LEGAL IMPLICATIONS OF AI

‘To reduce the humongous number of pending cases, AI may sound helpful, but just like any machine, AI has its limitations’.

                       — Tanaya Das, Kolkata-based research scholar working on AI

Artificial intelligence (“AI”) technology has developed remarkably in recent years. AI continues to transform the world where we live, and it is discovering many unexpected and fascinating applications in an array of industries. However just like tremendous power also comes with great responsibility, using AI also poses a lot of moral, societal, and legal issues. Artificial intelligence offers an enormous opportunity for transforming how law is practiced in India. 

SOME OF THE MOST SIGNIFICANT LEGAL IMPLICATIONS AND LIMITATIONS BROUGHT FORTH BY AI TECHNOLOGY ARE:

1. Intellectual Property

Technology has been used for developing creative works like music, painting, and writing, generating concerns about who owns the copyright to these works. In some instances, the copyright is owned by the person or organization that built the AI system, and in others, the copyright is owned by the person or organization that provided the data or training that the AI system utilized to make the work as According to the law, machines can’t own copyright or patents.

2. Privacy and Data Protection

AI technology frequently relies on enormous volumes of data to perform successfully, which presents privacy and data protection problems. As a result, various laws and regulations have been enacted across the world to protect personal data.

3. Liability and Accountability

AI systems may make decisions and execute acts on their own, raising concerns about who is accountable for the consequences of those decisions and actions. As AI technology advances and becomes integrated into more aspects of our lives, it will be critical to create clear norms and criteria for responsibility and accountability.

4. Discrimination and bias

If AI systems get trained using biased data, they may become biased. Legal professionals have to tackle the possibility that AI could strengthen current prejudices and guarantee that their clients’ usage of AI does not discriminate against any protected classes.

5. Regulation and Disclosures

 Some states are beginning to regulate AI under general data privacy legislation and employment law, specifically requiring firms to report whether or not they utilize AI in job interviews. There are concerns about the transparency of AI systems and the need for disclosures.

6. Legal research

Artificial intelligence (AI)-based software and programs are improving the authenticity, accuracy, and result-oriented ness of research and analysis, giving lawyers instant access to a wealth of information about the Indian legal system. However, AI can’t automate analysis, decision-making, or representation in the legal field.  Artificial intelligence, or AI, may help attorneys and judges in India’s judicial system reach quick decisions. However, the deployment of AI in the Indian court system is often challenging since the computer cannot make judgments. As each criminal case has a unique set of facts, generalizing AI to all criminal laws is not feasible. As a result, it can be difficult for AI robots to capture every data point.

ADVANTAGES OF ARTIFICIAL INTELLIGENCE

1. Automation of Documentation

 it’s becoming increasingly prevalent to use AI legal software to analyze a contract, do legal research, or conduct electronic discovery activities as part of due diligence.  By providing the required papers, you may have your legal documentation prepared in a matter of minutes.

2. Electronic billing

This aids in the preparation of invoices by solicitors and legal firms based on the volume of work completed. Therefore, a lawyer can fairly bill their customers for the work they have done. Both clients and solicitors gain from this.

3. Prediction Technology

It is becoming more and more common to use AI legal software to go over a contract, do legal research, or engage in electronic discovery tasks as part of due diligence.

4. Legal analytics

 Based on data collected from earlier cases, lawyers can also use precedents and rulings offered by AI in their present cases.

5. Tax law

Tax law is one data-heavy, intricate, and often laborious topic that presents itself well to AI. AI is used by taxing bodies all around the globe to detect fraud and tax evasion. AI for legal professionals may provide comparable services, such as ensuring clients’ tax status or disputing fraud accusations, and it can detect anomalies in a client’s tax files. Similarly, AI programs may study previous tax litigations to uncover precedents that can be used to defend clients.

