NEED OF LEGAL FRAMEWORK FOR ARTIFICIAL

INTELLIGENCE IN INDIA
INTRODUCTION

John McCarthy, coined the term 'Artificial intelligence’ in 1956, & defines it as "the science
and engineering of making intelligent machines." He is also known as Father of Artificial
intelligence.

Artificial intelligence (AI) is concerned with building smart machines capable of performing
tasks that typically require human intelligence. Artificial intelligence is also known as
Computer intelligence or Machine intelligence.

Common daily life examples of artificial intelligence are Siri, Alexa and other smart assistants,
Self-driving cars, Robo-advisors, Conversational bots, Email spam filters & Netflix's
recommendations.

CHALLENGES INVOLVED IN DEVELOPING A LEGAL FRAMEWORK FOR

The biggest challenge would be on predicting and analysing legal issues with regards to artificial
intelligence.

Let us take an example of autonomous cars which are self driven cars which uses artificial
intelligence. Suppose an autonomous car met with an accident. Who is held responsible and
liable for this accident?

Another example, suppose a robot is performing a surgery and all of a sudden electricity
supplies stop, so without an access to doctor, the situation could become very complicated. Thus,
artificial intelligence technology should be guided through a proper mechanism because this is a
kind of disruptive technology.

Drones- Somebody is flying a drone and it comes and hits a person and causes an injury. Here,
who should be made liable for accident caused by drone.

Ethical issues- There is a complaint of biasness because AI operates on data feed into the
computer. There might be a bias on the part of a particular class of people who put a data into the
computer. For example, Recidivism, which means person committing crime again and again. In
USA, a study was done as to nature of the people who are likely to commit crime again and the
answer given by the computer is, it’s blacks. Analysis was done and it was found that the data
that is fed on the computer is the reason why answer is black. Which means AI might be misused
by feeding certain information which might cause concerns of biasness.

Issues regarding Privacy- Privacy is defeated by artificial intelligence because computer

Nine-judge bench in K.S. Puttaswamy v. Union of India in 2017 held that right to privacy is a
fundamental right and it will not lose its status amongst the Golden Trinity of Article 14, 19 and
21.

Retargeting- if you are doing something in your mobile or computers, you are retargeted as an
object, to tell you that, these are your preferences.

Artificial intelligence is also used to build up public opinion in the political platform by
retargeting.

For example in case of Cambridge Analytica- In which, the allegations were made against
Mark Zuckerberg, CEO of Facebook that the preferences of millions of people in USA who were
using Facebook were collected and messages are being sent to them, trying to build up an
opinion in favour of Donald Trump in US elections, 2018.

Legal status of Artificial intelligence-

 AI 'boy' Shibuya Mirai granted residency in central Tokyo, Japan. Japan has now
officially granted residence to artificial intelligence.
 Sophia is awarded citizenship under the laws governing citizens of Saudi Arabia in
November 2017.

So, What Are The Legal Issues Relating To Artificial Intelligence?

 Are Robots capable of committing a crime and who will monitor this? Is there a need for
legal requirements in code writing to ensure that robots behaves within the law? What
will be the punishment for robots to commit a crime?
  How will robots comply with the international humanitarian law given its interaction with
humans?
 Does the robots or its creator own the intellectual property it creates? If robots creates
new content outside of its code, whom does it belong to?
 Will data protection law be applied to robots?
 Would AI constitute a legal entity or would it have to adhere to legal social control given
its growing intelligence? 
 Can robots have rights in anything and would they will have the same rights as natural
persons?? 
 Must we grant all humanoids citizenship? Who is labile for the damages suffered by
people as a result of AI?
 How do we certify something that is not set? As AI is not set – it keeps on evolving.
 How do we avoid discrimination made by AI?
 How do we regulate the use of automation and AI for marketing and propaganda
purposes, especially in the context of elections?

GLOBAL MEASURES

With the emerging utility of the artificial intelligence, different nations around the world have
started framing legal regulation.

 Brazil has approved a bill that sets out legal regulations for AI. Bill outlines guidelines to
develop and utilize AI. The bill will regulate transparency regarding the utilization &
promote the creation of AI for the public sector, and require the “adoption of regulatory
instruments that promote innovation.”
 In USA, discussions have been started to formulate laws regarding artificial intelligence.
 In European Union, GDPR made a regulation where there is a right to be left alone and
right to be forgotten and is now substitute to right to be erased.
 In UK, new law, the Data Protection Act 2018, identifies certain things which can’t be
published unless previous consent is there.
 Google has released their Ethical principles for AI at Google in 2018.
 In Germany, Government have come up with ethical rules which says, that human life
has given utmost priority over any property.
  And other countries like China, Japan, Korea are also following the lines of Germany.

So, it’s clear from these countries who are developing AI and utilising AI in different box of
lives, they are also coming up with legal framework in order to regulate the utility of AI in
everyday life.

ARTIFICIAL INTELLIGENCE POLICY PROGRESS IN INDIA

 NITI Aayog has released a policy paper in June 2018, named as National Strategy for
Artificial Intelligence. It has highlighted the significance of artificial intelligence in
different sectors.
 National Programme on Artificial Intelligence which was proposed in Budget 2019.

Even though, there are such types of recommendations by NITI Aayog and the proposals from
the Government, there is no comprehensive legislation to regulate the growing industry of
artificial intelligence.

SUGGESTIONS FOR THE LEGAL FRAMEWORK FOR ARTIFICIAL

1. Legal professionals must include the developers of AI in the drafting process to address
the technical issues. 
2. There should be a legal definition for Artificial Intelligence.
3. We have to establish a Legal personality of artificial intelligence, which means that AI
will have a bundle of rights and obligations and these rights and obligations should be in
a consonance with India’s Criminal law.
4. There should be a Legal Scheme that will hold the producer and manufacturer of the
product liable for harm caused by machine or the artificial intelligence.
5. Privacy concerns- Privacy is the fundamental right. So, to protect the privacy as a
fundamental right certain rules that should regulate the usage of data that is possessed by
artificial intelligence entity should be framed.
6. Artificial Intelligence and its utility should be made a part of the Personal Data Protection
Bill, 2018.
 7. This is a global problem and we must address the development of AI law on a global
level – we need a new universal law. During its development, it may require amendments
to other laws and could result in changes to common law principles.

CONCLUSION

The contemporary artificial intelligence laws cannot regulate the use, manufacturing, behaviour,
and responsibility of AI. Although there is a need to implement regulations, how and to what
extent AI should be regulated is difficult to grasp given its expeditious development. A balance
between protection and innovation will need to be found.

Based on the warnings from thought leaders like Elon Musk and Bill Gates, we cannot ignore
their concerns. Considering the representation of AI in Hollywood movies it’s questionable
whether AI will cause the end of the world. So, it’s high time that Government should come up
with the comprehensive legislation to deal with AI.