THE LEGAL CHALLENGES OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING

ABSTRACT

Artificial Intelligence and Machine Learning, one of the recent marvels of modern technology has been growing at a rapid pace, providing numerous opportunities and unprecedented growth. These technologies have slowly started seeing their integration in every aspect of our society, ranging from mundane tasks such as cleaning to critical tasks such as banking and healthcare. However, this growth is also followed by its own set of challenges some of which were previously unheard of. While these technologies are highly efficient and innovative, they introduce several complex legal, ethical and regulatory issues. This article addresses legal challenges faced when dealing with Artificial Intelligence and Machine Learning, primarily focusing on the Intellectual Property Rights, data protection, liability, and ethical dilemmas. This article tries to assess the current legal frameworks in India and internationally in order to find gaps and propose solutions to address the challenges faced due to the newfound technologies of Artificial Intelligence and Machine Learning.

INTRODUCTION

Artificial Intelligence (AI) and Machine Learning (ML) have become an integral part of the modern world’s technology. In the present day, these have not only found their way in mundane tasks such as cleaning by the means of vacuum robots but also have become a part of important scenarios such as managing finance, banking and healthcare. Artificial Intelligence has gone through many stages of change in its journey of being widely used, this also includes the opinions formed in the legal field relating to its regulation. The dynamic nature of Artificial Intelligence which uses Machine Learning to constantly improve and learn all on its own poses many challenges in its regulation and accountability. The ability of these machines to work autonomously, make decisions, and evolve without human intervention disrupts the legal principles and frameworks. Due to these issues, it has become ever so important that laws are made and improved to address these challenges while ensuring maximum benefit for humanity.

UNDERSTANDING ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING

Artificial Intelligence is a field of science that deals with building computers and machines that can learn, reason and perform tasks that would normally require human intelligence, essentially behaving as a synthetically created intelligent form. Artificial Intelligence is made by software developers and computer programmers by applying various complex technologies and methods such as machine learning, computer vision, deep learning, neural networks, etc. that ultimately help the computers in attaining the ability to be able to analyse and contextualize data to solve problems on their own.[1]

Artificial Intelligence (AI) and Machine Learning (ML) are often used interchangeably to refer to machines that can autonomously perform tasks. However, Machine Learning is a subset of Artificial Intelligence. Artificial Intelligence refers to the general ability of machines and computers to be able to mimic human thought processes and perform tasks in the physical world, whereas, Machine Learning refers to the technology and algorithm that enables systems to recognize patterns, and by means of those patterns derive data to train and improve themselves without much human intervention.[2]

LEGAL CHALLENGES

The complexities arising between Artificial Intelligence and existing legal frameworks arise primarily due to the rapidly evolving technology. Artificial Intelligence systems, especially those with the ability to learn and develop on their own such as the ones that run on machine learning algorithms, can perform tasks that traditionally were exclusive to humans. This ability raises questions about copyright ownership, liability, accountability, privacy and ethical considerations.[3]

AI-generated works have been seeing an upsurge in the past few years because of the ability of generative models to be able to perform tasks such as writing and painting. These works pose the question of determining ownership and copyrights, ultimately expanding the intellectual property laws. For instance, when an Artificial Intelligence creates a painting, the legal system has to answer multiple questions such as whether the work can be copyrighted, and if it can be, which entity holds the copyright for the painting generated, the programmer who created the AI, the AI itself, or the user who entered the prompt for the creation of the work. This question was recently answered in August 2023 by the U.S. District Court for the District of Columbia, wherein the court decided that AI generated works cannot be copyrighted.[4]

Another issue that comes along with Artificial Intelligence and Machine Learning is the fact that these technologies vastly rely on the data they are provided to learn and train themselves. This primarily raises concern when personal data is being used without explicit consent, which may lead to potentially breaching privacy laws. As of now in India, there are no dedicated regulations for AI but existing laws such as Digital Data Protection Act, 2023 (DPDP Act) and Information Technology Act, 2000 try to regulate and provide a framework for training these Artificial Intelligence systems whilst protecting digital data and privacy of individuals.

