Unveiling the legal, ethical and policy implications posed by the use of Artificial Intelligence
The use of advance technology has become very common nowadays. The traditional days have gone where one used to go to libraries to read books and enhance their knowledge. In the contemporary world, the era of technology has taken over. Technology is the “actual application of scientific knowledge for practical purposes of human race”. Artificial Intelligence (AI) is one example of advanced technology. In this article, we aim to discuss what Artificial Intelligence is and how people have benefited from it. With this we shall shed some light on its legal, ethical and policy concerns along with the recommendations as to how can these concerns be addressed.
AI is a versatile tool that allows people to better integrate information, analyze data, and apply the insights gained to improve decision-making. In simple words, it is the simulation of human intelligence processed by machines and It is already revolutionizing every aspect of human life and it can be said that “ the future is already here, but it’s just not fairly distributed” (William Gibson), In addition to acting as our digital assistant, producing intellectual property, directing robotic surgeons as they execute life-saving procedures, and writing judgments, it is entrenched in our consumer products, our highways, and electricity grids. These varied examples raise the question of whether the legal framework for AI should be broad, considering the various application areas that collectively use similar AI techniques; or whether they should be focused on particular application areas that may need narrowly tailored regulations; or perhaps a hybrid approach will be required as it involves not only the legal but various other concerns including the ethical and policy ones.
“The development of full artificial intelligence could spell the end of the human race.”
~ Stephen Hawking
AI has almost taken over every aspect of life, according to a statement made by the President of Russia, the nation that masters AI “gets to rule the world” and it is right to large extent as with the advent of AI, not only the legal system or our daily lives have been impacted but also it paved its way into the warfare by various developed nations as well. Furthermore, it has the potential to change our life patterns, our work spaces, businesses and its even being apprehended that AI might take over many jobs of human as it has automated the tasks once done by human such as customer service, fraud detection, quality control, and there are areas where AI has found to be better than human in performing tasks.
Although AI has been very innovative and helpful invention but its implications are yet to be assessed, the significant impacts of AI include issues with law, corporate sector, governmental policy and ethics. These could be either positive or even negative depending upon the use and its regulation. It is not wrong to assert that its various long-terms effects are being underestimated and neglected, which might expose the present world to the challenges which include threats to safety, authenticity, justice, accountability and fairness. Considering the AI’s use in legal sector, there have been various case examples where AI has misinformed and even quoted the cases which were non-existent. Hence, it implies that AI cannot provide legal advice and the operators need to realize that instead of relying on this technology, it should be used as a catalyst or an aiding tool. Moving towards its use in automated cars and other such inventions, the challenge arises as to whether the existing regulatory structures protect the public from harm and maintain the economic competition or not. Another issue arises with regards to the liability of the offences caused by it for example if an accident occurs, who will be held liable, whether it would be a tort liability or a consumer protection case. It is imperative to initiate a policy discourse by evaluating whether the existing regulations sufficiently address the risks or necessitate adaptation to accommodate AI. The policymakers need to explore the avenues for adjusting these responses to reduce cost and barriers to innovation while preserving the public safety and market fairness.
The traditional rules cannot apply to AI as they have not been catered by them, the courts are facing a dilemma and they requires special rules in order to address challenges posed by AI. Certain laws and principles are available in relation to technological advancements, the laws relating to Intellectual property, defective products, unreasonable behaviors etc nevertheless it is for the courts and legislators to fit AI in the existing legal framework. Proper legislation should exist as a mere negligence may cause serious long-lasting damage and someone should be held accountable, one cannot sue a robot but can sue its manufactures. However, what the policy makers can do is introduce “AI certification process” where everything it does should be monitored as well as its liability would be limited whereas un-certified AI would face strict liability. In relation to medical practice, AI is doing surgeries, it is involved in making drugs and other medical devices, now as a machine it can think like a human but it can’t be a human and it can’t reach the human ethical level hence it needs to be monetized and adopt regulatory system of checks and balances, AI can be of man’s great help but it cannot replace a man’s job. The dependence on technology across occupations might result in “skill fade,” when workers stop using their talents and become less effective when the technology fails and this will be very alarming.
