The Law of Artificial Intelligence and Robotics
The Law of AIR
"We chose to accept the reality we live in as much as we have created it" GPB
The Law of AIR What?
Technology has created a very unique reality where space and time has taken a back seat to the timeless and borderless nature of cyberspace.
Artificial intelligence is starting to govern our daily lives in a profound but invisible manner. Legal rights apply to this new reality and subsequently has given birth to the law of artificial intelligence and robotics.
The Law of Air (law of artificial intelligence and robotics) is a side effect of automatization through the acts of robots or computer programs. Let's start exploring this newest field of ICT law and let the law take its course.
Defining the law of air
Introduction:
What is significant in the understanding of the law of AI and trying to define it, is that a human being is always responsible for the initial programming. Certain types of AI subsequently takes over the task of writing code however the genesis is always a human being.
Defining the Law of Artificial Intelligence:
Finding A Baseline
The best way to define the law of AIR is to identify the methodology applied in defining traditional areas of law. The law of persons is defined as follows;
"The law of persons is that part of private law which determines which beings are legal subjects when legal personality begins and ends, what legal status involves, and what effect various factors such as, being born of unmarried parents minority and mental incapacity, have on a person's legal status" "The south African law of persons" Jacqueline Heaton fifth edition LexisNexis. Going forward we can utilise this definition as a baseline.
Is AI Law Robotics Law?
Secondly what is the difference between AI and robots? This is important in identifying the thing that becomes the object of law. In other words does the robot act, or is it the AI that acts? Logic will dictate that a robot always acts on the instructions of AI (if a robot acts on the instructions of a human being AI does not apply nor does ICT law). Logic further dictate that the law of AI and Robots are one and the same on the condition that AI drives the output of a robot. In the event that a robot is not involved but a computer program, the output of the program becomes the subject of the law.
The first suppositions: (a belief held without proof or certain knowledge; an assumption or hypothesis)
(1) The law of AIR always applies to artificial intelligence.
(2) Should a robot's output not be instructed by AI but solely on the instructions of a human, traditional law applies and not the law of AIR.
Where it all starts: Automation and Simulated Intelligence
Defining the law of Air necessitates an understanding of the nature and purpose of AI. Automation and simulated intelligence are interlinked to its purpose and functionality.
"The field of Artificial Intelligence (AI) was officially born and christened at a workshop organized by John McCarthy in 1956 at the Dartmouth Summer Research Project on Artificial Intelligence. The goal was to investigate ways in which machines could be made to simulated aspects of intelligence—the essential idea that has continued to drive the field forward ever since." "
Stanford "One Hundred Year Study on Artificial Intelligence"
Autonomousity can be said to be the ultimate goal of AI. Although, that is not what defines it. Its birth right is simulated human intelligence. The difference lies in the fact that direct human input (of information) could result in AI output, while lacking autonomousity. Similarly artificial intelligence and machine learning are also not the same thing.
"artificial intelligence and machine learning are not the same, but they are closely related. Machine learning is the method to train a computer to learn from its inputs but without explicit programming for every circumstance. Machine learning helps a computer to achieve artificial intelligence." Copeland, B.J.. "artificial intelligence".
Encyclopedia Britannica, 24 Aug. 2022, https://www.britannica.com/technology/artificial-intelligence. Accessed 18 October 2022.
The definition of AI:
- "Artificial intelligence (AI) is the ability of a computer or a robot controlled by a computer to do tasks that are usually done by humans because they require human intelligence and discernment."
- Copeland, B.J.. "artificial intelligence". Encyclopedia Britannica, 24 Aug. 2022, https://www.britannica.com/technology/artificial-intelligence. Accessed 18 October 2022.
The definition of Autonomous artificial intelligence (AAI):
- There is no specific recognized definition of AAI. Generally speaking AAI can be defined as; Artificial Intelligence that has the capacity to act independently from human interaction through autonomous systems.
