By Shantanu Mukherjee, Anushka Iyer and Shruti Gupta
Artificial intelligence (AI) is the flavor of the season. From the Open AI chatbot, ChatGPTBursting onto the scene in November 2022, AI has become the hottest thing in tech: Microsoft invested $10 billion in it. open AI and integrated its engine into the Microsoft suite of products; a dizzying variety of AI tools they have entered the market; and approximately $1.7 billion has been invested in AI companies in the first quarter of 2023 alone, according to tone book data.
Legal and ethical concerns
“Is this a dagger that I see in front of me, the handle toward my hand?”
AI is generating art, writing code and invent drugs. But this sudden and unregulated proliferation of AI has also sparked lawsuits, controversies, and calls for AI regulation globally. Concerns have been raised about AI taking human jobs, perpetuating bias, violating data privacy, infringing competition, intellectual property (IP) and contract law, and generally represents an “existential risk” for humanity.
Many artists have filed a class action lawsuit against Stability AI, Midjourney, and DeviantArt, alleging that they used copyrighted artwork to train AI models without permission from the creators. The Center for Art Reports and Research has released an open letter calling the unauthorized use of copyrighted images the “biggest art theft in history.”
As AI has become more sophisticated and capable of independently creating works, several questions have arisen around IP, including whether AI tools they can be said to infringe IP and whether they can be considered inventors or creators under the law (most jurisdictions have held that they cannot). Regarding India: Computer programs and software by themselves cannot be patented under Indian law unless they show technical effect, but the Delhi High Court has recently noted that in light of “emerging technologies” , India may need to reconsider this position.
AI Supervision and Regulation
“I thought I heard a voice shout, ‘Don’t sleep anymore'”
open AI CEO Sam Altman made headlines in early May when he agreed that legislation was necessary to regulate AI, in his testimony before the US Senate Judiciary Subcommittee on AI Oversight, but later threatened to pull out. from Europe if they found compliance with EU AI. He acts too defiant.
While several countries, including China and Singapore, have AI legislation in the works, the EU AI Law, which can become law in a few months, is probably the most comprehensive. Together with the AI Liability Directive, it seeks to implement a broad and restrictive AI governance framework that will, among other things, require the developer to disclose whether any copyrighted material has been used to develop the AI system. (which could change the way the generative AI does). tools are trained), and implement a blanket ban on the use of AI for biometric surveillance, emotion recognition, and predictive surveillance (clearly, Spielberg’s minority report made an impression).
While the US does not have comprehensive federal regulation of AI, the White House has released an “AI Bill of Rights,” which identifies key principles such as building safe and effective AI systems and considering humane alternatives such as alternative to minimize its risks. Some US states have proposed bills to regulate automated decision-making systems in the fields of employment, education, housing, health care, and financial services, among others.
India
“Tomorrow, and tomorrow, and tomorrow”
India currently has no AI legislation, draft or otherwise, but NITI Aayog has released two papers identifying key challenges to AI adoption in India; legal and ethical concerns surrounding the use of AI; and the need for self-regulation and collaboration among industry stakeholders. Separately, the Indian Council of Medical Research (ICMR) has published guidelines governing the use of AI in biomedical research and healthcare that prescribe, among other things, an ethical review process and requirements for valid informed consent.
With the growing international consensus on AI supervision, it seems increasingly likely that AI-specific legislation in some form is inevitable in India. Following Sam Altman’s testimony, Union Minister Rajeev Chandrasekhar addressed the issue of AI governance saying that India would do “the right thing” to protect the rights of its citizens and regulate AI through the “prism of harm to user”. According to him, the Digital India Act (which will replace the Information Technology Act of 2000) will contain an entire chapter on regulating emerging technologies, including AI.
Shantanu Mukherjee, Founder, Ronin Legal; Anushka Iyer, Associate, Ronin Legal; Shruti Gupta, Intern, Ronin Legal.
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