This article has been written by SOURAV SHEKHAR, final-year law student at RNB Global University.
ABSTRACT
Artificial Intelligence is connected with the field of whose purpose is to make the activities laboursaving or self – operated that human being required in the present world of intelligence. Some recent achievement in AI is in the field of robotic, medical, diagnosis and in the field of witting etc. As the AI growing number of digital writers (virtual writers), musician, etc. they are having sensation that AI companies illegally train their system for the copyright and patent work. This research and study will suggest that “how AI will regulate the world and how law will protect human from AI over usage and misapply”. The major issues and problems of area for AI can be stated that manoeuvre, wisdom, analysis and learning skills. Manoeuvre is concerned with a clever or skilful action i.e. mechanical arms, locomotive devices and digital work which contain skill works by human in the physical world, by accessing user profile, AI. Wisdom is concerned with the ability to make sensible decisions and judgements because of your knowledge or experience but can have only artificial wisdom that means they have knowledge but can’t take sensible decisions.
AI As Human Mimic
The AI is treated as ground breaking innovation to the world of intelligence as AI started coping human work and replacing human from many places of work and taking place of human. This is a big threat to the existence of human being. Rapid existence of AI &its advancement is an ominous. Centre for AI safety stated that “Attenuating the risk of extinction from AI should be a global priority with societal scale risk such as nuclear war and pandemic”, which is signed by 350 researchers. AI is very dangerous for the human existence as it is creating human voice, human type text & working with human mind set with more perfection.
Suppose, AI falls in the wrong hand with a malicious actor it will create ‘anAI weapons which is more malignant than any other pandemic and war’. Dan Hendrycks a computer scientist said that “novel bio weapons more lethal than natural pandemic which is created by AI”. New AI, release felonious AI actively attempt to harm humanity. IF AI is nasty & it’s intelligent and capable enough then it may pose significant risk to the whole society.
Suppose, AI will be used to help the hackers, then there will be a scenario not by today but it may be earlier that the worlds system will be able to find zero day without any exploitation with cyber issues. Another worry is that if AI could be depraved on its own interpreting the task, which it was designed to do with new and impious way, for example AI is designed to fight with a pandemic for human and AI decide to unleash nuclear missiles to eliminate pandemic by removing humans from earth it will became very disastrous. That’s the main fear of futuristic person, is not only about it became mala fide it is that it will became dexterous.
Challenges for AI companies
As many companies are working on AI and introduced to the world. And study show that almost 10 -15 lawsuits against AI from individuals and co-operation. Recently ChatGPT alleges Microsoft and OpenAI for the violation of copyright. An American Writer Christopher Golden, Writer Richard Kadrey & Comedian Sarah Silverman sued OpenAI & Meta for copyright & pirating.
Getty images allege stability AI Company for copy of 12 million images to train their AI without taking any permission. For many artists and writers suing AI is both very time consuming and expensive, so they started a campaign called as ‘Fight Against AI System’ and tried to publish it. Some said that ChatGPT is coping their pattern and style of the story & over 9000 persons sign against the AI for exploitation of their work to get inherent justice.
Shape of the Future AI
Lawsuits pose the biggest barrier to AI yet. Eventually, AI Company has to rely more curate on the system to remove the barrier. Margret Mitchell an American Novelist said that she would not be surprised if the lawsuits or new regulations are based on AI and forced to delete one of its model by the end of the year. The protest on data will be very less on long term because AI will share and access the data very easily without asking for the permission. It is an era of easy to scrape content comes to close as AI is getting close to the data, small companies might have difficulty in getting enough data to train their system as to establish AI system is expensive.
COUNTRIES AND AI’s LAW
Rapid growth of AI increased fear of misuse of technology and human mind, now days it creating the chain of technology which violating the various laws, rights and duties of individual. To handle such panic situation among the people we need strict and indeed laws to stop the misuse of AI. Standford University index 2023 shows that there are already 37 bills around the world.
Some countries already have Act based on Artificial Intelligence:-
European Union
By making Artificial Intelligence Act they are now one step closer to becoming law, the EU has surpassed other western countries to pass AI regulations. Canada is also following EU to pass the Act named it as Artificial intelligence and Data Act. The Act was initially proposed in 2021 but the emergence in more AI, the law makers pressurised to push the regulation forward. The European parliament approved the text in draft of the AI Act on June 14, 2021. The EU aims to have the laws final form passed by the end of the year 2021 and they fulfilled their aim.
