The world of the 21st century will be very different from its previous centuries and that will be because of ARTIFICIAL INTELLIGENCE. Artificial Intelligence is a product of the fourth generation. “Siri”, “Sophia”,” Manav” are some examples of Artificial Intelligence. Along with the development in the technology field, the development in the law relating to AI is very much needed. The intervening role of AI in human lives is increasing. This creates some basic questions of law in the mind of common people. Who will be responsible for the wrong done by the AI? The basic example is when the Tesla car meets with an accident when it is self-driving mode then will the company or the owner of that car will be responsible? This legal issue is being raised since 2016. The legislatures needed to be prepared or draft the laws regulating AI.
REGULATIONS IN INDIA
India does not have any single specific regulation for AI but it is regulated by different sectors laws. For example- different rules are applied over the application of AI developed for the corporate sectors, manufacturing sectors. India is on the steps to meet the challenges of AI in the coming future. The government increased funding in the policy and research work in the field of AI. Digital India, Artificial Intelligence Task Force formed the Union Ministry of Commerce, NITI Aayog recommendation of AIRAWAT, committees formed by Minister of Information and Technology.
The application of AI in different sectors can bring revolutionizing effects in these sectors. Agriculture, Health is sectors that are awaiting this revolution. The AI is a new subject matter for the law will take some time, criticisms, policy, and many other things to establish itself in law codes.
To understand the law application of AI, one most important thing to know about is the functioning of the AI. The AI basically is the artificial decision-making capability that is put in the machines and which functions by processing a large amount of data. The processing of a large amount of data develops machine learning. So, the whole thing rests on the “large amount of data.” Machine process a large amount of data, make algorithms and learn the pattern and make decisions. This is the basic functioning of the AI.
India has developed Data and Protection law. Through it, the data is regulated, classified into different categories, use of data also mentioned. A large amount of data plays a big role in the competitive market. The big MNCs have large databases through which they can analyze the behavior of the market and can control the market. This use of data is often seen by the Competition Commission of India which regulates the competition in the market.
Now, it is already mentioned that India does not have a specific code for AI. The law development for AI is throughout the world. EU, UK, and the USA are developing their law. There are some major conflicts that are resolved. Like the responsibility of the developer, manufacturer, or the owner of the robots for anything wrong done by the robots, status of robots in the society. Like who will be responsible for the wrong done by the robot and if the robot has an equal status that of citizen then how it can be responsible? “Sophia” was given the citizenship of Saudi Arabia. This created legal controversy regarding the status of robots. Robots do not have ethical and moral knowledge and their employment as civil servant require them.
Some Indian laws which apply in the AI field are:
1. Copyright/Patent: Section 2(o) of the Copyright Act, 1957 defines the literary work, and ‘source code’ and ‘object code’ are protected under this section. The author is the owner of the literary code and in this case, the developer is the owner of the AI application. The case will be different when the developer develops an AI application under the course of employment.
AI applications cannot be patented unless they are attached to any hardware. Under section 2(k) of the Patent Act, computer programs cannot be patented.
2. The ownership and use of data are mentioned under the data protection rules, 2019. The data is categorized into different categories. The collection, use, and disposal of data are also provided in this law.
3. Trade Secrets: The AI application can be treated as trade secrets based on their nature.
4. License Agreement: The rights over the AI application can be given under an exclusive or non-exclusive license agreement.
5. The Competition Act, 2002 regulates the competition and imposes a penalty for doing unfair trade practices. For example- big companies like Flipkart or Amazon have vast data which they enable to know the customers and makes it more difficult for the new entrant in the market with fewer data.
In the coming years, AI will be more developed and will influence our daily life in a greater number of ways. It is has become more important to develop laws. It has become more important to develop laws specifically relating to AI. The legal system itself is going to have big changes in the coming times which can be understood from the deployment of the AI in the legal research and the views of the Supreme Court regarding the use of AI to help judges. This whole thing is very new to the law which needed more research and the development of the law and policy.