“Technology is a useful servant but a dangerous master”
~Christian Lous Lange, a Historian
Moreover, the judicial system has not yet been modernized with the technology, the courts are applying the traditional legal doctrines to the complex “inexplicable system” . The policymakers are facing a lot of challenges due to the current regulatory structure since it does not address issues related to AI, it is time change should be brought to the legal framework in a way it becomes constructive while mitigating its adverse effects. In order to make policies related to AI, a panel of experts is needed to brief the government officials regarding the technicalities. A study at Stanford University shows that the policies should not be strict rather they should be designed in a way where it tackles the major social concerns and support useful innovation.
Recently, a court in Pakistan made a legal decision by using Chat GPT, as per the judge, this was an experiment to test the capabilities of AI and determine whether AI can be efficient to assist the judicial system in passing “intelligent judicial orders” in line with the law. The case was related to a bail of a juvenile who was accused of a criminal offence. The decision was although based on human judicial mind and not on the answers provided by AI, however, he stated that; “AI has great potential to be explored by the judicial system of Pakistan” (Judge Amir Munir). He observed that if the judiciary develops friendship with AI by adding right questions, facts and figures, it can undoubtedly be beneficial for them if they do so and it will “reduce the burden on human judicial mind” as he puts it, by providing relevant and reliable answers. This experiment has highlighted the want for further discussion on Chat GPT as a tool for legal workers and tech experts are being told to work on the AI’s integration into the legal system in a “responsible and effective manner”. Despite the fact that Chat GPT can help lawyers, technology should not be used in place of human legal experience.
“In a few years artificial intelligence virtual assistance will be as common as the smart phones”
– Dave Waters
On the other hand, in the USA, one of the remarkable judgements with regards to the regulation of use of AI in the United States Bankruptcy Court Texas states that,
“If any portion of a pleading or other paper filed on the Court’s docket has been drafted utilizing generative artificial intelligence, including but not limited to ChatGPT, Harvey.Al, or Google Bard, the Court requires that all attorneys and pro se litigants filing such pleadings or other papers verify that any language that was generated was checked for accuracy, using print reporters, traditional legal databases, or other reliable means. Artificial intelligence systems hold no allegiance to any client, the rule of law, or the laws and Constitution of the United States and are likewise not factually or legally trustworthy sources without human verification. Failure to heed these instructions may subject attorneys or pro se litigants to sanctions”
This judgement upholds the utility of AI along with limiting its use to maintain the authenticity of the court proceedings. All the courts worldwide need to understand and take decisions which promote innovations and adapt to the advancing technologies and at the same time regulate its use.
Conclusively, AI holds the possibility to be a driving force for both financial development and cultural progression. Understanding this potential requires a cooperative effort including industry, common society, government, and people in general, every one of whom should work on the developments of AI and its inherent risks. Furthermore, the government plays multiple roles. It should set the stage for public discussion by serving as a facilitator of crucial AI-related discussions. Besides, the safety and fairness of AI applications needs to be maintained as they develop and adjust administrative structures to work out some kind of harmony between empowering advancement and shielding the public interest. Additionally, the government ought to make use of AI to speed up, make public service delivery more cost-effective, and make it more efficient.
AI’s continuous improvement is ready to influence different areas of public policy, enveloping instruction, social wellbeing nets, safeguard, natural preservation, and the law enforcement framework. As artificial intelligence keeps on advancing, government elements should upgrade their ability to actually grasp and adjust to these changes.
Practitioners must ensure the governability of AI-enabled systems copes up with AI’s evolution. This implies making them open, straightforward, fathomable, and equipped for amicable communication with people. The commitment to align AI’s operations with human values and goals is equally important. These difficulties have begun to receive increased attention from practitioners and researchers, and this attention must continue.
In the end, the research and development of AI presents an opportunity to enhance our comprehension of human intelligence. When employed insightfully, computer-based intelligence can possibly supplement human knowledge, directing us toward a smarter and more prosperous future.