By Shantanu Mukherjee, Anushka Iyer and Shruti Gupta
Artificial intelligence (AI) is a staple of the season. Since his November 2022 explosion of his ChatGPT, Open AI’s chatbot, AI has become the most exciting thing in tech. Microsoft invested his $10 billion in OpenAI and integrated the engine into Microsoft’s suite of products. A dizzying array of AI tools are entering the market. And according to PitchBook data, about $1.7 billion was invested in AI companies in the first quarter of 2023 alone.
legal and ethical concerns
“Is this the dagger in front of me, or the hilt in my hand?”
AI is creating art, writing code, and inventing medicine. However, this sudden and unregulated proliferation of AI has sparked lawsuits and controversies around the world, as well as calls for AI regulation. Concerns voiced about AI displacing human jobs, perpetuating prejudice, violating data privacy, violating competition, intellectual property (IP) and contract law, and generally posing an ‘existence risk’ to humanity is rising.
A number of artists have filed class action lawsuits against Stability AI, Midjourney, and DeviantArt for using copyrighted artwork to train AI models without the creator’s permission. The Center for Art Research and Reporting has released an open letter calling such misappropriation of copyrighted images “the greatest art heist of all time.”
With AI becoming more sophisticated and capable of independently creating copyrighted works, questions such as whether AI tools can be said to infringe intellectual property, whether they are legally considered inventors or creators, etc. Several questions have arisen over intellectual property (most jurisdictions have held that AI tools cannot infringe intellectual property). As regards India, computer programs and software per se cannot be patented under Indian law unless they demonstrate technical effectiveness, but the Delhi High Court recently ruled that India could He noted that this position may need to be reconsidered.
AI oversight and regulation
“I felt like I heard a voice say, ‘Don’t sleep anymore.'”
OpenAI CEO Sam Altman agreed in early May testifying before the U.S. Senate Judiciary Subcommittee on AI Surveillance that there should be legislation to regulate AI, but since then made the news after threatening to withdraw from Europe if it confirmed compliance with the European Union. AI act is too difficult.
Several countries, including China and Singapore, have drafted AI legislation, but the EU AI law, which could be enacted within the next few months, is perhaps the most comprehensive. Together with the AI Liability Directive, it aims to introduce a comprehensive and restrictive framework for AI governance, disclosing to developers whether copyrighted material is used in the development of AI systems, among other things. (This may change the nature of generative AI).tools are trained), and a blanket ban on the use of AI for biometric surveillance, emotion recognition, and predictive policing (apparently, Spielberg’s minority report impressed).
The United States does not have comprehensive federal AI regulations, but the White House has issued an “AI Bill of Rights” to help build safe and effective AI systems and to replace humans as an alternative to minimize risk. It identifies key principles such as consideration of means. Some US states have proposed legislation to regulate automated decision-making systems in the areas of employment, education, housing, health care, and financial services, among others.
“Tomorrow, tomorrow, and tomorrow”
Although there is currently no AI bill, draft, etc. in India, NITI Aayog has published two papers identifying key challenges to AI deployment in India. Legal and ethical concerns regarding the use of AI. and the need for self-regulation and cooperation among industry players. Separately, the Indian Council for Medical Research (ICMR) has released guidelines governing the use of AI in biomedical research and healthcare. The guidelines stipulate, among other things, the ethical review process and valid informed consent requirements.
Shantanu Mukherjee, Founder of Ronin Legal. Anushka Iyer, Associate, Ronin Legal. Shruti Gupta, Intern, Ronin Law.
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