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Artificial Intelligence and Its First Legal Framework

What is AI?

Artificial intelligence is the simulation of human intelligence performed by machines like computer systems.

Artificial Intelligence has transformed our ordinary lives in ways we might not have imagined a few years ago. Transportation, healthcare, retail, and media are some of the fields where AI has been taking tremendous strides. The recommendation systems on our favorite streaming service, the chatbots for customer service, and even the smart assistants in our homes are all powered by AI. AI has benefitted many businesses by increasing efficiency and saving time. On the contrary, it also raises some serious concerns that should be addressed.

For example, The AI system runs on a self-training module that puts questions in our minds such as, are these systems safe for children? What about the privacy issues? Will it be safe to use AI for personal use? These concerns highlight the need to develop and implement a robust legal framework to govern the use of AI technology. The states require laws that guide ethical development, supporting both users and creators. There needs to be a balance between encouraging innovation while safeguarding the interest of use users and creators.

The European Union became the first country to address the concerns regarding AI Technology. They passed the first regulation on AI, known as the Artificial Intelligence Act in March 2024. The AI Act is a benchmark set by the EU for other countries. A legal framework at a global and national level can ensure international cooperation. It can also ensure harmony between tech giants for the sharing and usage of AI technologies.

Levels of Artificial Intelligence

AI can be broadly categorized into three levels;

Weak AI: It is designed to retain things, comprehend things, and remedy simple problems

Strong AI:
Bears the ability to learn and apply knowledge to a different range of tasks, similar to human intelligence.

Superintelligent AI: This is the most recent development in the field of AI which Surpasses human intelligence across all fields. It can perform tasks that are impossible for a human to perform.

Need Global Codification of AI Laws
AI technologies must be developed to provide the right value system that protects humans from any kind of AI-related harm. Global codification ensures a unified approach to preventing abuse, bias, and discrimination in AI systems.

AI systems have become more autonomous in their functioning leading to greater risk of harm. A global legal framework can establish safety standards to mitigate risks associated with AI, such as cyber-attacks.

A legal framework for AI can help in establishing defined rules for liability and accountability is essential for addressing issues when AI systems fail. Punishment and penalties need to be established. A global legal framework can provide accountability across different jurisdictions just like any other crime or wrong. International cooperation for the implementation and integration of AI technologies across the globe will result in an equitable legal landscape.

AI regulations will lead to better coordination between countries regarding the usage of AI.

AI in the legal field
AI technology has made strides in the field of law. The High Court of Manipur used ChatGPT to conduct legal research and pass an order. There have been many instances where judges have sought the help of the AI system in a court of law. Some of the ways in which AI helps lawyers are:

Document Review and Analysis:
AI tools can analyze documents of large volume identifying relevant information that a lawyer seeks. It can help track crucial details in a case file. AI can carefully go through emails, contracts, and other documents to extract essential information for a case. AI can help in reviewing a document for potential discrepancies.

Legal Research:
AI-powered research platforms provide lawyers with precise and relevant case law, statutes, and legal precedents. These tools use natural language processing to adequately understand and respond to complex legal queries, saving lawyers time and progressively improving the accuracy of their legal research. Some of the AI tools for lawyers are Casetext, Clio, and Lex Machina

Predictive Analytics:
AI can analyze historical data to reliably predict the likely outcomes of legal cases. This helps lawyers adequately assess the strengths and weaknesses of a case, aiding in strategy formulation and ethical decision-making. For instance, AI can predict the likelihood of winning a case or the potential settlement amount based on previous similar cases.

Contract Management:
AI systems can automate the creation, review, and management of contracts. It can also Identify and extract key terms and clauses and ensure compliance with regulatory requirements.

Automation of Routine Tasks:
AI can adequately handle many routine administrative tasks, such as Scheduling and calendar management. It can also perform Billing and time tracking. AI can establish effective Client communication and follow-ups

The Artificial Intelligence Act by EU

The European Union has introduced a significant Artificial Intelligence (AI) Act in the parliament this year, after getting approval from most of the EU member states. The Act Aims to develop a distinctive approach on the misuse of AI technology in the future. The AI act was initially suggested by the European Commission in the year 2021.

The act went through critical scrutiny by all the member states. Experts committees were constituted for the implementation of the AI act across Europe because of the growing threat of spreading inaccurate information, copyright issues, and deepfake videos. Such acts have made it evident that AI needs to be regulated and codified. The use of online AI Trained Models like ChatGpt has grown enormously in the field of technology.

Mathieu Michel, speaking comprehensively on the act has highlighted its focus on tackling major issues and ensuring fair advantages for all. Crucial aspects include trust, transparency, and upholding ethical standards in AI operations. The AI Act enforces strict rules on high-risk AI applications but allows more flexibility for standard practices unless they present significant dangers. Moreover, there are strict bans on public surveillance, except for cases related to counterterrorism or major criminal investigations. This legal framework of Artificial Intelligence extends beyond the EU, It equally applies to any foreign organization or country that utilizes EU data.

The other countries will draw inspiration from the first legislation on artificial intelligence. It is an encouraging message to the countries to develop their own rules and regulations regarding AI protection. Enforcement of the rules in the AI Act will be gradual, The initial steps additionally include prohibiting practices like social scoring and unnecessary facial recognition.

AI will come into force twenty days after its publication in the official European Union Journal. The act will be completely pertinent after 24 months. However, there are some different deadlines given in the act for different purposes. bans on prohibited practices, which will apply six months after the act comes into force. The code of practice known as the General Purpose AI (GPAI) to be finalised within nine months. General-purpose AI rules will be implemented within 12 months, and high-risk frameworks will be implemented within 36 months.

Fine and punishment
The fine imposed for violations related to prohibited systems of up to �35,000,00 or 7% of worldwide annual turnover for the preceding financial year, whichever is higher. The fine for AI operators for providing incorrect, incomplete, or misleading information is up to �7,500,000 or 1% of the combined worldwide annual turnover for the preceding financial year, whichever is higher.

AI is beneficial in many fields, however, it cannot be disregarded that overpowering AI can cause problems for society. It is important to strike a balance between the development of AI technologies and safeguarding the interest of human life. The government needs to address the issue and establish a solid legal framework governing the use of AI in our daily lives. The EU AI Act aims to mitigate the risks that come with AI technology. It also aims to balance innovation with the protection of fundamental rights and safety. This legislation is poised to shape the future of AI regulation not only within Europe but also globally, setting a benchmark for other regions to follow.

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