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Laws Against Artificial Intelligence

"Every decision is owned by algorithms which are moral decadence"

According to research firm IDC, the Artificial Intelligence market is anticipated to expand at a five-year compound annual growth rate (CAGR) of 20.2 per cent and will generate total revenue of USD 7.8 billion by 2025.

Artificial intelligence, which is demonstrated by machines or any organized or graphed technology such as bots/robots, is the exact opposite of natural intelligence (seen and displayed by humans, animals, and other living things or creatures).

(Reactive, Limited Memory, Theory-of-Mind, and Self-aware/Alive are the four categories of AI)

A segment of the internet or web search that we use most often; the most popular example is GOOGLE. additional divisions include those for platforms like YOUTUBE, AMAZON, NETFLIX, and social media.

'AUTO-MATED Decision-making' and responsive like Siri and Alexa is another division that can be made up of both hardware and software or just one. Online chess is a starter example of this, and self-driving automobiles are the most well-known example like TESLA.

There is no limit to evolution, and this is also true for AI, as we will soon witness the newest glimpse, which may include flying car just like electronic cars that are projections of AI.

We are all aware that such advanced technology has both positive and negative elements, but what would happen if AI began to think for itself and began making poor decisions rather than just being responsive, leading to the harm of some natural beings? WHO WOULD BE BLAMED? Owner, creator/designer, programmer or the user's/consumers themselves?

As of now, there is no codified law, statutory rules or regulations, criminal laws, or even government-issued guidelines that give a pathway or control artificial intelligence (AI) in general or its study and development (not talking about pending bills, reports, or discussed data).

However, AI's obligations are governed by a number of laws.

the areas covered by the Information Technology Act, 2000, the Indian Contract Act, 1872, the Indian Evidence Act, 1872, the Intellectual Property laws, torts, and Employee Discrimination laws.

The Information Technology Act, 2000

"with the fourth industrial revolution on the horizon, India is prepared to leverage the opportunities. This comes through the right adoption of AI technologies and by preparing future generation" - Union Minister Ashwini Vaishnaw (Railways, Communications and Electronics & Information Technology)

The IT Act provides legal recognition for all the transactions carried out by means of 'electronic commerce' an alternative to paper-based methods and deal with cybercrime which rendered and further amend the IPC, Evidence Act, Banker's Books, Reserve Bank regulations and related laws.

Some notable aspects of the offences and associated penalties listed under Chapter 11 of the IT Act are as follows:
  • Section 65 Tampering with computer source documents - Imprisonment up to three years, or/and with fine up to ₹200,000
  • 66 Hacking with computer system - three years, ₹500,000
  • 66C Using password of another person - three years, ₹100,000
  • 66D Cheating using computer resource - three years, ₹100,000
  • 66E Publishing private images of others - three years, ₹200,000
  • 66F Acts of cyberterrorism - Imprisonment up to life.
  • 67 Publishing information which is obscene in electronic form - five years, ₹1,000,000
  • 67A Publishing images containing sexual acts - seven years, ₹1,000,000
  • 67C Failure to maintain records - three years, with fine.
  • 69 Failure/refusal to decrypt data - seven years and possible fine.
  • 70 Securing access or attempting to secure access to a protected system - ten years, with fine.
  • 72 Breach of confidentiality and privacy - 2 years, ₹100,000
  • 72A Disclosure of information in breach of lawful contract - 3 years, ₹500,000

The Indian Contract Act, 1872

The artificial intelligence serves as an "agent" with regard to the contract. An entity with the ability to act intentionally is referred to as an agent. It thinks and behaves in a human and logical way, focusing on general agent principles without any emotional barriers, which makes it more compatible and efficient at solving problems.

Given that AI is similar to a programme and carefully follows the instructions provided in codes.

The codes susceptible to bugs and that's why must always exercise caution, just like GOFAI Contracts, which stands for "good old fashioned artificial intelligence."

A more advanced type of AI is also exist that can adapt and learn on its own without explicit coding or instructions; examples of these codes/algorithms include machine learning contracts, which are used in commercial and financial contexts to detect fraud (Uber, Amazon, Google's AdSense, etc.)

Sections of the Indian Contract Act were observed in order to mitigate such security concerns and protect rights, some of which were expanded as follows:

  • Section 10: What agreements are contracts
  • 11: Who are competent to contract?
  • 13: "Consent" defined.
  • 14: "Free consent" defined.
  • What consideration and objects are lawful, and what not.
  • Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law.
  • Agreement in restraint of marriage, void.
  • Agreement in restraint of trade, void.
  • 28: Agreements in restrain of legal proceedings, void.
  • Chapter 6: The Consequences of Breach of Contract
  • Chapter 10: Agency Appointment and Authority of agents.
  • Following with CPC, CrPC and IPC for respective crime and its punishment.

Employee Discrimination laws

Technology can have liberating consequences when it replaces human labor with automated activity, especially when this replacement involves heavy, dangerous, or repetitive employment.

The European Union Parliament report also mentioned the risks of dehumanization linked with the proliferation of intelligent robots, noting that "human touch is one of the core parts of human care" and that "replacing the human factor with robots could dehumanize caring practices."

In addition to age, sexual orientation, parental status, impairment, religion, and nationality, there is another factor in play: artificial intelligence (AI) - computers, bots, and programmes. In order to defend human dignity at work, a human-rights-based approach to labour protection must, of course, take into account the significance of collective rights like the freedom of organisation and the right to collective bargaining, Collective rights serve as "enabling rights," making it easier to secure and effectively enforce any other right at work. This is in addition to helping workers negotiate their financial terms of employment.

It is the responsibility of the State to adhere to important standards for protection, welfare, and in the interest of people / employees in relation to AI and its consequences on living things.

The following Articles of our Constitution are mandatory to be followed:

  • Article 38: State to secure a social order for the promotion of welfare of the people.
  • Article 39: Certain principles of policy to be followed by the State.
  • Article 41: Right to work, to education and to public assistance in certain cases.
  • Article 43: Living wage, etc., for workers.
  • Article 43A: Participation of workers in management of industries.
Moreover, there is minimum wages act, 1948, factories act, 1948, maternity benefits act, 1961, payment of bonus act, 1965, the code on wages, 2019 no. 29 of 2019, the occupational safety, health and working conditions code, 2019 as introduced in lok sabha, the code on social security, 2019 are some important labour laws in India.

Notable Cases:
  • P. Gopalkrishnan @ Dileep vs The State of Kerala on 29 November, 2019, SC
  • Bimal Kishore vs State Bank of India on 30 March, 2018, CIC
  • Oil and Natural Gas Commission v. Utpal Kumar Basu (1993) 3 SCC 711
  • Lakshmi Raj Shetty v. State of Tamil Nadu, AIR 1998
  • Parker v. South Eastern Railway Co. (1877)
  • Thornton v. Shoe Lane Parking Ltd. (1971)
  • Balfour v. Balfour (1919)
  • Carlill v. Carbolic Smoke Ball Company (1893)
  • Maritz, Inc v. Cyber gold, Inc (1996)
  • Carnival Cruise Lines Inc v. Shute (1991)

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