Open Access Research Article
LAW AND ARTIFICIAL INTELLIGENCE
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LAW AND ARTIFICIAL INTELLIGENCE[1]
AUTHORED BY - PROF. DR. MAHAVIR SINGH
KALON
Abstract
Artificial intelligence (AI) is
becoming more important in today's society. AI has found a home in today's
democracies, from health care to self-driving cars. AI has transformed the way
we live, making it easier and more efficient. Because India has a varied
population, it is vital to incorporate AI alongside the fundamental ideals of
the Constitution. The incorporation of artificial intelligence (AI) into
India's democratic system is a critical step towards progress and development.
AI has the potential to bring about significant improvements in a variety of
industries, including healthcare, education, and governance, due to its ability
to streamline procedures and improve efficiency. However, it is critical to
ensure that the Constitution's principles are not jeopardised during this
process. The employment of AI must be guided by ethical considerations and must
not infringe on citizens' rights and liberties. Additionally, efforts must be
made to guarantee that AI is accessible to all segments of society, regardless
of socioeconomic level or geographic location. India can pave the way for a
brighter future for its inhabitants by embracing AI while preserving the ideals
stated in the Constitution. The concept of AI in the Indian setting was studied
in the first section of the article. The second section looks at how the law
interacts with AI. whereas the third half deals with the broader context of the
application of the Constitution's ideals, particularly equality. This section
also looked at how equality interacts with AI. The fourth section examines the
intersection between AI, ethics, and law in the current Indian setting. The
fifth section covers the government's policy of establishing AI-powered
websites and its implications for society. In recent years, the ideals of the
Constitution, particularly equality, have received a lot of attention. As
technology advances, the connection between equality and AI becomes more
complicated. It is critical to address the ethical and legal ramifications of
AI in the Indian setting when investigating this interaction. This fourth
section goes into these problems, looking at how AI can be utilised ethically
and legally while also fostering equality. Furthermore, the government's policy
of developing AI-powered websites has far-reaching repercussions for society as
a whole. It is critical to assess how these policies affect different groups
and ensure they do not exacerbate existing inequities. Finally, it is critical
to approach AI research to promote equality and ensure that all members of
society benefit from its gains.
1. Introduction
Artificial intelligence underpins the
new way of life. The way we engage with technology has dramatically changed
from ‘voice assistants’ to ‘self-driving’ cars. AI also detects‘finance fraud’
and ‘improve healthcare’ and ‘patient outcomes’. Concerns have been raised
about the ethical implications of AI, such as employment displacement and
prejudice in decision-making systems. As AI advances, it is critical for
society to address these issues and ensure that it is used for the benefit of
all. AI has numerous applications, ranging from predicting natural disasters to
designing personalised lesson plans for students. It is up to us to harness its
power properly and use it as a tool for growth.Because AI is entering society
to the point where it is overall altering the socio-political-legal milieu of
society, a new legal framework that considers the influence of AI is required,
and existing laws are insufficient to address the interaction of law and
society. AI has brought various benefits to a range of industries, including (i)
healthcare, (ii) banking, and (iii) transportation. Many positive things are
also happening within the industry due to AI, such as (a) Efficiency, (b) Precision,
and (c) Production have all improved. However, it poses huge moral difficulties,
such as (i) partiality and (ii) invasion of privacy. AI development should be
driven by ethical considerations to ensure that it is used for the benefit of
mankind as a whole. Transparency in the design and execution of AI systems is
also required to ensure accountability. As AI evolves, it is vital that we
balance its benefits with any potential disadvantages. As a result, governments
must work closely with subject-matter experts to design regulations that govern
the use of AI while fostering innovation and advancement. The ultimate goal
should be to create a legal framework that encourages responsible AI
development and use while protecting individual rights and the general welfare
of society. AI systems are widespread and regularly being used in society on
day-to-day basis.[2]
2. AI and Law: Interactions
AI has intruded into every sphere of
an individual’s life. Therefore, it is also necessary to examine the
interaction of the existing legal framework of law with AI so as to understand
whether there is a strong need to have a new set of laws, adhering to the new
AI norms or the existing legal framework is enough to set the tone for the AI.
The morning now starts with speaking to Alexa.[3]
2.1 Alexa and Law: Examining the Scope
of law in Regulating Alexa
Alexa can communicate with people
automatically and answer in real-time. It all started with setting the alarm.
However, Alexa now provides (i) the user with complete access to all
information. (ii) It also aids in the creation of music playlists on Amazon
Prime. (iii) Alexa may also be used to control smart home components such as
lighting, thermostats, and security systems. (iv) Alexa can understand and
respond to natural language orders thanks to its powerful speech recognition
technology. It also includes a wide range of capabilities that may be used to
do a variety of tasks, such as (a) placing food orders, (b) reserving
transportation, and even (iii) playing games. The AI assistant continuously
learns and increases its abilities through machine-learning techniques. Amazon
has also developed Alexa for Business, which allows businesses to utilise the
technology to schedule meetings and other office duties. Because of its
expanding popularity and feature set, Alexa is quickly incorporating itself
into people’s daily lives.[4]
2.2 Machine learning algorithms in
AI-driven cars: Is it Improving the driving experience?
Sensors and cameras in these vehicles
collect information about their surroundings and use it to make judgements
without the driver’s input. They can also learn from the past, increasing their
effectiveness and dependability over time. AI-driven automobiles have the
potential to reduce collisions and traffic congestion since they can
communicate and coordinate their movements. But instead, we have also seen
various accidents caused by AI-driven cars, and in those cases, who is to be
blamed? Is the person who has bought that car? Or the company who has
manufactured that AI-driven car? Or can we also read joint liability here?
There are so many questions with almost no answers in the case of AI-driven
cars. Because in the traditional criminal law model, the law of negligence is
very well established, and so is the law which covers accidental cases.[5]
Speed, Autonomy and Opacity[6]
are three challenges that can define AI more summarily. The principles of
criminal law and the law of torts need to be revisited in light of the present
AI revolution, especially those gadgets which not only runs on the road or
otherwise but can have the tendency to cause harm to human beings. In this
aspect, the connection between tort law and AI-driven cars is complex and
dynamic. AI has the ability to transform how we live and work as it advances
dramatically. However, this necessitates the resolution of new legal
difficulties. Who is in charge, for example, if an AI-powered vehicle causes an
accident? Is it the creator, the programmer, or the owner of the car? These are
just a few of the issues that must be addressed as we move towards a more
automated future.
2.3 AI in Daily Lives and Law: Where
to Move and how to Move?
We should expect to see even more machine
learning and AI applications in our daily lives, such as, (i) healthcare, (ii) banking,
and the (iii) entertainment. All these are significant areas of an individual’s
life. It’s exciting to speculate about what the future holds for this powerful
technology because the possibilities are limitless.Every government website has
AI engaging with the public, making acquiring information and getting aid
easier. While artificial intelligence-powered robots assist with surgeries and
other procedures, machine learning algorithms are employed in healthcare to
analyse medical data and enhance diagnoses. Financial organisations are using
AI to detect fraud better and forecast market movements. AI is being used to
produce personalised suggestions for films, music, and TV shows. Although these
technologies have many potential benefits, there are concerns about privacy and
the moral implications of relying on robots to make critical judgements. We
must proceed cautiously and consider the potential impacts of machine learning
and AI on society as we explore their potential.
2.4 AI in Healthcare in India: Issues
and Concerns
The use of artificial intelligence in
healthcare is rapidly expanding in India. This offers a number of risks,
including (a) worries about data privacy, (b) ethical dilemmas, and (c) the
possibility of biased decision-making. Which is a sign of a huge worry. Because
in a country like India, where the population is diverse, biased
decision-making can have larger ramifications. However, if properly deployed,
AI has the potential to revolutionise healthcare in India by,
(i)
Boosting
diagnosis accuracy, which directly affects the life expectancy of the
individual,
(ii)
Lowering
healthcare costs would allow the marginalised and underprivileged persons to
access it, which increases affordability and improves life expectancy.
(iii)
Enhancing
efficiency ultimately leads to optimal utilisation of resources.
(iv)
The
application of AI in healthcare may also result in the development of
personalised medicine and improved patient outcomes.
Despite the hurdles, the
Indian government recognises the potential of AI in healthcare and is promoting
its implementation, and therefore time to time comes up with the rules and
guidelines to regulate it. AI can become a major tool in improving healthcare
access and outcomes for all Indians with the right regulation and control. It
is critical to ensure that the benefits of AI are balanced against its possible
drawbacks and that it is used responsibly to improve patients’ lives. As a
result, there is a pressing need to develop a strong regulatory framework in
India to regulate AI in health care. This legislative framework should safeguard
the patient’s privacy, ensuring that AI algorithms are (a) transparent and (b) understandable.
Furthermore, (c) it should create clear rules for the use of AI in medical
decision-making and (d) guarantee that healthcare workers are properly trained
to use these technologies. Furthermore, (e) the framework should promote
collaboration among healthcare providers, technology businesses, and regulatory
agencies in order to foster innovation while mitigating potential dangers.