Further, Artificial Intelligence systems are infamous for raising another concern, namely, the issue of transparency, accountability and explain ability. These autonomous machines are created by integrating various complex technologies and methods that ultimately result in reducing the explain ability of the system. The code written by programmers is often meant to emulate a human thinking process which uses a method called neural networks by using technologies such as Machine Learning and Deep Thinking. These networks form a complex web wherein the computer on its own learns to discard the unnecessary information, training itself by segregating the desired data and analysing it, this renders it impossible for even the code developers to understand how the variables lead to the predicted output, leading to the popular issue, known as the “black box” problem.[5]

CURRENT LEGAL LANDSCAPE IN INDIA

The laws in India have been evolving at a significant pace to keep up with the constantly changing technologies and innovations. Recent updates and proposed frameworks in the legal system have taken a more comprehensive approach, aiming to tackle the challenges proposed by these innovations and technologies efficiently while making sure that growth and innovation is promoted. However, even with the constant efforts India still lacks any sort of specific law that caters specifically to Artificial Intelligence.

As India lacks any specific legislation that directly regulates Artificial Intelligence, it may raise some concerns. However, there are numerous other legislations that regulate the workings of these technologies and related issues. The Information Technology (IT) Act, 2000, is one such act. It was the first act that was made specifically with the purpose of handling issues regarding cybersecurity and data protection. Various sections such as the Section 43 of IT Act, 2000, answer to the issues related to the unauthorized collection of data which consequently also applies to the data collected by the Artificial Intelligence in its training and learning process. This law is expected to soon be replaced by the upcoming Digital India Act (DIA) which aims to establish a more advanced framework for governing AI, data privacy, and surveillance.[6]

Further, the Digital Personal Data Protection Act (DPDP), 2023, has been introduced recently to govern the collection and processing of personal data which directly impacts the collection and handling of user data by Artificial Intelligence. Other than this, Intellectual Property Rights (IPR) laws such as the Copyright Act, 1957 obligates the user of Generative AI to obtain permission to use their works for commercial purpose provided they do not fall under Section 52 of the Copyright Act, 1957.[7]

Through these existing legal frameworks, India continues to sail through the hurdles provided by the growing Artificial Intelligence. Though, the existing laws have been able to tackle challenges by these technologies but the need for a specialized law that deals with Artificial Intelligence and Machine Learning persists.

RECOMMENDATIONS FOR ADDRESSING LEGAL CHALLENGES IN ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING

Artificial Intelligence (AI) and Machine Learning (ML) have become part of nearly every sector, introducing opportunities for unforeseeable growth along with challenges that were never seen before. Tackling these challenges require a multi-dimensional approach that ensures the efficient growth while ethical and legal safeguards are upheld.

One way to approach this is to introduce AI specific laws. Artificial Intelligence and Machine Learning technologies are such complex technologies that demand for specialized laws that answer the issues that existing laws are having a hard time handling. The current laws are often adopted from traditional frameworks, these have been able to handle the situation so far but cases continue to arise due to the autonomous nature of these machines that leave the current framework in state of jeopardy. As of now, our legal framework does not define what exactly an AI is which should be dealt with to ensure clarity in jurisdiction and regulations of these technologies.

Another approach to the better handle Artificial Intelligence and Machine Learning technology is to follow the European Union’s Artificial Intelligence Act, the world’s first comprehensive AI act. One of the main features of the act is classification of Artificial Intelligence based on risk levels. The risk levels allow for categorization of AI applications which enable proportionate obligations and rules to handle the same. For instance, low-risk systems such as AI chatbots may only need transparency requirements; whereas, high-risk systems like biometric surveillance should undergo rigorous testing, certification and should have mandatory supervision.[8]

Artificial Intelligence systems especially those trained through Machine Learning models are often met with the issue of explain ability and transparency due to the “black box” problem. This complicates the questions of liability when harm occurs. Governments can tackle these issues by establishing liability frameworks that hold code developers, deployers and users accountable based on the level of control they had over the system. And system developers can be mandated to create code that is explainable to some extent and keep detailed documentations of the decision-making processes of these machines.

