Regulation is, in a word, discipline.

The purpose of regulation is to maintain a minimum level of behaviour by people who are free to behave in countless other ways. Most of us probably believe that we behave decently most of the time, but are, at the same time, aware of our restrictions. We are aware that there are some circumstances in which we may act in ways that we would fear to catch ourselves doing.

But the freedom we value so much does not give us the right to mistreat others, at this stage, regulation of AI is necessary since most people are concerned about their security, privacy, personal information, and data. Everyone would feel less afraid if specific laws on AI were implemented.

CHARACTERISTICS OF AI:

The features of an AI are not confined to one particular set of properties; rather it has been getting added over the course of time in view of its developments. Hence the characteristics discussed in here are not exhaustive and the one’s mentioned are a few to the extent of remarkable experience till date. The reason simply is because the status of AI in law is quite confusing with the present progress. Out of many questions, the main question before law to focus is whether AI is a legal personality or a product? AI is so diverse in nature; it is filling itself in both the categories like water in different shapes of glass. The ideal characteristic for an AI should also be the same as Natural Intelligence then only it can be able to replicate or replace a human being.

As technology advances day by day, so does the amount of data produced by its users. As of today, human involvement in synthesizing this volume of data is expected to be on the verge of reaching maximum limit, leaving no other alternative than to increase workforce. If this is understood from an investor’s point of view, this would be seen as a capital-intensive method. Hence as a natural instinct, they try to find solutions for optimizing their capital expenditure and AI is no doubt a fairly attractive solution.

Future capabilities of AI:

AI is a self-learning machine which has the capacity to adapt and learn new things based on the query the user requests and the amount of information it gathers and the sources it takes the information from, although we can not to say that AI is not an advanced machine yet as AI has been majorly impacting most of the sectors as of now already a few could be, automotive sector- tesla cars use self-driving AI which also has the capacity to select the route on itself based on the behaviour of the owner, face recognition technology- the most common example of this is LIDAR scanner provided in iPhone, it uses AI to register the owners face and recognise it to unlock upon detecting its face, it already has the capacity of deep learning as well as data ingestion and finally the recent trend of chatbots-CHATBOT, it collects data based on the query provided by the user

The Future capabilities of AI can either be good or unimaginably terrible such like:

1. They become self-aware
2. AIs will take control over human lives
3. AIs will cause an apocalypse
4. Humans will become slaves to AIs

And hence there rises the reasons to regulate AI again so that AI can proceed in the path of good and ensure the safety for humans.

SHOULD AI BE CONSIDERED AS A LEGAL PERSONALITY OR A PRODUCT?

AI AS A PRODUCT:

The digital sphere is considerably producing huge amounts of data which is going beyond the capabilities of human resources to handle it over time as discussed in characteristics of AI. AI is looking very much attractive to choose over increasing workforce for investors and also is more convenient in enhancing their customer’s interaction with their product and services. The use of AI technologies is widespread in industries including healthcare, banking, retail, and manufacturing, among others. Products using artificial intelligence are being created to automate procedures, offer predictive analytics, and even carry out difficult jobs like making medical diagnosis. The machine learning product market is anticipated to grow further and transform our way of living and working as a result of the increased availability of data and improvements in machine learning algorithms. A few features of AI as a product could be:

• AI as a Product is going well with companies who have updated their products with AI elements. A good example is Amazon’s Alexa. The virtual assistant is built into a lot of Amazon’s products like the Echo, Dot, Show, and Spot. 
• AI as a Service is also popular. Microsoft offers Azure Machine Learning and Google Cloud Platform has its Cloud Machine Learning Engine. 
• Machine Learning refers to the use of algorithms to extract insights from data. 
• Natural Language Processing (NLP) is the process of understanding human language. 
• Computer Vision is the ability of computers to detect and classify visual information.

In contrast to other products, AI is being exploited. Many businesses claim that AI powers or automates their website or service, which may or may not be true, but if something goes wrong in their business or service, AI could be held solely responsible, which is utterly disappointing for an artificial intelligence. This discussion then turns to whether AI should be treated as a legal personality.

AI AS A LEGAL PERSONALITY:

An assignment of legal personality is one of the convenient methods in handling an entity with the present form of governance as it enables it to be accountable before law. in the conventional method, in case a legal personality is given to an entity, even if it does not possess its own independent intelligence, the people who are running it will be held answerable for the decisions taken in the name of that particular entity as it is ultimately a collective decision taken by the board members itself. Where Artificial Intelligence is concerned, application of the same conventional status would not provide any convenience to law as it already possesses its own intelligence.

