AI and Law

DISSERTATION

11th Semester

Btech Computer Science + Llb specialisation in Cyber Laws

ARTIFICIAL INTELLIGENCE AND LAW- A FUTURISTIC STUDY

Zainub

R120216045

500055388

Submitted under the guidance of :Ms. Nikita Begum Talukdar

School of Law

University of Petroleum and Energy Studies

Dehradun

(August-December, 2021)

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SYNOPSIS

 STATEMENT OF PROBLEM-

With technological advancements specifically artificial intelligence (AI), autonomous

systems, the Internet of Things (IoT), and robotics, are creating new services and products
that are providing new and improved opportunities to the society and the economy and we
will see more advancement in foreseeable future. As we may not immediately know, AI has a
subtle or subtle impact on almost every human being by performing a variety of tasks that
were previously performed only by humans. These AI technologies are ubiquitous and
flexible in their technology, not only in individual human life, but also in e-commerce,
robotics, financial markets, consumer applications, facial recognition, factory automation and
much more. It has become important to the core of the industry.

Moreover, Machine learning or AI technology uses a mathematical approach to apply

algorithms and learn from data provided by programmers. AI technology evaluates large
amounts of data and formulates its decisions and results. This constant exchange of
information has made these systems smarter and more difficult for legal professionals,
scientists and regulators to observe these challenges in the regulation and definition of AI.
Regulation of AI requires a clear understanding of what the regime is. Unfortunately, today
there is no definition of AI that is widely accepted by various scholars and lawyers,
regulatory purposes. AI is constantly evolving and difficult to define. Ambiguity is a stepping
stone for AI innovators, but inconvenient for regulators. Until now, only humans have been
generally recognized and have legally bound intelligence. Therefore, the definition of AI is
tied to human intelligence. Even John McCarthy, the most famous AI professor who coined
the term "Artificial Intelligence," believes that the definition of AI depends on the definition
of intelligence of 4,444 humans because the law does not yet know that other types of
intelligence may be included in its scope. In addition, AI technology includes robots,
software, programs, and all other objects needed to make AI systems work and carrying into
physical world.

With every passing day, AI is becoming more important and integrated into our life and will
increase in the near future. AI technology has been accused of affecting markets and
industries and causing problems not only in the employment sector but also in the current
legal system. Regulations in all industries are essential to the proper functioning of society,
and the rapid growth of AI has led governments to regulate AI systems. The current legal
system is only partially equipped, and over the next 10-20 years, regulators will face the
biggest problem of how to circumvent the regulation of AI systems without Breathtaking

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innovation. However, in the near future, there may be legal issues regarding the liability and
liability of AI systems.

Questions are going to arise for the liability of actions. For example, who is responsible if an
AI system causes damage? Or who will be held liable in the event of an accident by a self-
driving car like Tesla, or who will be liable if the intelligent system used by medical
professionals makes a mistake? These questions about the harm caused by AI constantly
challenge the current legal system.

Law regulators around the globe are making various attempts to regulate AI, such as the
European Parliament's Civil Code on Robotics and the UK Self-Driving Car Act. Over the
last decade, there has been a lot of debate about robot regulations, Criminal and Civil
Liability. On the other hand, there are concerns that strict regulations will hinder innovation
and will not provide potential benefits. On the other hand, this innovation has repeatedly
questioned safe law system and liability issues and increased liability.

Some features of AI make it very difficult to regulate compared to other public risk sources.
According to Ryan Calo15, embodiment, emergence, and social valence are the three major
challenges facing AI entities.

embodiment is primarily when AI technology physically interacts with the world. An entity
needs more than a physical process that is its management algorithm or software. Robots
work on data entry by programming to switch from virtual to real to physically act in the
world. In addition, programming consists of a set of codes that include input from operator
instructions that direct the complex movements of the robot. Therefore, two similar robots
behave differently depending on the code entered. Internally, robots combine a lot of data,
and externally, the hardware of a physical system can cause physical damage. For better
understanding, consider that a drone flying into the backyard of a nearby real estate could be
detained for trespassing in the event of unauthorized activity. In the case of the Product
Liability Act, the concept of embodiments represents the challenges of tort law as it leads to
deviations from the definition of product liability.

