Evolving Laws on Artificial Intelligence

Abstract

The field of artificial intelligence is advancing rapidly. A rather recent example is how Google’s software was able to defeat the top human competitors in the Chinese game of Go – an accomplishment that was previously believed to be many years in the future in terms of technology (Gibney, 2016). Legal and political actors are responding to this change in various ways. Investment banks are already employing artificial intelligence or ‘robot traders’ (Robots and Rule-makers – Lexology, 2017). The growing influence of artificial intelligence in business led to the formation of the Committee on Legal Matters around the world to assess “the civil liability for damage caused by robots which is a crucial issue that also needs to be analyzed and addressed at Union level” (Santosuosso et al., 2012). Several countries have called on Commissions to evaluate the existing legal framework and consider the development of new laws to address the liability of AI systems. Governments and rule-making bodies worldwide are recognizing the need for legislative and regulatory frameworks in the field of artificial intelligence. The acknowledgment arises from the understanding that AI has the capacity to profoundly influence different facets of society, such as employment, privacy, and ethical concerns. AI has the capacity to generate a beneficial effect on humanity, provided that it is approached responsibly and with a focus on creating value for everyone. The global regulatory and policy framework for AI is currently an evolving concern, as various national, regional, and international bodies have begun implementing strategies and action plans since 2016 (Djeffal, 2022). These documents address a variety of subjects including regulation and oversight, industrial planning, research, skills development, and infrastructure. Various countries have taken diverse approaches to this issue; for instance, “the United States is embracing a market-oriented approach,” “China is promoting a state-led approach,” and “the EU is advocating for a rights-based approach.” Nevertheless, despite the endeavors of these jurisdictions, the laws and regulations relating to AI are still undergoing development (Gasser, 2023). The rapid progress of AI technology has surpassed the establishment of thorough legal frameworks to tackle its distinct challenges. Consequently, there is an urgent requirement for the creation of new legislation and policies that can adequately oversee AI and guarantee its accountable and ethical application (Floridi, 2021). The AI Act, recognized as the initial extensive regulation for artificial intelligence, has recently received endorsement from lawmakers in the European Union. This pioneering legislation is expected to be implemented no sooner than 2025 and is still pending final approval from the European Parliament (Shi, 2023). Meanwhile, in India, there is a
significant lack of dedicated legislation specifically focused on regulating AI (Indic Pacific Legal Research | Law, Technology, and Policy, 2023). Nevertheless, it should be acknowledged that various existing laws indirectly encompass obligations related to AI. These include the “Information Technology Act, Indian Contract Act, Indian Evidence Act, Intellectual Property Laws governing copyright infringement and patent protection issues,” torts addressing civil wrongs or injuries resulting from an individual or entity’s actions or negligence and Employee Discrimination Laws ensuring equitable treatment during recruitment and employment. This paper endeavors to assess the various laws around the world which may be applicable for Artificial
Intelligence and the growing need for legislation of the same.