This Article is written by Charul Mishra, from Symbiosis Law School, Hyderabad. In this article, the author has dealt with the advancement of robotics and artificial technology in various sectors of India and the need for legislation or guidelines for the regulation of such technology.
With the advancement in technology, the world is using various techniques to make the work easy in every possible global field, be it a sector of business or law. Now, it has become necessary for people to use technology to save their time and use it for the betterment of the present and the future. However, using technology more than necessary may give motivation to various passive acts like a crime which are disadvantageous to every sector of the country. Thus, it has become very necessary to regulate the use of technology to maintain the healthy usage of technology by the people.
What is artificial intelligence and robotics and how are they utilized in the present world
It is said, artificial intelligence is not a new idea to the person who examines science creative writing. To understand AI and its nexus with our understanding of intelligence, one has to look into the development of the concept of AI. The term was first coined when people began trying to understand whether machines can truly think. In the 1940s McCulloch and Walter Pitts had first made an attempt to understand intelligence in mathematical terms. John McCarthy had used the term “Artificial Intelligence” in the Dartmouth Conference at the Massachusetts Institute of Technology. He defined AI as science and engineering of making intelligent machines, especially intelligent computer programs. According to him “every solid definition of intelligence relates it to human intelligence.”
Oxford dictionary defines artificial intelligence as a computer system capable of performing tasks that normally require intelligence from humans. Artificial intelligence is in layman words, the technology that acts and behaves like humans or other species. Popularly speaking, AI is a science and a collection of cognitive technologies inspired by how people use their nervous systems to feel, understand, reason and act. Artificial Intelligence is basically a complex concept that has several disciplines within its mandate, often overlapping ones. The key used as Artificial Intelligence builds models, software programs and tools using information which is pre-uploaded in the system.
Organizations such as Apple, Amazon, Microsoft, Google and Facebook use artificial intelligence techniques such as deep learning, machine learning and language processing to provide innovative and enhanced functionality through their services. These companies have purchased Artificial Intelligence companies targeting the capabilities of growing and thus establishing innovations such as Siri, Alexa, Google Assistant and Google Lens, all available on the mobile devices. Even, various financial institutions and hospitals have started using AI systems for fraud detection and disease diagnosis to efficiently harness the potential of their knowledge and solve more complex problems. Many deep learning techniques are used for video analytics that can support clients in the oil, real estate and maritime sectors by delivering real-time detection warnings.
Advancement in the use of robotics and artificial intelligence technology
India has made huge advancements in the sector of robotics and artificial intelligence technology. From the automobile sector to the legal sector, the usage of technology is rapidly increasing. The challenges faced by supply chain management without the assistance of computational resources will vary from the lack of visibility, poor linkages, matching demand with supplier output and regulation. The system of Artificial Intelligence programs can monitor and respond to real-time or expected demands automatically to scale supply chains. Machine learning and IoT apps are now looped in on the sharing of information where smart sensors can automatically detect failed connections within the supply chain.
Artificial Intelligence can also make online shopping experiences more intuitive and convincing. Analytic systems will investigate current consumer graphs to identify new buyers and virtual sales agents while predictive algorithms will communicate with consumers to improve sales. Artificial Intelligence programs can calculate the likelihood of failure in manufacturing components when managing operations. Machine vision also offers automated visual audits where personnel systems can deduce from employee data and past performance in order to assign the best employees available. The IT sector also utilizes self-learning algorithms to anticipate and avoid requests for maintenance.
In the manufacturing industry, utilization of industrial robots has increased significantly and demonstrably. It can also reduce production. Professional robots deploy utilities, such as restaurants or hospitals, in service industries. They give help to people with disabilities, to people escaping laborious or risky jobs. AI technology also has the ability to tackle societal issues such as caring for aging populations. Various research projects focusing on Autonomous Vehicles (AV) AI technologies are advocated for reducing road accidents, reducing traffic congestion, reducing fuel consumption and pollution, improving road safety, improving mobility etc.
Companies dealing in artificial intelligence technology have been looking for ways to develop technology for providing better, speedy, and accuracy in the legal profession also. The technological advancement in the legal profession has transformed the framework. Legal research is the most important aspect of practicing lawyer and because of technology, it has undergone a drastic development. Lawyers and firms are drafting and reviewing the contracts as well as the case documents with the help of software. There are different ways in which artificial intelligence technology is being currently applied in the legal profession around the globe and proving to be advantageous for law firms and lawyers respectively.