Let’s talk about privacy protection in Artificial intelligence-

Nariman J. introduced the constitutional foundations of privacy in the preamble as follows:

“The dignity of the individual encompasses the right of the individual to develop his or her
full potential. And this advancement can only take place if an individual has autonomy over
fundamental decisions and control. on the dissemination of personal data that can be violated
by unauthorized use of this data.

Despite various privacy and security issues related to artificial intelligence, countries and
governments around the world are investing in and developing artificial intelligence
technologies, including our genomes, faces, finances, emotions and environment, have
exacerbated the privacy problem .The proliferation of AI technologies has affected most
areas of our lives. Sometimes AI even retrieve data without our consent or knowledge. Later

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that data is used for marketing purposes losing one’s secrecy could be misused by
individuals, businesses, government and non-government agencies.

No doubt AI have made our lives easier and made significant contributions in many areas of
our lives. It is used in many fields like transport, health, education etc.

But who will be held liable after breaching individual’s privacy and compromising their data?
This arises a lot of questions in minds of law regulators, but no one is able to come up with
perfect solution because of capacity of AI.

 LITERATURE REVIEW

1. Gayasha Malluwawadu (2019) Artificial Intelligence and Law- This article discusses that how
the use of AI can help make legal practitioners more efficiently and effectively. These days
artificial intelligence (AI) is popular among people due to it’s ability of solving many real
problems in advance . AI has served in many areas, including Medical, Banking, and
Manufacturing. Given the widespread use of AI in these areas, participation in the area of law is
still inadequate. Law Firm works with older technology and software. They aren't obsessed with
this latest technology like AI to make easier and more effective. With the AI, lawyers can
automate their regular tasks and free up hours for other valuable and tactical tasks.

2. Bart Verheij (2020) Artifcial intelligence as law Presidential address to the seventeenth

international conference on artifcial intelligence and law - In this paper It is argued that
studying AI as a law will help us develop a good AI and will make the relationship between AI
and law more than ever. Information technology is very ubiquitous, and the progress of AI is
very exciting, and even if it is experienced by lawyers, it has its advantages and high
expectations. At the same time, it is no longer clear that AI applications (law or other places) are
contributing to the promotion of a good society, as the capabilities of AI have improved
significantly. Certainly sometimes it is harmful. Therefore, many argue that security is necessary
for AI to be reliable, social, responsible, human and ethical. So AI should help us. But how do
you take appropriate security measures against AI? A powerful and ready-to-use answer is to
consider the problems and solutions investigated by AI and law. AI and the Act have been
working for decades on the design of social, accountable and responsible AI in line with 's human
values. AI and Law stimulate new solutions (discussion, schemes and norms, rules and cases,
interpretations).

3. Jyoti Dabass, Bhupender Singh Dabass (2018) Scope of Artificial Intelligence in Law-
This article discusses hoe AI can diverge into Legal profession with implications,
liabilities and drawbacks. Over the years, artificial intelligence (AI) is establishing it’s
roots, using the concept of computers learning and perform complex tasks that were
previously very cumbersome for humans. AI is helping law firms find ways to develop
technologies that improve the speed and accuracy of legal profession, with greater
accuracy and speed. A variety of AI legal software has been developed to replace lawyers
in terms of editing work. Artificial intelligence in India is looking for ways to support
clients and lawyers alike. This saves time for lawyers and clients. But what will be the

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drawbacks and how much use if sufficient, no-one knows the answer to this, so main
emphasis of this article is upon liabilities in case of any mistake.

4. A.A. Vasiliev, Y.V. Pechatnova (2020) Artificial intelligence and Law- Problems and
Prospects-
This article describes the pros and cons of using artificial intelligence (AI) in different
areas of human activity. Particular attention was paid to the use of AI in the legal
community. Perspectives on the use of AI in the legal community have been identified.
Research on legal regulations regarding the use of AI has proven relevant. The use of AI
raises the important issue of adhering to the general principle of guaranteeing human
rights. The emphasis is on the need to develop and apply code of ethics and law of
artificial intelligence that prevents misuse and minimizes possible harmful consequences.

5. Laura Edgar Artificial Intelligence: Determining Legal Responsibility and

Liability - This article discusses if we need new regulation for AI or the existing ones are
enough to support. As when it comes to liability in case of AI driven devices or gadgets it
is tough to establish the liability and scope of the act. Whether it will be Civil or criminal
Liability and who will be liable, there is a lot of ambiguity with respect to AI and Legal
implications. . Even the government has adopted AI mechanisms which is creating disbelief in
their actions. There is almost no salvage that regulates these aspects on the national platform or on
the international platform

6. Karl Manheim and Lyric Kaplan (2019) Artificial Intelligence: Risks to Privacy and
Democracy- This paper discusses that AI is probably going to possess an enormous impact on
our lives. Its impact is probably going to be bigger than the internet's. Many artificial intelligence
applications are already familiar, such as conversational voice recognition and natural language
processing. Other implementations are less well known. gathers information around him and has
the ability to make appropriate decisions. Although this artificial intelligence system sounds
useful at first glance; was a threat to a person's privacy. A huge amount of personal data is stored
as digital data that the artificial intelligence mechanism uses with a view to improving living
standards, Our personal information, from our fingerprints to our credit card transactions to our
daily schedules, is being collected and compiled with the help artificial intelligence thereby
invading a person's privacy.

7. SOC’Y FOR STUDY OF ARTIFICIAL INTELLIGENCE & SIMULATION BEHAVIOUR

(2014) What is AI?- Advances in artificial intelligence not only usher in a new era of computers,
but also pose new threats to social values and constitutional rights. The threat to privacy posed by
social media algorithms and the Internet of Things is well known. With recent events it illustrates
how AI can be "armed" to corrupt elections and poison people's trust in democratic institutions.
Technologies, the law needs time to catch up. In fact, the first AI-focused Congressional hearing
was held in late 2016, more than half a century after the military and academia began serious
research.

8. Hearing Before the Senate Committee on Commerce, Science & Transportation, 115th
Cong. 2 (2016) The Dawn of Artificial Intelligence- The internet has spawned social networks
whose privacy devaluation has been profound and seemingly irreversible. (IoT)It has

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advantageously automated many functions concurrently leading to ubiquitous monitoring and

control of our daily lives. A product of the Internet and the IoT is the emergence of “big data” and
data analysis. These tools enable the ingenious and covert modification of the behaviour of
consumers, viewers and the resulting loss of autonomy in personal decision-making is no less
severe than the loss of privacy. The digital age has broken up many social norms and structures
that have developed over the centuries. Among them, basic values such as privacy, autonomy and
democracy stand out. These are the foundations of liberal democracy, the power of which was
unprecedented in human history in the late 20th century. The technological advances of the turn
of the century promised a bright future for human wellbeing, but then signs of danger emerged.

9. Dr. Sunitha Abhay Jain, Ms. Simran A. Jain (2019) Artificial Intelligenc – A threat to
privacy- One of the biggest reasons for why AI is becoming very attractive is because it's
capability of doing computations quickly than humans. But the advent of increasingly
sophisticated artificial intelligence systems and the convergence of many technologies such as
artificial intelligence, the Internet of Things (IoT) and the related Internet of Living Things (IoLT)
pose serious threats to our privacy and security. The processing and transfer of large amounts of
data about individual and collective behaviour can be done with the help of artificial intelligence.
Sensory data such as facial images, voice recordings, vital parameters, DNA of a person can be
analyzed and optimized much faster and better than human beings with the help of artificial
intelligence and through the use of improved computational algorithms with machine learning
capabilities.The proliferation of AI technologies has affected most areas of our lives. Sometimes
AI even retrieve data without our consent or knowledge. Later that data is used for marketing
purposes losing one’s secrecy.

10. Anya Behera (2020) Artificial Intelligence and Intellectual Property Rights- A Futuristic
study- This paper discusses how AI and IPR goes hand in hand. How the creators and inventors of
AI are within the scope of intellectual property and find that in the future artificial intelligence
will replace the human intelligence. Also relates to the proper legal framework of artificial
intelligence and its relationship with copyright and patents. Author and creativity credits are still
controversial under Indian law. Support for non-human authors or works is not recognized as a
legal entity under the current Copyright Act of 1957. This pape have addressed the controversy
between the author and the machine about who actually receives protection. As technology
evolves, AI will play an important role in creating works. The process of recognizing the creators
of works that are automatically generated by AI or partially supported by should be considered
part of the creative process. And who will be liable for violations or AI is responsible for the
violation.