UNITED STATES
The White House and Congress assembly had made AI more of a priority. In October 2022, the White House release the blueprint for an AI bill of rights, there is list that proposed the principle to guide how to design or use AI tech in a way that protect the American public from harm. Then Sen. Chuck Schumer has presented the framework for regulating the AI, seeks to “give law makers a comprehensive crash course in AI in a setting where partisan rancor might be set aside” before they impose AI regulation. Till now they are working on it but did not get as European Union.
CHINA
China became front to all over the world to know the pros & cons for AI after issuing world’s earliest and more detailed regulation on Artificial Intelligence on July13, 2021. The provisional regulation which go into effect into 15 August 2021.* INDIA
India doesn’t have any laws and regulations regarding it, India should make Act for Artificial Intelligence named as Artificial Intelligence Act. By keeping the current scenario of the World with regard to AI issue we have to make strict and wide regulation for safety and security of citizens. We should focus on below rules.
AI should be deal with AI Act along with its definition, scenario, categories, Punishment and should also contain the chapter are as follow:
- Privacy- Privacy simply means that a state of being free without any interruption of other. If the AI breaks the privacy then it should be watched under Constitution of India Article 21 and watched under the violation of Fundamental Rights and have own chapter with different kind of violation of privacy with imprisonment and a large amount of fine.
Today’s AI has no limit with the violation of privacy which mentioned in the article.
Recent incident, a woman has taken a photo and send misconduct to AI of app and AI told her that child in her lap is cute simply you can see that AI not need any permission to control the camera similarly AI don’t need any permission to use the sensor of the phone to recognise and record the surrounding and share to anyone.
- Bareness – AI laws should be much concerned about bareness as because it is related to dignity and respect.
AI with their superpower with the high-tech technology using its power to create awful pictures through its features.
As considering the above case we can say that in near future people will lost their privacy and will have concern about the vulgar and nudified pictures to be captures by the AI.
- Sentiments & Emotions – AI laws should be made for the violation of sentiments of human and have own chapter with Sentiments & Emotions with imprisonment and a large amount of fine.
AI destroys the human sentiments and emotion through the AI power.
Recently, AI has copied a dead person voice and talked to their parents and they can’t differentiate between the voice of AI and their child voice. So, there is a great chance to get fraud with the help this inspiration of AI. As a result of misuse of AI the emotions and sentiments of parents and relatives of deceased person was hurt.
- IT Act – Sections of IT Act,2000 should deal with the violations by AI and have own chapter of dealing with violation of AI in IT act, with imprisonment and a large amount of fine.
There are so many sections already included in the IT act but as the recent requirement we need to amend the IT act and include provision regarding the AI violation.
- Copyright – Sections of Copyright Act should deal with the violations by AI and have own chapter of different kind of copyright, with imprisonment and a large amount of fine.
- Pirating – AI laws should be focused on the pirating and have own chapter with piration with imprisonment and a large amount of fine.
- Defamation – AI laws should be strict about defamation and watched through IPC,1860 or The Bharatiya Nyaya Sanhita, 2023 sections and have own chapter with different kind of defamation with imprisonment and a large amount of fine.
- Forgery& Fraud – AI laws should be strict about forgery and watched through IPC,1860 or The Bharatiya Nyaya Sanhita, 2023 sections and have own chapter of Forgery & Fraud with imprisonment and a large amount of fine.
- Provocation – AI laws should be strict about provaocation and watched through IPC,1860 or The Bharatiya Nyaya Sanhita, 2023 sections and have own chapter with different kind of provocation with imprisonment and a large amount of fine.
- Others Rules and Regulation
CONCULSION
Artificial intelligence is not a substitute for human intelligence; it is a tool to amplify human creativity and ingenuity. However AI can’t run on its own, and while many jobs with routine, repetitive data work might be automated, workers in other jobs can use tools like generative AI to become more productive and efficient.
AI is the future for human in the form in judiciary and life term. AI is not only about artificial intelligence it’s also artificial illegitimate that is creating issues which is more unfriendly to humans and invalid and invaluable to them.
There’s a broad range of opinion among the AI expert and experts of all other field about how quickly artificially intelligence system will suppress human capabilities and increase the crime rate in society and to avoid such drastic condition there is requirement of strict laws and regulations.