Written by Syed Suhaib The author is a law student pursuing LLB from UILS Chandigarh University.
Introduction
“AI is not new, but it is certainly having a moment,” said Christina Montgomery, vice president and chief privacy and trust officer at IBM, in a U.S Senate hearing on AI oversight. This committee aimed to understand and mitigate the risks of AI and the technologies powered by it. Sam Altman, CEO of OPEN AI, attended the hearing as well and enunciated his proposal to mitigate the risks of AI by working with government agencies. Regulating the technology of AI is a mainstream and profoundly debated subject matter. In lieu of this, it becomes quintessential to meticulously articulate the significance, privileges, precedence, shortcomings, and cause-and-effect of the technology of AI, especially within the sphere of legal jurisprudence. AI has proven to be beneficial to society at large by providing insights to the experts in medical, legal, engineering, etc fields. The intriguing thing to consider here is that AI is not just available to the experts, but is fundamentally open to the public at large. Even with a smartphone, the technologies powered by AI can accessed. AI is capable of providing solutions to abundant tasks including writing an email or an essay, providing news references, providing insights to the researchers, editing etc.
However, AI is also capable of spreading misinformation and bias (similar to social media). For instance, the results generated by the Chat GPT (an AI-powered chatbot) are based on the input/data model it has received during the testing phase. It cannot provide results based on real-time data as it is not connected to the internet thus, the output that it generates can be subject to bias because of the input it receives. However, newer models of CHAT GPT like GPT – 4 have access to the data available on the Internet and can provide results based on real-time data. Consequently, it becomes imperative and integral to democracy to regulate this technology by mitigating the pitfalls to ensure justified usage. In the Indian legal system, the utilisation of AI has been promoted and has proved to be groundbreaking. Contemporarily, it has assisted in the translation of proceedings and assisted in deciding certain cases. This initial inclusion is just the tip of the iceberg of the technology of Artificial Intelligence as it is being adopted on an experimental basis. AI technology has attracted such widespread public consideration in lieu of which it requires regulatory intervention to avert the misapplication of this advanced technology.
Advocating for Vigilant Guardianship: Arguments in Favor of Strict Oversight
There is a case of a lawyer in New York who used ChatGPT to draft a court submission and the chatbot created a motion with falsified legal cases and quotes. It is opined that the lawyer who failed to verify the facts before submitting the court submission can be held liable for this incident and not the AI. The lesson to comprehend is not to condemn the technology of AI but to recognise it as a tool in its early stages with the potential to fundamentally change the legal terrain. Sam Harris, perhaps one of the most influential philosophers of the modern century in his TED Talk lecture, “Can we build Artificial Intelligence without losing control over it?” contends that we should be cautious of Artificial Intelligence or for that matter any ‘Artificial Super-Intelligent Machine’ because the risks pertaining to the development of Artificial Intelligence have not been thoroughly assessed or even addressed. Harris also asserts that these intelligent machines may begin to evolve in such a manner that may or may not be predicted. Harris’s profound perception enunciates that it is advisable to be cautious of AI bypassing human intelligence and evolving into a superior intelligence being on its own if left unbounded. Subsequently, in another TED Talk titled “Developing Artificial Intelligence is Humanity Building Some Sort of God”, Harris, enunciates that the development of super-intelligent beings is not only conceivable but also inevitable.
This is one of the constructive criticisms supported by abundant experts in the field of Artificial Intelligence. To counter this cogent supposition, there should be a ‘parallel development’, which implies that while deploying the technology of AI, there should be a check on its power, to prevent it from getting on the wrong sides of the tracks. To abridge, it elucidates that, to regulate the capabilities of AI, it is substantial to place reasonable and justified restrictions on it. Because the detrimental aspects of AI applications can have adverse effects on the users. This is why there must be a profound ‘Parallel Development’ in Artificial Intelligence as it develops and evolves. Even the tech-billionaire business tycoon, Elon Musk in March 2023 opined a 6-month break from the usage of Artificial Intelligence, based on the opinion that it poses profound risks for society at large. Whether this opinion was meant to put a halt to the usage and development of Artificial Intelligence so that billionaires could construct a similar Artificial Intelligence technology as well or that he genuinely cared for the society at large remains unknown. The regulation regarding the development and usage of Artificial Intelligence will require an immense international collaboration to create a barrier for its detrimental aspects. Apart from AI Chatbots, innovations in Artificial Intelligence include new browser plugins, artwork creation, advising users, and providing well-articulated responses in the plethora of emerging and developing fields. The ‘parallel development’ might be an utmost priority because of the fact the experts in the field of Artificial Intelligence are warning contrary to its development. Geoffrey Hinton, who is considered the ‘Godfather’ in the field of Artificial Intelligence has enunciated his concerns regarding the development of Artificial Intelligence and the detrimental impact it would have on the world by alleging that the intelligence rate of Artificial Intelligence can indubitably outsmart the human race. He expressed his views with BBC News and stated that the development of Artificial Intelligence should not be put to a halt rather the worst-case scenario should be considered. Even the CEO, of the tech giant Google Sundar Pichai, expressed his blunt assessment that even he does not understand everything that BARD (Google’s emerging Artificial intelligence-powered chatbot) does.