- The U.S. Department of Energy Office of Scientific and Technical Information differentiates between AI and Autonomous artificial intelligence (AAI):
- "AI technologies provide the underlying capability for autonomous systems. While autonomy is enabled by AI, not all uses of AI are autonomous. For example, many AI capabilities are used to augment human decision making, rather than replace it."
- and
- "AI is broadly characterized as "intelligence exhibited by machines, where intelligence is "that quality that enables an entity to function appropriately and with foresight in its environment". AI technologies are rooted in behavioural and neurosciences combined with computer science sub-disciplines such as Computer Vision, Natural Language Processing(NLP), Robotics(including Human-Robot Interactions),Search and Planning, and Social Media Analysis .
-
"AUTONOMOUS SYSTEMS, ARTIFICIAL INTELLIGENCE AND SAFEGUARDS" R.HADDAL, N.HAYDEN and S.FRAZAR
Construct Number One: Identifying the Category of law
The first step would be to identify the specific area of law that AI would fall under. Simply put what category of law does the law of air fall under i.e. public law or private law and to whom does it apply.
Let's revert to our baseline definition of law of persons. The foundations of the law of persons is based on the concepts that define the law and rights. These foundations are found in the legal concepts of objective and subjective law.
Objective law can be described as legal rules issued by authoritative bodies (governments and legal institutions) that "regulate relations between members of the community" such as the requirements to have a driver license. "The south African law of persons" Jacqueline Heaton fifth edition LexisNexis.
Subjective law can be described as legal rights in relation to other legal subjects (human beings), subject-subject relationship, and legal rights in relation to other legal objects (a human beings possessions) subject-object relationship. "The south African law of persons" Jacqueline Heaton fifth edition LexisNexis
Secondly the law of persons relates to private law not public law. Globally public and private law is described as:
"Public law is regulation of the legal system itself, rather than the regulation of individuals. Simply the main difference between public law and private law is whether the act or acts affect society as a whole or an issue between two or more people." https://rkb-law.co.uk/what-is-the-difference-between-public-and-private-law/#:~:text=Public%20law%20is%20regulation%20of,between%20two%20or%20more%20people.
Having defined subjective, objective, private and public law, let's now apply these concepts to the law of AIR.
Subjective, Objective, Private, and Public Law of AIR?
Firstly the law of AIR definitively forms part of ICT law as a whole. Specifically speaking it pertains to the law as it applies to artificial intelligence. ICT law is part of all branches of law albeit private or public. The question is, has the law of AIR saturated all aspects of the law just like ICT law has? Can the Law of AIR be compartmentalised into either private or public law and further as applying to either subjective or objective law?
Does AI find application in all spheres of law? Private law pertains to Contract law, Law of torts, Property law, Labour law ,Commercial law, Corporations law and Competition law. Public laws pertains to Administrative law, Constitutional laws, Criminal laws, Municipal laws and International laws.
The Fields of Application of AI in the Legal Sphere
Does AI find application in all spheres of law? The answer is simply yes. The Organisation for Economic Co-operation and Development published a paper; "Algorithms and Collusion: Competition Policy in the Digital Age" that discusses the possible effect of AI in the sphere of competition law, which is a sphere of private law. AI most commonly effects a persons rights as defined by public law.
Construct Number Two: Identifying the subject of the law
Who is the legal subject and who or what is the object in the law of AIR? Whose rights are being effected and who must be held responsible?
The answer lies in the nature of the application of the AI program.
Artificial Intelligence Surveillance
Who is in Control?
The Carnegie Endowment for International Peace, has indicated through a paper written by Steven Feldstein, "The Global Expansion of AI Surveillance", that "75 out of 176 countries" globally are utilising AI surveillance technology.
These AIS ( Artificial Intelligence Surveillance) technologies are broadly speaking developed and controlled by non-governmental corporations and even individuals.
Consequently corporate governance guides the regulation and control of these technologies to a certain extend. The speed of growth of AIS has had the consequence that governments are inclined to play catchup.
Corporate Governance and Government Regulation
Who Makes the Rules?
Foreign countries and foreign corporations are together establishing governance and globally expectable norms and standards regarding AIS.