Apart from this, there are various companies that deal with providing robotics and types of machinery which use artificial intelligence to provide service to their owners. Some of the popular companies are stated as follows:
A startup based in Gurugram which specializes in security software to help reduce crime. It uses a facial recognition technology based on Artificial Intelligence to spot offenders in crowded environments. A more sophisticated version of this is the big-data policing network called Skynet in China.
Blue Sky Analytics
Shows environmental data in real-time, using high-resolution and high-frequency Artificial Intelligence in response to air pollution. These also provide forecasts of air quality along with measurements over the next three days.
Works with the agricultural sector to provide technologies such as image detection, review, grading, and processing of crops such as maize, chilies, wheat and potatoes.
An AI startup that aims to provide students with educational mentorship and guidance through processes of college admission. The framework is also open to specialists.
Uses a tool called ‘Thermalytix’ a thermal sensor system that scans the chest region like a camera (and solves safety and contact problems). Clear symptoms of cancer will be identified after the testing is performed through a pathologist.
Need for regulation of artificial intelligence in India
- With the knowledge and use of Artificial Intelligence and Robotics in the working system of the people, it has become a great challenge to regulate the use of these technologies. The major problem with the excessive usage of Artificial Intelligence is data protection because every Artificial Intelligence interface relies entirely on the data which is being fed into its system.
- Also, in the absence of the direct application of the human mind behind any action that an Artificial Intelligence system undertakes, there is no clause in any legislation or rule about which person should be blamed for the loss.
- Artificial Intelligence has yet to have a proper role in the Indian market which would be controlled and legally institutionalized by the government. Recently, on February 1, 2018, Niti Aayog released the national AI plan which tries to explain the probable guidelines which could be used to promote and regulate the use of Artificial Intelligence for all the sectors. In line with this goal, the Government is set to promote start-ups and infrastructure in training and research activities related to Artificial Intelligence.
- But nonetheless, certain rules have to be formulated to regulate the current operations of this technology, so that this would not create a treat for any type of data protection. In the event of a violation of the data protection system, the individual to blame in the absence of human intervention cannot be decided because the data protection regime in India is alarmingly weak to match the pace of growth of Artificial Intelligence.
- The Information Technology Act, 2000 is, generally speaking, only one legislation which includes that focuses on this subject. Whereas, it is indisputable that certain data protection and confidentiality safeguards have been laid down in Sections 43A and 72 of the legislation, but the safety measures fall far short of ensuring effective protection due to the obscure nature of the provisions, added largely through amendments. It highlights the need for robust data security regulations in India, along the lines of the European Data Protection Directive, the UK Data Protection Act (1998), the OECD Guidance on Privacy Rights and Trans border Personal Data Flows, 1980, and the Safe Harbour Principles of the US. Secondly, the government must put in place adequate safeguards in the form of prior intimation of extraction of information to individual users i.e., to the source of information.
- With this, the Government of India should put the effort into pulling off the difference between the promotion and regulation of artificial intelligence and robotics. The development of emerging technology has improved the standard of living and quality of life worldwide. Some countries have benefited further by being home to some of the most productive tech companies in the world, and also by building an economic ecosystem that will prepare them for more growth and supremacy.
- Apart from this, there are various laws that include mainly Copyright Law and IT law which will have to be changed for accommodating Artificial Intelligence as one of its provisions. In the case of copyright, since Artificial Intelligence has already begun to produce music and paintings that will eventually pose the issue of the applicability of intellectual property law on the works that are produced using technology efforts. The nature of legal personality is in whether such a person has the right to own property and the freedom to sue and prosecute. According to the Indian legal system, legal personality was not only given to humans, but the status of legal personality has also been given to non-human entities such as corporate houses for corporations and other legal persons.
- But to date, copyright has been granted only to natural or legal persons, and any machine or tool used for creating any original work is only considered as a mere tool and thus has not been granted any copyright in the program’s name. Today machine learning has increased the work which can be generated through Artificial Intelligence application. It is debated that the IPR law has to be amended to include Artificial Intelligence generated work. The result of the gap in copyright law and Artificial Intelligence registration in copyright law is widespread and may result in a decrease of valuable new works. However, before going for a lump sum process of law-making, the state can ensure basic guidelines to be followed by the companies who deal with such technology.
The Article can be concluded by stating that using Artificial Intelligence and Robotics has brought in advancement in each and every sector of India. With this, it will also pose a threat to many existing aspects of the sector including data protection and liability of the person for a loss. For this, the country is in need of special legislation or basic guidelines for usage or access to usage of Artificial Intelligence and Robotics so that these problems do not arise in the future.
LawSikho has created a telegram group for exchanging legal knowledge, referrals and various opportunities. You can click on this link and join: