This article on ‘Legal Framework regulating AI: International Framework’ is written by Rakhi, an intern at Legal Upanishad.
We now live in a world where all the work that was once done by humans is being done by machines and we are using technology everywhere. So Artificial Intelligence is used in different sectors for smooth functioning. In this article, we will discuss artificial intelligence, its uses and the legal framework that is regulating artificial intelligence.
What is Artificial Intelligence?
The term artificial intelligence was first coined in the year 1956 by John McCarty who defined artificial intelligence as the science and engineering of making intelligent machines. Artificial Intelligence can be said to be using of intelligence by machines for doing activities that generally require human intelligence or intellect. In a way, artificial intelligence is helping out humans with doing the work but it also possesses numerous problems. Artificial Intelligence is the act by which the intelligence of human beings is replicated in the machines so that the machines will work as a human being will probably work in that given situation.
The machines will have the ability to make decisions about a particular situation and work accordingly without any human aid. One type of artificial intelligence is machine learning which is a concept where a computer programme can understand and use any data without any human involvement. It is also known as computer intelligence or machine intelligence. When machines can perform the functions that are only believed to be performed by humans or animals it is known as artificial intelligence. So basically artificial intelligence is the intelligence of machines to perform similar functions to that of a human. Machines perform from the very simple task to the most complicated task perfectly by using artificial intelligence.
Nowadays, artificial intelligence is used in every sector for example it is used in the health care sector for conducting different treatments on patients and also for conducting different tests, another example is automatic cars and the computers that play games in all these the machines interpret the data and work accordingly as needed for performing the work effectively. It is also used in the banking and financial sector, trading sector, etc.
However, many artificial intelligence applications are not considered artificial intelligence because when we hear artificial intelligence we only think about robots but there are many areas which use this, for example, have you ever wondered how Google gives such accurate search results it is because of the use of artificial intelligence. By using artificial intelligence the machines mimic human behaviour.
Artificial intelligence can be categorized into two: strong or general and weak or narrow, strong artificial intelligence is complicated and helps in solving more complicated problems rather than a particular type of problem, they use the intelligence and work accordingly without any human aid and perform any intellectual task.
An example of this type of artificial intelligence is self-driven cars. Weak artificial intelligence is used for performing a particular function, an example of this type of system is smart personal assistance provided by amazon and different companies, the face verification that is present in the phones, the google maps, etc. In this when we ask a question they give the answer by analyzing it.
Artificial intelligence or the technology that is driven by artificial intelligence is becoming more and more popular and also there is an increasing utility of the artificial intelligence, so it is the need of the time to come up with a legal framework to regulate the utility of artificial intelligence.
Legal Framework regulating AI
Regulating artificial intelligence means developing different laws and policies for regulating artificial intelligence. Regulating artificial intelligence has become necessary for encouraging as well as for managing the related issues. In the year 2017, there was a suggestion regarding a global governance board for regulating artificial intelligence.
Canada and France in the year 2018 set forth a plan for an International Panel on artificial intelligence for studying the effect of artificial intelligence and for the further development in the area. In 2020 this panel was set up as Global Partnership on Artificial Intelligence which expressed the need for artificial intelligence to be established taking into consideration human rights and ensuring the safety and security of the public.
There are many regional and national regulations related to artificial intelligence, they are the following:
In the year 2017, The Pan Canadian Artificial Intelligence was established for supporting and enhancing the artificial intelligence researchers and for the overall development the artificial intelligence. The government 2019 also appointed an advisory council for examining how artificial intelligence can be used keeping in mind human rights and security. In the year 2020, the government and the Quebec government launched the International Centre of Expertise in Montreal for advancing the responsible use and development of artificial intelligence.
United States of America
In the US discussions were done as to the regulating framework to be used and what powers and roles should be given to the state governments and the courts in regulating artificial intelligence. Some restrictions were brought upon the researchers for using artificial intelligence technologies and making new inventions.
National Security Commission on Artificial Intelligence was established for using and advancing artificial intelligence technologies for addressing the national security and the defence area. Guidance for Regulation of Artificial Intelligence Applications was drafted which included ten principles as to how to regulate the artificial intelligence. The food and Drug Administration has also regulated the use of artificial intelligence in medical imaging.
In 2019 Ethics Guidelines for Trustworthy Artificial Intelligence was published by European Commission which was followed by Policy and Investment Recommendations for Trustworthy Artificial Intelligence. The commission also raised the ethics and safety related to artificial intelligence and automated vehicles. The commission in 2020 invited suggestions for implementing artificial intelligence-related legislation and the discussions are still going on. In 2021 the Artificial Intelligence Act was proposed.
The State Council of the People’s Republic of China governs the matters related to artificial intelligence and regulates it. China published the ethical guidelines in 2021 which regulate the use of artificial intelligence only by abiding by the human values and also public safety should also be considered while using the artificial intelligence technologies.
Artificial Intelligence Act
The European Commission has put forth the Artificial Intelligence Act with the intention of bringing a common legal framework for regulating artificial intelligence. It also suggests establishing European Artificial Intelligence Board for ensuring the regulation is followed and also for national cooperation in this field. It will have a global standard which will help in regulating artificial intelligence globally.
There is an increasing need for regulating artificial intelligence because the technology is developing day by day and also the impact is something which is beyond controllable. So there is a need to identify the risk or the impact it can create in society. A proper legal framework is needed for using artificial intelligence technologies safely.
- 1- Erdélyi, Olivia J., and Judy Goldsmith. “Regulating artificial intelligence: Proposal for a global solution.” Proceedings of the 2018 AAAI/ACM Conference on AI, Ethics, and Society. 2018. Retrieved from: https://dl.acm.org/doi/abs/10.1145/3278721.3278731
- 2- Butcher, James, and Irakli Beridze. “What is the state of artificial intelligence governance globally?.” The RUSI Journal 164.5-6 (2019): 88-96. Retrieved from: https://www.tandfonline.com/doi/abs/10.1080/03071847.2019.1694260