Challenges In Artificial Intelligence - A Comparative Analysis Of Policy Implications In India, United States And Germany
Srishti Dey, LLM, UPES, Dehradun
ABSTRACT
When McCarthy coined the term “artificial intelligence”, he meant the basics of machine learning. The algorithms building mathematical data to allow a processor make human-like choices, and make human-like predictions without any support of human emotional intelligence or human reasoning is what is labelled as computer intelligence. However, machine learning and computer intelligence cannot be compared with human reasoning and human emotional intelligence at this level where it is still in its developing phase and which has seen encouraging development in recent past decades that seems pretty alarming sometimes that tend to have a feeling of AI being a problematic development.
In accordance with India’s legal code of jurisprudence, legal personality of AI must be determined, which shall tend to mean that AI too has a bundle of rights and liabilities. Since the general liability scheme considers the producer/manufacturer of the product or services responsible for harm being caused, might be an approach to be considered. AI which is considered as autonomous working technology, has the capacity to think, and as these machines start interacting more with humans, there are possibilities of more legal issues to arise. Such as, who to be held accountable for any criminal liability arising from any fault of AI? Such questions have already been argued in the courts of some of the countries such as Germany and U.S.. Whereas, India by their example must be legally prepared and strategise to face such unpredicted technology in the coming future. There has been a start of a race across the world to develop law and strategize the further AI plan in their consecutive countries keeping in mind the advantages or the harm this technology shall possess. Germany has come up with ethical rules for self-driving cars considering human life to have more priority over property. Other countries like China, UAE, Korea and Japan are following Germany in developing laws on self-driven cars for human safety. NITI Ayog (National Institution of Transforming India) released an artificial intelligence policy paper named ‘National Strategy for Artificial Intelligence’, which has considered the significance of AI in several different sectors in India. The Budget 2019 also intended to launch a national programme on AI. While all of these developments are happening on the technological front and are happening so fast, no absolute policy frameworks have been made at the forefront to manage this rapidly growing industry till date. The real question is, when will we draft a human made machine intelligence bill of rights? Who will get to decide that? And What rights and liabilities will that consist of? This paper discusses the ethical and legal implications, challenges of AI, its legal personality, following the strategies being made by the U.S, Germany and India to tackle down the possible challenges of AI. By merely initiating to make some laws in the AI sector, our current legal system possibly should look forward to resolving any implications arising due to ongoing technological development in the field of AI. This will also ensure that our interactions with AI are safe and occur as humanly as possible in the near future.
Keywords: Artificial Intelligence, Legal implications, ethical implications, India, U.S, Germany, NITI Ayog, National AI strategy, frameworks, United States, Germany.