Content created by Artificial Intelligence often leads to dispute over determining ownership. As AI systems continue to evolve, they are slowly being able to enter into industries that were previously exclusive to humans such as creating music and art. Legal frameworks can resolve this by defining beforehand who has the ownership of AI generated works, whether it can be the person who is controlling the AI system or the rights are shared between multiple stakeholders such as developers and users.

These recommendations may not be adequate in resolving all the difficulties faced and may only be a drop in the ocean of creating a legal framework that efficiently balances innovation with regulation. However, the rapid advancement of AI and ML technologies present legal challenges that demand immediate attention. By application of these measures, one step towards the larger picture can be taken and help in creating an ecosystem where AI serves humanity ethically and responsibly.

CONCLUSION

Artificial Intelligence and Machine Learning present transformative opportunities for society and humanity as a whole. However, their rapid progression also brings unprecedented legal and ethical challenges that demand robust legal systems also ensures ethical standards are met. Governments must enact specific legislations for Artificial Intelligence that keep pace with technological evolution, along with period reviews of laws to ensure they are constantly updated to reflect the developing technological landscape along with the needs and demands of the society. Nonetheless, it is evident that steps are being taken in the right direction by government of countries in not only enacting laws but also in raising awareness amongst their citizens to ensure efficient and desired growth towards a utopian world wherein Artificial Intelligence serves humanity with harmony in ethical, social and legal spectrum.

 

REFERENCES 

[1] Stela Enver Mecaj, ‘Artificial Intelligence and legal challenges’ (2022) 20(34) Revista Opinião Jurídica (Fortaleza) 180

[2] ‘Artificial Intelligence (AI) vs. Machine Learning’ (Columbia Engineering, 3 October 2023) <https://ai.engineering.columbia.edu/ai-vs-machine-learning/> accessed 17 January 2025

[3] ‘5 key AI legal challenges in the era of Generative AI’ (Epilogue Systems, 3 July 2024) <https://epiloguesystems.com/blog/5-key-ai-legal-challenges/> accessed 17 January 2025

[4] Thaler v. Perlmutter, 687 F. Supp. 3d 140 (D.D.C. 2023)

[5] Mohammad Usman Khan, ‘Artificial Intelligence and Liability’ (Juris Centre, 25 October 2023) <https://juriscentre.com/2023/10/25/artificial-intelligence-and-liability/#:~:text=The%20legal%20system%20faces%20a,lead%20to%20the%20predicted%20output> accessed 18 January 2025

[6] ‘Artificial Intelligence in India – 5 Key Legal Impacts’ (Maheshwari & Co., 28 December 2024) <https://www.maheshwariandco.com/blog/artificial-intelligence-in-india/#:~:text=Information%20Technology%20(Intermediary%20Guidelines%20and,through%20AI%2Dbased%20tools%E2%80%8B.> accessed 18 January 2025

[7] Press Information Bureau, ‘Existing IPR regime well-equipped to protect AI generated works, no need to create separate category of rights’ (09 February 2024) <https://pib.gov.in/PressReleasePage.aspx?PRID=2004715#:~:text=granted%20by%20the%20Copyright%20Act,52%20of%20the%20Copyright%20Act.> accessed: 18 January 2025

[8] ‘EU AI act: First regulation on artificial intelligence’ (European Parliament, 08 June 2023) <https://www.europarl.europa.eu/topics/en/article/20230601STO93804/eu-ai-act-first-regulation-on-artificial-intelligence> accessed 18 January 2025