A jurist reflection on AI

In this article, I address some of the challenges that artificial intelligence encounters from a legal perspective. For example, can programmers’ personal biases ‘contaminate’ AI? And who could be held accountable if an artificially intelligent machine causes harm because of an error?

This article raises some specific questions regarding artificial intelligence from a legal perspective. But before we start, we need to break down a few things. For example, how to define artificial intelligence?

Legal systems have been shaken by a number of technological revolutions in the past, for example, the advent of the internet. Nonetheless, we could argue that legal systems tend to evolve (and react to) technological innovation at a more or less slower pace. For example, while the EU is starting to develop specific regulations to manage and limit the potential of AI, countless AI applications are already present in our computers, phones, and public places.

As a jurist, I have three primary reflections regarding AI software and possible legal troubles.

The third and final legal aspect concerns the aims of an artificially intelligent program and why the artificially intelligent program is used. Certain AI technology can be used to control people, for example, by tracking how human behavior. But they can also empower people, for instance, by enhancing one’s mobility with the help of autonomous cast. Should AI technology just be treated like any other invention, like a photo camera, for example, or should it be treated in a much more cautious manner to reflect the high stakes that are involved when using AI?

Going back to the previous examples regarding a potential installment of surveillance cameras in Venice. The collection of data raises ethical, and privacy questions because phone users have no idea a city could buy their information. The residents in Venice have also raised concerns regarding privacy because data from Venetians could also be swept up. The crime-preventing method of camera surveillance has also been criticized because it has treated suspects differently based on ethnicity. From a legal point of view, this means that it is important to be aware of the discriminatory potential of AI applications.

As so often in legal contexts, there are no clear answers to these questions. Very few laws or regulations exist that specifically address the unique challenges raised by AI, only a few standards have been developed specifically addressing who should be held legally responsible if an AI causes harm.

The rapid advances in AI technology have resulted in difficulties for lawmakers to keep up. The legal uncertainty and lack of accountability could lead to increased skepticism from the public towards AI and its developers. There is a high degree of confidentiality in the development of AI with several actors involved, which leads to decreased liability. Moreover, although the AI technology functions with a high degree of autonomy it could still be bias with human flaws and limits. The information the AI could access by, for instance, tracking human behavior could inflict personal privacy.

Now, I do not want to sound like a Luddite. AI technology has plenty of advantages; especially regarding reduction in human error. AI also facilitates decision-making by making the process faster and smarter. There is, however, a need to address liability issues related to new, and existing technologies. Hopefully, the legal framework will have a more substantial cover for these issues in the future. I hope that especially the EU will be able to balance between boosting the development of AI technology while addressing risks generated by specific uses of AI.

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