3. AI and the Right to Equality under
the
Constitution of India
AI works mechanically and, therefore,
lacks the means to provide affirmative actions. And this many times lead to
treating everyone equally. In a country like India, where there is a huge
difference between the rich and the poor and where social challenges are still
very high, something like AI is changing all the dynamics of society. It is,
therefore, necessary that AIshould eliminate prejudice in AI algorithms,
especially with reference to marginalised communities that may be
disproportionately affected by new technologies.[7]Data
absorbs historical discrimination from the environment in which it was formed.
This adds a third degree of complexity. Systemic bias in data is frequently
regarded as harmful due to the outcomes at the time of decision-making. Consider
FaceTagr, a facial recognition programme now being used by police officers in
Chennai, Tamil Nadu. FaceTagr allows cops to picture people who 'appear
suspicious' and then compare the photos to existing criminal databases. As
Bhatia points out, this is intrinsically problematic because “a guy” who “looks
suspicious” for wandering on the road at 2 a.m. will certainly come from a
certain socioeconomic class based only on his appearance. In this sense, the ‘FaceTagr’
software will invariably make targeting the homeless and needy easier.[8]AI
and machine learning have many times found to contribute to prejudice and also
towards discrimination. This is because these systems acquire their expertise
from historical data that may already be biased. If nothing is done, society
may grow even more uneven. It is, therefore, critical for developers and
legislators to ensure that these systems are designed with fairness and
transparency in mind. Therefore, one has to be very careful while implementing
AI.
4. AI, Ethics and Law
Finally, it is necessary to continuously
monitor and review the AI systems to ensure that AI remains ethically safe and
usable over time.The other advantage India can has is, by proactively
regulating AI in healthcare, it can reap the benefits of new technologies with
minimum hazards and also by keeping the patients at the centre of the treatment.
The possible risk should be addressed by legal means, such as creating
culpability for harm caused by AI systems. Transparency and accountability
should also be prioritised in developing and implementing AI technology in
healthcare. This can be accomplished by mandating comprehensive explanations of
how AI systems make choices and ensuring patients have access to their own
health data. Furthermore, concerns about bias and discrimination in AI
algorithms, particularly with respect to marginalised people, must be
addressed. To achieve that aim, India may encourage diversity in AI technology development
and prioritise the use of unbiased data sets. Finally, a robust regulatory
framework for artificial intelligence in healthcare may help ensure that these
technologies are used ethically and responsibly while also increasing patient
care and improving health outcomes. In Europe also, AI and health careare the
cause of concern. The increase in automation and digitalisation is changing the
healthcare landscape for ever.[9]
5. AI and government websites:
Building an Inclusive Digital Society
To ensure that AI is used morally and
justly, interactions must follow the law of the state. This means that AI
systems cannot discriminate against any group or individual and must be
transparent about how they make judgements. Furthermore, developers must take care
to limit the possibility of bias in historical data. This can include utilising
diverse data sets, installing algorithmic audits, and routinely testing for
fairness. Policymakers must set laws and regulations for the construction and
application of AI systems and ensure that they are held accountable for any
harmful consequences on society. Responsible use of AI ultimately involves
collaboration between developers, legislators, and society at large to ensure
that these systems are used ethically and responsibly. There are various other causes
of concern also, such as the prospect of job loss as a result of automation. We
are experiencing too many cases of layoffs, and a maximum of the corporate are
digital in nature, such as Metaverse, Facebook, Amazon, etc. And in all these
cases, the issue is automation. Many of the activities which earlier were
performed by human beings are replaced by AI, which is not only very economical
but is also efficient.[10]While
AI has the potential to increase production and efficiency, it may also result
in huge job losses. This could be a problem.
6. Conclusion
In conclusion, the future of AI and
law in India promises both enormous prospects and severe obstacles. There are a
lot of challenges. Artificial intelligence has the ability to completely
transform the legal industry, significantly improving both productivity and
access to justice in the process. However, its deployment needs to be addressed
with caution and careful consideration of ethical, privacy, and accountability
problems while it is being planned.[11]
As was previously said, artificial
intelligence may assist legal practitioners in various areas, such as legal
research, contract analysis, and predictive analytics. AI technologies have the
potential to assist attorneys in optimising their use of time and offering
superior legal services to their clients by automating routine processes as well
as providing insightful information. In addition, the use of tools powered by
AI can make the process of conflict resolution easier, thereby easing the
workload of the judicial system and facilitating the delivery of justice in a
more timely and effective manner.
However, the incorporation of AI into
the legal sector necessitates the establishment of a comprehensive framework
that takes ethical concerns into account. It is necessary to develop algorithms
that assure fairness, transparency, and accountability, and it is also
necessary to implement tools that can discover biases in AI systems and help
eliminate them. Concerns pertaining to privacy must also be considered,
particularly with regard to the use and storage of sensitive legal data.It is
essential for legal experts, technologists, politicians, and other stakeholders
to collaborate and communicate effectively in order to secure a prosperous
future for artificial intelligence (AI) and law in India. Establishing
regulatory frameworks that regulate the development and deployment of
artificial intelligence technology is crucial. These frameworks should strike a
balance between innovation and protection to protect the rights and interests
of individuals.
In addition, those working in the
legal industry must become accustomed to the shifting conditions and gain the
knowledge and abilities essential to collaborating successfully with AI
systems. In order to cultivate a culture of AI literacy within the legal
community, it is important to support and encourage programmes of continuous
professional growth and training.
In conclusion, the future of AI and
law in India holds significant promise; nevertheless, it will require
meticulous planning, ethical concerns, and proactive actions to realise that
promise. India is in a position to make use of the potential of AI to improve
the country's judicial system and make it more accessible and effective for all
citizens if it adopts technology related to artificial intelligence (AI) while
maintaining the essential ideals of justice, fairness, and accountability. The
need is to adopt AI in the broader context of diversity so that the last person
standing in the queue should also take the benefits of AI.[12]
[2] See Pascal D. König, Tobias D.
Krafft, Wolfgang Schulz, and Katharina A. Zweig, “Essence of AI: What Is AI?”,
in Larry A. Dimatteo, Cristina Poncibo and Michel Cannarsa (editors), The
Cambridge Handbook of Artificial Intelligence global perspectives on law and
ethics, 1st edition (Cambridge University Press, 2022) p. 18.
[3] Amazon has developed AI Alexa,
which interacts with the human beings automatically and respond back in the a
real time. Initially it started with setting the alarm. But, now a days, Alexa
provides all the information to the individual. It also assists in creating
music list on the amazon prime.
[4] See Carl Vander Maelen, Eva
Lievens, Judith Vermeulen and Ingrida Milkaite, “AI and Data Protection: the
Case of Smart Home Assistants” in Jan De Bruyne Cedric Vanleenhove(eds.), Artificial
Intelligence and the Law, 1st edition (Intersentia publishers, 2021) p. 173
– 206.
[5] Refer Amitai Etzioni and Oren
Etzioni, “Should Artificial Intelligence Be Regulated?”, Issues in Science and
Technology, SUMMER 2017, Vol. 33, No. 4 (SUMMER 2017), pp. 32-36, 34.
[6] See Simon Chesterman, We, the
Robots? Regulating Artificial Intelligence and the Limits of the Law, 1st
edition (Cambridge University Press, 2021)p. 15, 31 and 63.
[7] Article 14 of the Constitution of
India 1950 provides for ‘equality before the law’ and ‘equal protection of
laws’ to all individuals.
[8] See Vidushi Marda, “Artificial
intelligence policy in India”, Philosophical Transactions: Mathematical,
Physical and Engineering Sciences, 28 November 2018, Vol. 376, No. 2133, Theme
issue: Governing artificial intelligence: ethical, legal, and technical
opportunities and challenges (28 November 2018), pp. 1-19.
[9] See TittiMattsson,
"Editorial: Digitalisation and Artificial Intelligence in European
Healthcare", European Journal of Health Law, 2019, Vol. 26, No. 4 (2019),
pp. 285-288, 286.
[10] See Rebecca Knight, “A 2nd round
of layoffs at Meta and Amazon shows companies are taking back their power — and
they may not stop there”, Business Insider India, March 22, 2023,
https://www.businessinsider.in/careers/news/a-2nd-round-of-layoffs-at-meta-and-amazon-shows-companies-are-taking-back-their-power-and-they-may-not-stop-there/articleshow/98881069.cms.
[11] SeeSunil Kumar Srivastava,
“ARTIFICIAL INTELLIGENCE: WAY FORWARD FOR INDIA”, Journal of Information
Systems and Technology Management – Jistem, USP Vol. 15, 2018, e201815004 ISSN
online: 1807-1775 DOI: 10.4301/S1807-1775201815004.
[12] See Legal Eduard Fosch-Villaronga
and Adam Poulsen, “Diversity and Inclusion in Artificial Intelligence" in
Bart Custers and Eduard Fosch-Villaronga, Law and Artificial Intelligence
Regulating AI and Applying AIin Legal Practice, 1st edition (Asserr Press,
Springer, 2022) p. 109.
Article Information
LAW AND ARTIFICIAL INTELLIGENCE
Authors: PROF. DR. MAHAVIR SINGH KALON
- Journal IJLRA
- ISSN 2582-6433
- Published 2023/06/06
- Volume 2
- Issue 7
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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