AI Regulatory Constancy: A Pledge to Unyielding Legal Oversight
The conundrum of how AI technology can be kept under oversight extends to more than implementing rules and regulations. It requires more profound technological knowledge than legal expertise. The basis for regulation can be traced back to AI’s testing phase where a plethora of data models along with machine-learning algorithms is utilised to train AI. These data models and machine-learning algorithms are subjected to bias due to several reasons which include lack of diverse perspectives, regulatory gaps, objective function bias etc. In the absence of any statutory regulation, the measures to limit the adverse effects of AI are limited. Nevertheless, some measures are being adopted in certain fields to withstand the perilous effects of AI. For example, certain institutes are adopting AI detection software to check plagiarism on assignments and other subsequent works to ensure the authenticity and reliability of the work. This also acts as a bounded measure to avert any unconditional dependency on AI.
As far as the regulations are concerned, countries like China, Australia, Europe and the U.K. are prophesied to introduce statutory regulations. India contemporarily is not considering anything like this as enunciated by the current I.T minster, Ashwini Vaishnaw. The drafts from the Indian Committee Session NITI Aayog of 2020, 2021 and 2022 have suggested that the Indian government does intend to preclude the detrimental aspects and support the development and adoption of AI and the technologies powered by it. Rajeev Chandrasekhar, Minister of State for Electronics and Information Technology, also affirmed that India will regulate AI just like any other technology to ensure user protection. Europe is also expected to[2] introduce an ARTIFICIAL INTELLIGENCE ACT. which is anticipated to be a ‘Landmark Piece’ of EU legislation. This will ensure oversight of the development and usage of AI. If the regulation pans out well, other countries will also be considering imitating the same. Brazil is also considering introducing a separate legislation. It must be noted that the underlying problem the lawmakers are encountering is defining Artificial Intelligence.
Denouement:
The emergence of AI and its associated technologies has left us at a crossroads, torn between embracing this innovation with enthusiasm or approaching it with cautious concern. The concept of 'Parallel Development,' where AI's unbounded measures are regulated, emerges as an imperative and imminent approach to ensure that AI remains a tool that augments human abilities rather than supplants them. To achieve this balance, robust and well-articulated regulations must be implemented. Implementing rigorous regulatory measures is essential to prevent AI from being exploited by malicious individuals or entities. Collaboration at the international level is quintessential as AI's impact transcends borders. While AI has the potential to revolutionize fields like healthcare, engineering, law, etc absolute dependence on it should be averted. Human oversight and critical thinking must remain integral to decision-making processes involving AI-generated outputs. Measures like cross-checking AI-generated work, detecting plagiarism, and addressing copyright concerns in AI-generated art can be implemented to mitigate risks. The legal system's cautious adoption of AI is evident in its experimental use, such as live transcriptions of court proceedings. While such implementations have shown promise, ethical considerations and potential misuse must be constantly monitored. The development and deployment of AI should prioritize transparency, fairness, and adherence to ethical principles. As nations worldwide grapple with the complexities of regulating AI, collaborative efforts are integral to setting comprehensive guidelines. The examples set by countries like Europe and Brazil in introducing AI-specific legislation can serve as models for other nations. In conclusion, the enigmatic path of Artificial Intelligence presents boundless possibilities that require responsible regulation. The oversight regulations will allow humanity to harness the potential of AI while safeguarding against its risks. A balanced approach will ensure that AI continues to serve as a tool for progress, enhancing human capabilities and advancing the world responsibly and inclusively.
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