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 RESEARCH OBJECTIVES-

The objective behind this research is simply that day by day we are relying more on
technology from our grocery list to shopping list or from Siri to Alexa, Artificial Intelligence
has changed our lives in a way that no one could ever have imagined in last 15 years.
1. Today, even when we search about a little thing on our devices we start getting notifications
regarding the same.
2. Our social media platforms are analysing our behaviour, data and our patterns, and in an
instant we can get anything .
3. But this all looks good from far but is way more complex from near. Individuals are giving
away too much personal data and even sensitive data to such platforms which is not at all safe.
4. Today we can see cars driving on automated mode, where driver don’t even have to put his
hands even on the steering wheel, but if this caused an accident, who will be held liable?,
5. Or when we are sending robots to a war or for any work, if they commit any mistake, who
will be held liable? The maker, the coder or the owner?. Or if AI driven robots murders
anyone, then?
6. There are a lot of questions arising out of this but no,one has perfect explanations or
solution for this, because these devices are far more complex to understand even for the
makers, and too much unreliable.
7. The most important question in whether our current legal system compatible enough to
handle such cases right now or do we need a new one?
Much complex with this much complex technology.

 ISSUES-
 if any crime is committed by AI driven devices then who is liable the maker or
machine or the owner.
 After that how will the crime be regulated will it be civil or criminal which is very
difficult to differentiate.
 Are existing laws sufficient enough or not or do we need to enact new regulation.
 Artificial Intelligence is clear threats to privacy of an individual still people are giving
away too much personal data to technology.
 Current social media platforms and large conglomerates are still not considering any of
these threats possessed by their technology.
 This data is being used by governmental organizations, companies and markets to
manipulate people and their thinking.
 Nowadays, in some industries robots are manufacturing things, this is a great initiative
but how will this affect human in near future.

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 Some countries are thinking of substituting teachers, judges ( in petty theft cases), labor
and many more by robots, how will the system work by such things, will they be
sufficient enough and this will create a rapid increase in unemployment.

 RESEARCH QUESTIONS-

In our study we shall try to obtain answers to the following questions relating to the study, in
our thesis-
1. Who shall be held responsible in case a crime is committed by Artificial Intelligence
driven device and are existing laws sufficient enough to regulate such crimes or do we
need to enact a new one?
2. Is Artificial Intelligence- a threat to privacy?
3. How Artificial Intelligence is affecting human intelligence?
4. Whether the creation/invention created by AI is within the scope of the creator /
inventor of copyright and patent
5. Can AI be held liable of infringement under Intellectual Property Rights?
6. How AI is going to affect jobs?

 RESEARCH METHODOLOGY-

This research is basically a doctrinal based research. And Historical based research is also
used to study about the history and implications of AI. The reports, articles and research
papers and of various committees and authors and various contemporary incidents in
consonance with the topic will be discussed. By all these papers it is tried to establish the
history and present scenario of AI. Secondary information has also been used to state any
exceptional cases. This research is Quantitative also because certain data has been collected
for stating numbers and summary has been taken out of t which will show the usage and
various other numbers related to the topic.

 CHAPTERIZATION-

1. INTRODUCTION: This chapter will discuss about Artificial Intelligence and how it
is changing the world right now. How AI has made lives easier everything is available
in a blink of eye.

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1.1 HISTORY: This chapter will discuss the history of AI and how it reached today
where it is.
1.2 EVOLUTION OF AI OVER THE YEARS: This chapter will put a light from
Alan Turing era to today. A brief journey of AI will be discussed.
1.3 ADVANTAGES AND DISADVANTAGES OF AI: This chapter will assess
how AI is changing our lives with all the problems seen in foreseeable future.

2. AI AND HUMAN INTELLIGENCE- This chapter will discuss about how Artificial
intelligence is based on the principles of human intelligence and is defined as a way
for machines to mimic human intelligence to perform simple and complex tasks.
Artificial intelligence aims to learn and ultimately exceed human cognitive skills.
Today, most AI models rely on deep neural networks inspired by the human brain.
This neural network captures a lot of raw data and expected results and learns the
relationship between the two. Once the training is complete, this knowledge can be
applied to new data to predict outcomes. More advanced methods use deep
reinforcement learning, where the model learns to make decisions through trial and
error.

3. AI AND INTELLECTUAL PROPERTY RIGHTS- This chapter will focus

mainly on innovations and inventions in case of AI. The purpose is to investigate the
development of artificial intelligence in IPR in relation to the current scenario, and to
investigate the current and further developed status of copyright law and patents in
relation to artificial intelligence. New technologies, creative work and inventions in
the field of AI are promoted for a sustainable economy. The IP system needs to
handle it. It also focusses on the link between patent and artificial intelligence. Due to
the rapid technological development of AI, it has been rapidly recognized and
accepted by society, so our legal system has not yet addressed many of the questions
that need to be answered. “AI systems include high-end computing usage of from
data mining, which requires a huge investment. Therefore, maintaining an AI system
through proper IP or protection legislation is a huge investment. Must be recovered to
protect the future development of AI.
3.1 INFRIGEMENT: This chapter discusses that in the event of infringement, the
innovator / creator must be compensated through appropriate copyright or patent

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grants. There is an urgent need to tackle new areas of machine-related law. All
intellectual property laws have evolved and need to deal with the emerging world.

4. IS ARTIFICIAL INTELLIGENCE - A THREAT TO PRIVACY?: This chapter

will discuss how AI is affecting privacy. Individuals give away too much personal
data without even realizing the manipulation it does on their lives and sometimes
incur huge loss because of that.

5. OFFENCES COMMITTED BY AI DRIVEN DEVICES: This chapter would try

to assess situations where, if machines or robots commits any offense who will be
held responsible machine? The maker? Or the owner?.
5.1 LIABILITY: This chapter would try to assess the liability of any offense and by
which laws will the offense be regulated.

6. HOW AI IS GOING TO AFFECT UNEMPLYMENT? : This chapter would try to

assess how Artificial Intelligence will be taking over the jobs and work easily done by
human beings and how this is going to affect the economy and youth in future.

7. CONCLUSION AND SUGGESTIONS

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 REFERENCES AND BIBLIOGRAPHY-

SOURCES RELIED:

1. Gayasha Malluwawadu (2019) Artificial Intelligence and Law

2. Bart Verheij (2020) Artifcial intelligence as law Presidential address to the
seventeenth international conference on artifcial intelligence and law
3. Jyoti Dabass, Bhupender Singh Dabass (2018) Scope of Artificial Intelligence in
Law
4. A.A. Vasiliev, Y.V. Pechatnova (2020) Artificial intelligence and Law- Problems
and Prospects-
5. Laura Edgar Artificial Intelligence: Determining Legal Responsibility and
Liability
6. Karl Manheim and Lyric Kaplan (2019) Artificial Intelligence: Risks to Privacy
and Democracy
7. SOC’Y FOR STUDY OF ARTIFICIAL INTELLIGENCE & SIMULATION
BEHAVIOUR (2014) What is AI?
8. Hearing Before the Senate Committee on Commerce, Science & Transportation,
115th Cong. 2 (2016) The Dawn of Artificial Intelligence
9. Dr. Sunitha Abhay Jain, Ms. Simran A. Jain (2019) Artificial Intelligenc – A
threat to privacy
10. Anya Behera (2020) Artificial Intelligence and Intellectual Property Rights

WEBSITES:
1. https://timesofindia.indiatimes.com/blogs/voices/importance-of-artificial-intelligence-
and-its-impact-on-humanity/
2. https://www.researchgate.net/publication/
341520298_Artificial_Intelligence_and_Law
3. http://www.dlnluassam.ndl.iitkgp.ac.in/bitstream/handle/123456789/253/Anya
%20Behera.pdf?sequence=1&isAllowed=y

4. https://niti.gov.in/writereaddata/files/document_publication/NationalStrategy-for-AI-
Discussion-Paper.pdf
5. https://yjolt.org/sites/default/files/21_yale_j.l._tech._106_0.pdf
6. http://www.aisb.org.uk/public-engagement/what-is-ai
7. https://www.harvardmagazine.com/2019/01/artificial-intelligence-limitations

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8. https://www.sci.gov.in/supremecourt/2012/35071/35071_2012_Judgement_24-
Aug2017.pdf

The sources lists are only for reference and the work includes research from other sources as
well.

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