal information, primarily when much data is
being gathered and processed.
The NITI Ayog published a policy
document in 2018 titled "National Strategy for Artificial
Intelligence" that examined the significance of AI and its potential
applications in various Indian industries. A national AI program was also
suggested to be started in the 2019 Budget. Despite all these technological
advances, India still needs adequate legislation to manage and regulate the AI
business.
·
COMPETITION LAW: AI requires data to learn. In competition law, the issue might result
from AI using all kinds of data to learn and react, mainly when real-time web
data on competitors' algorithms are readily available. Robots could identify,
process, and act on this information, positioning one organization in a similar
or better position than its rival, enhancing pricing models, providing better
services and terms for deals, etc. Since several of those responses qualify as
concentrated activities, anti-competitive agreements, or anything similar, this
may be cause for concern.
·
AI-PERSONHOOD: Personhood
is the attribute of being a unique individual with rights and responsibilities.
Every person has a status that serves as the foundation for various notions and
rights, including nationality, citizenship, equality, integrity, liberty, and
dignity. Every natural or legal person possesses this attribute. Personhood
entails the existence of a natural or legal person who will be held accountable
for the accident's results whenever there is an automobile accident. Should a
machine be granted personhood (rights and obligations) in the same or a manner
comparable to that which natural and legal persons have it, but with its
particular traits and ramifications, has been a topic of much discussion over
the past year.
The existing legal system does not
hold robots accountable for damage-causing acts or omissions per se; instead,
it looks to see if a specific human (such as the maker, the owner, the
operator, etc.) could have predicted and prevented the robot's destructive
behaviour. If so, they will be strictly liable for any actions or actions a
robot takes. A robot's damage may also be subject to regulations governing
product liability and culpability for harmful conduct. However, these standards
are frequently insufficient and unable to specify the party responsible for the
robot's act or omission.
10.
CONCLUSION:
The way the legal profession operates
has altered as a result of technological innovation.
Without considering the AI
programming that is developing in legal tech industries, it is difficult to
imagine what the future of the legal sector will look like. The legal industry
is currently becoming more customer driven. Legal information is just a click
away. Online software is used for conducting legal research. These programs are
used by legal advisors and firms to prepare and review agreements as well as
case files. Therefore, it is crucial to have a legal framework to oversee AI in
order to control legal tech businesses and stop customers from abusing their
personal information. The development of technology has dramatically benefited
legal professions. The legal industry is impacted in two ways by advances in
legal research. First, it helps lawyers, scholars, and legal students do
speedy, focused research. Second, it aids judges in conducting quick research
that can assist the Indian Judicial System to clear the case backlog. Small law
firms and advisors have benefited the most from artificial intelligence since
it has provided them with the data and resources necessary to compete
financially with established law firms. There is a delusional idea among
lawyers and law firms that artificial intelligence, machine learning, or, to put
it another way, artificial intelligence will replace lawyers and threaten their
continued existence. According to data from other industries and verticals,
including e-commerce, healthcare, and accountancy, artificial intelligence will
only help lawyers and law firms work far more efficiently than they did in the
past.
Technology advancements are meant to
help lawyers and their clients do tasks quickly and effectively, but this does
not mean that innovation will replace lawyers, their expertise, or their judgment.
The legal industry has embraced artificial intelligence, the technology of the
day. Nevertheless, like anything else, it has advantages and disadvantages. It
is past time we developed a suitable legal framework that enables us to
maximize the benefits of artificial intelligence in the legal industry and
eliminates any risks that the sector is vulnerable to because there is no
regulatory legal framework.
[1] “Artificial intelligence.”
Merriam-Webster.com Dictionary, Merriam-Webster, (17 Dec. 2022, 11.47 A.M)
[2] US government use of AI is
shoddy and failing citizens - The Register. ( 17 Dec. 2022, 1.03 P.M)
https://www.theregister.com/2018/09/26/us_government_algorithms/
[3] MARYANNE NGUYEN, The Importance
of Time Management in Legal Practise, (17 Dec. 2022, 1.12 P.M)
https://www.sydneycriminallawyers.com.au/blog/the-importance-of-time-management-in-legal-practise/
[4] ELONNAI HICKOK, SHWETA MOHANDAS
& SWARAJ PAUL BAROOAH, The AI Task Force Report - The first steps towards
India’s AI framework, THE CENTRE FOR INTERNET SOCIETY (9 Dec. 2022, 7.06 A.M),
https://cisindia.org/internet-governance/files/ai-task-force-report.pdf.
[6] Universal Declaration of Human
Rights, (20 Dec. 2022, 2.57 P.M)
https://www.un.org/en/about-us/universal-declaration-of-human-rights
[7] International Covenant on
Economic, Social and Cultural Rights,
https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-economic-social-and-cultural-rights
[8]Pegasus spyware and its impacts
on human rights, Council of Europe. https://www.coe.int/en/web/freedom-expression/-/pegasus-spyware-and-its-impacts-on-human-rights
(20 Dec. 2022, 4.17 P.M)
[9] Ibid.
[10] Sakshi Goyal, Emerging Artificial
Intelligence (AI) Trends in The Legal Profession, iPLEADERS (20 Dec. 2022, 5.34
P.M), https://blog.ipleaders.in/ai-in-legal-profession/.
[11] Zoya Hussain, Can Artificial
Intelligence Boost the Pace of India's Judicial System? ( 23 Dec. 2022, 8.50
A.M),
https://www.indiatimes.com/explainers/news/artificial-intelligence-and-indias-judicial-system-565113.html
[12] PRITAM BORDOLOI, The Power &
Pitfalls of AI in Indian Justice system (22 Dec. 2022, 8.53 AM),
https://analyticsindiamag.com/the-power-pitfalls-of-ai-in-indian-justice-system/
[13]Godfrey & David, “Legal
Services Are Under Stress, but Enduring.” Generations: Journal of the American
Society on Aging, vol. 43, no. 4, 2019, pp. 67–72.
https://www.thestatesman.com/opinion/robot-judges-chair-1503031697.html
[15] Richa Bhatia, Story of CaseMine,
NCR based startup that’s disrupting Indian legal system using AI,
ANALYTICS
INDIA (22 Dec. 2022, 12.18 P.M), https://www.analyticsindiamag.com/story-casemine-ncr-based-startup-thatsdisrupting-indian-legal-system-using-ai/.