ARTIFICIAL INTELLIGENCE AND ITS CHALLENGES
In computer science, the term artificial intelligence (AI) refers to any human-like intelligence exhibited by a computer, robot, or other machine. In popular usage, artificial intelligence refers to the ability of a computer or machine to mimic the capabilities of the human mind—learning from examples and experience, recognizing objects, understanding and responding to language, making decisions, solving problems—and combining these and other capabilities to perform functions a human might perform, such as greeting a hotel guest or driving a car.
In artificial intelligence the terms problem solving and search refer to large body of core ideas that deal with deduction ,inference ,planning ,common sense reasoning the or improving, and related processes. Applications of these general ideas are found in programs for natural language understanding, information retrieval, automatic programming, robotics, scene analysis, game playing, expert systems, and mathematical theorem proving.
Our robot needs to understand commands and instructions from its owner (us). We use natural language processing to not just recognize speech, but understand intent for the robot to create goals consistent to what we want it to do.
The Union Ministry of Commerce and Industry report in 2018 identified 10 major sectors which can be transformed with the help of AI.These include manufacturing, financial technology or FinTech, agriculture, health sector , technology for the differently abled, national security, environment, public utility services, retail and customer relationships and education. The report specifically sought to understand what must be the role of the government and how AI can solve problems at large scale. It suggested,inter alia,the establishment of a nodal agency, the National Artificial Intelligence Mission that would coordinate AI-related activities in India.
NITI Aayog’s National Strategy for Artificial Intelligence: The National Institution for Transforming India (also known as ‘NITI Aayog’), a government-runthink tank, has been tasked with producing a national AI policy to direct the government’s AI efforts . In an effort to boost economic productivity in India, NITI Aayog teamed up withGoogle in early May 2018 to train and incubate start-ups that look to develop and integrate AI-based solutions in their business models . NITI Aayog also focuses on data privacy legal connection to protect human rights and privacy and also developing a sector which can regulate guidelines covering privacy, security and morals or ethics.
- There are many challenges incompletely eliminating man power or we cannot totally depend on AI and how these systems will be able to a simple decision that needs human complex minds. The whole AI system depends on data that we feed or store inside big systems. Now the question can come in your mind what and how much data can be given to Al. Example: In the last 5 year, we must have heard the leaking of personal data of many famous personality like Elon musk who is in the business of AI.
- The next challenge as I mentioned above is of data privacy. Currently we have law on privacy i.e. Right to privacy under article -21 but is it enough to regulate individual privacy especially with respect to AI.
- Currently India does not have any specific legislation to deal with AI and that is the biggest problem with legal system i.e. the technology is evolving but our legislation or laws remain the same.
- Next Challenge in front of Indian Legal System is – Can AI be given a legal status? Or can it be considered as a separate legal entity? Will AI can be permitted to drive a car? (Automated electric car- Tesla). If AI commits a crime what punishment would be awarded? Do we have law to handle these legal issues?? Can a Chabot or chat robot (apple’s Siri/ amazon Alexa ) be liable, if commits error with personalized data of person? -AI in the form of chatbots interacts with customers on websites.
- Now we come to Indian laws- can AI be applicable to certain laws and what will be challenges in its applicability like for example – the copyright act, 1957.
the Author, is defined under section 2(d) of Copyright Act 1957, as:
“Author” means, –
- in relation to literary or dramatic work, the author of the work
- in relation to a musical work, the composer
- in relation to an artistic work other than a photograph, the artist
- in relation to a photograph, the photographer
- in relation to a film, the owner of the film at the time of its completion and
- in relation to a record, the owner of the original plate from which the record is made, at the time of the making of the plate
Now the following question comes to our mind when we relate AI and section -2(d) of the Copyright Act, 1957 or the copyright act as a whole.
- Is Indian Copyright Act, 1957 have power or equipped to govern the AI?
- Who can be the author is case of work created by AI?
- Can AI be considered as separate legal status and the work created are protected there under?
- Do we need to amend labour law and other industrial law with respect to AI?
- Can AI be granted legal rights and duties?
Effective IT Law- In case of breach of Data protection framework, who is to be blamed in the absence of human intervention, because the data protection regime in India is alarmingly weak to match the pace of growth of AI. Broadly speaking, the Information Technology Act, 2000 is the only piece of legislation which ‘touches’ upon this subject. Whereas it is undeniable that certain safeguards pertaining to data protection and privacy have been laid down in Sections 43A and 72 of the Act, but the safeguards fall greatly short of ensuring actual protection because of the obscure nature of provisions, added majorly through amendments. It raises the need for comprehensive data protection legislation in India, on the lines of European Directive on Data Protection, UK Data Protection Act (1998).
AI policy in India, is not specifically defined in any of the legislation in India, whether its IT ACT, 2000, the copyright act, 1957, IPR act, the patent act,1970 other as well.
Like for example: sec- 3(k) of the patent act, 1970-it states that computer programs are not patent able until an AI application is attached to a hardware invention because a hardware is an essential component of such invention along with the software.
Next is the competition act, 2002 which promote the sustainability of the market, it also prevent the adverse effect on competition and to sustain competition in the market and ensure freedom of trade. In recent times, the dominant position in the market is enjoyed by the companies which uses AI in form or the other like google, face book, apple and many more. So the point is which any legislation on AI, it can be miss used by the companies without anyone noticing it. For example: a company can manipulate the market prize by using AI technology or can manipulate the data into their own favor or two or more company agree on similar prize for goods and services.
I would like to conclude that it’s high time for India to draft a legislation for governing an AI. The legislation should be made different for different sectors like agriculture, industry and commerce, defense etc. with a view of evolving and sustainable future.
Author: satyam jaiswal,
Navrachana University and 5th year/ lawyer