6. Cooperate law

Since there is more risk, due diligence in business situations is sometimes much more time-consuming than disagreements between individuals. Although AI’s efficiency advantages are crucial in this situation, its accuracy may be more significant. Computer programs are perfect for these data-intensive, analytical activities since they don’t have that problem. AI can help lawyers for corporations guarantee that the contracts they draft for their clients are as advantageous as possible. Similar to that, these kinds of programs could bring focus on problems or errors in the opposing party’s draughts.

LEGAL IMPLICATIONS OF AI IN INDIA

AI provides potential benefits for society, including enhanced healthcare, education, transportation, and entertainment. However, AI raises privacy concerns, as well as bias, discrimination, and security dangers. In India, artificial intelligence has presented both opportunities and difficulties. The Copyright Act of 1957 regulates the matter of creative works in India. Whenever it pertains to AI-generated works, India falls short of inclusion. The statute defines the “author” as the individual who enables the creation to be made, which might be either a human or a legal person. Authorship is not granted to AI systems under this concept. In several judgments, Indian courts have reinforced this view, stating that artificial intelligence systems cannot be deemed creators of copyrighted works.

On the other hand, The Punjab & Haryana High Court denied bail in the matter of Jaswinder Singh v. State of Punjab [1]because the prosecution claimed the petitioner was involved in a vicious deadly attack. The sitting court sought information from ChatGPT to acquire a broader perspective on granting bail where cruelty is involved. It is crucial to emphasize, however, that this mention of ChatGPT does not reflect a view on the merits of the case, and the trial judge will not take these remarks into account. The reference was made merely to offer a more comprehensive knowledge of bail jurisprudence where cruelty is an issue.

LAWS IN INDIA GOVERNING AI

While personal data is protected by the fundamental right to life and some elements of the Information Technology Act of 2000, data that is not personal data is not controlled by special legislation.  Furthermore, when data is anonymous, it no longer becomes ‘personal’ and may be utilized for a variety of examinations.  The application of AI for malicious intent has recently expanded significantly. For example, flaws in machine learning models are frequently exploited to launch hostile attacks that have substantial real-world consequences. To successfully deal with such circumstances, certain legislation is necessary.

However, in 2018 the Ministry of Electronics and Information Technology (MeitY) established four committees to encourage artificial intelligence efforts as well as establish a regulatory framework.

APPLICATIONS OF LEGAL AI IN INDIA

1. SUPACE

The Supreme Court Portal for Assistance in Courts Efficiency, or SUPACE, an AI-powered platform, has been introduced to increase the efficiency of Indian judges and legal researchers by reading case files, extracting relevant information, managing teamwork, and drafting case papers.  SUPACE is a unique solution that is adjustable and functions differently depending on the user. Based on increasing platform usage, the AI in it adjusts and adopts user behavior.

2. SUVAS

 A machine learning technology, Supreme Court Vidhik Anuvaad Software (SUVAS), is being utilized for translating Supreme Court judgments into vernacular languages. The Supreme Court has begun translating daily decisions and judgments into Assamese, Bengali, Hindi, Kannada, Marathi, Odiya, Tamil, Telugu, and Urdu. They have translated at least 300 papers thus far, with most of them available in Hindi. The program seeks to enhance litigants’ access to justice by providing them access to information. Civil disputes, criminal problems, landlord-tenant conflicts, marriage troubles, and other documents are a priority.

CONCLUSION

AI technology is growing and becoming increasingly common in a variety of sectors, including manufacturing, healthcare, and finance. Legal professionals therefore need to be conversant with a fresh set of legal issues that are brought on by this technology. Using the services of AI-based software and programmers may drastically reduce the time and effort required of a lawyer while allowing companies and legal firms to provide suggestions to clients that are more genuine and focused on results. Artificial intelligence (AI)-based and automated helping technologies won’t take the position of lawyers; instead, they’ll make them more effective and informed while automating a variety of clerical tasks.  More artificial intelligence (AI) and automated assisting tools and software are highly anticipated in India, where the legal industry is still in its infancy. 

[1] Jaswinder Singh v. State of Punjab CRM-M-29796-2021