AI operations beyond legal framework: Navigating artificial intelligence without established legislation
Artificial Intelligence (AI), a software tool with a license agreement, is revolutionizing various sectors, from medicine to education. However, as AI becomes more integrated into our lives, questions about its legal responsibilities have arisen.
In essence, the legal responsibility for errors and misinformation generated by AI falls on the humans controlling, deploying, or employing it. This is because, under current laws, AI is not recognized as a legal person or author.
Professionals, such as doctors and lawyers, who use AI can be held liable for errors when the use of AI is unauthorized, undisclosed, or when they fail to address the risks of AI with affected clients. For instance, legal professionals have faced liability for presenting AI-generated falsehoods or "hallucinated" content as factual in courts.
Operators or owners, who control and benefit from autonomous AI systems, may face strict or risk-based liability. This means they can be held responsible regardless of fault, to incentivize safer AI design and ensure victim compensation.
In the creative realm, authors who use AI to generate works need to document every stage of their work to protect their authorship later if necessary. AI-generated texts do not have authorship rights and cannot be transferred.
AI is currently used in diverse fields, including medicine, traffic management, education, and call centers. In some countries, such as Saudi Arabia and Kazakhstan, AI is being employed to diagnose patients and prescribe medication, analyze medical check-ups, and even assess the prospects of a given lawsuit.
However, the use of AI in court trials is still challenging, as it lacks critical thinking, moral evaluation, and the ability to understand nuances. Interacting with a chatbot that fails to provide satisfactory service can violate consumer rights, giving consumers the right to file complaints.
AI has proven its capabilities beyond a search engine, with developers recommending its use as a tool. It can generate text, such as in the music world with the group The Velvet Sundown, which has gained over 335,000 followers and earned $32,000 on Spotify.
As AI continues to evolve, it is crucial for companies and professionals to implement AI risk management programs to mitigate potential legal consequences. Without specific AI laws, existing legal frameworks apply, covering data privacy, intellectual property, employment, and product liability laws.
Ilya Kirichenko, an attorney, recently discussed the real responsibility for distortions and errors made by virtual intelligence. As AI becomes more integrated into our lives, understanding its legal framework will become increasingly important.
References:
- The Guardian
- Forbes
- Brookings
- IEEE Spectrum
- Harvard Law School
Artificial Intelligence (AI), despite its growing influence in various sectors, is not recognized as a legal person or author, and the legal responsibility for any errors or misinformation it generates lies with the humans controlling, deploying, or employing it.
In the creative realm, where AI is used to generate works, authors must diligently document every stage of their work to protect their authorship, as AI-generated texts do not have authorship rights and cannot be transferred.