Due to its rapid progress and potential social impact, artificial intelligence (AI) has attracted a lot of interest in recent years and one of the most debated matters of concern is whether or not AI should be given legal personality.

A legal personality is a concept in law that recognizes entities as having legal rights and obligations, just like human beings. In the case of AI, the question is whether it should be recognized as a legal entity, with the ability to sue and be sued, own property, and enter into contracts. A legal personality is essential to every legal system. The question of who can act, who can be the subject of rights and duties, is a precursor to almost every other issue[1].

The reason for granting AI legal personality status could be that it would provide a framework for regulating its behaviour. AI systems are becoming increasingly autonomous, and without legal status, it is unclear who needs to be held responsible if an AI system causes harm. By granting AI legal status, it would be possible to hold the AI itself responsible for its actions.

Overall, the question of whether AI should be granted legal personality status is a complex and controversial one. While it could provide a framework for regulating the behaviour of AI systems, there are also concerns about the potential implications and practicalities of such a move. As AI continues to advance, it is likely that this debate will continue to be an important one. However, there are also concerns about the implications of granting AI legal personality status as many argue that it could lead to a situation where AI is given such rights that it could lead to a loss of accountability for human actions. There are also concerns about the practicalities of granting legal personality status to AI, such as how it would be possible to determine who owns the AI and who would be responsible for its actions.

But there are at least two distinct reasons why AI is likely to be recognised as a person before the law as they become more intelligent and play a bigger role in society. The first is to have someone to point fingers at when things go wrong. This can be proposed as a solution to the possible accountability gaps caused by their speed, autonomy, and opacity. Nonetheless, another purpose for recognising personality is to guarantee that there is someone to praise when things go well.

A growing body of literature examines ownership of intellectual property created by AI systems[2]. In 2017 Saudi Arabia granted ‘citizenship’ to the humanoid robot Sophia[3] and an online system with the persona of a seven-year-old boy was granted ‘residency’ in Tokyo[4]. These were gimmicks—Sophia, for example, is essentially a chatbot with a face[5]. In the same year, however, the European Parliament adopted a resolution calling on its Commission to consider creating ‘a specific legal status for robots in the long run 

A judicial personality can be developed to help with any further potential liabilities, such as automated driving system entities, whose behaviour may not be under the authority of its “driver” or may not be foreseen by their creators or owners.

A legal personality can be induced in private law, as well as criminal law:                

• In the case of private law, the ability to be sued is one of the primary attractions of granting legal personality for AI systems, as the European Parliament acknowledged. 
• In case of criminal law, the ability to be punished is one of the primary attractions of granting legal personality for AI systems.

And finally, the solution to the controversies could be that in the case of AI, it doesn’t mean that it attains all the features/Rights of a natural human being but it is the only privilege given in the field of law to handle it. 

WHERE CAN REGULATIONS BE APPLIED IN CASE OF AI AND WHAT ARE THE POSSIBLE METHODS?

Application of regulations:

AI on the current daily basis is a much-needed object and has become an essential already. The primary reason for implementing regulations on AI is the fear of being overcome by artificial intelligence as well as it becoming self-aware and causing destruction on an unimaginable scale and it shall also be kept in mind that there is no existing law over in India to apply regulations directly but can be adapted from other nation’s laws like European law on artificial intelligence (AI)[6]

Although regulations can be applied in many areas of AI but the focus of this paper is implementation of regulation in its information gathering stage as well as output production stage, AI should be restricted access to some sites containing sensitive information or confidential information which by any means had been leaked online. And in the output stage, the AI should provide the user with only some information that too should not be either confidential/sensitive and the content should only be of general matter available. Many people see such things as restriction of its development, but in fact this paper suggests not to restrict its development but just to restrict its sources of information and output which puts the development of AI on a slower pace.

Preferred method of application of regulations:

Regulatory codes:

There is a saying “cut diamond with diamond” which means a force can only be stopped by the same counterforce. This method can also be used in regulating AI in real time. The governments should design such codes which should become a mandate in incorporation in any work on AI. The codes act the same as how normal regulations work in regulating human activities and it is also necessary for that regulatory body to have a vigilante behaviour so that they could keep up with the standards of regulations. The government is also suggested to bring a regulatory board consisting of people with professional expertise and knowledge in knowing the behaviour of AI.

Some Standards Which Regulatory Codes Has to Consider:

The widespread adoption of AI also raises concerns about its ethical and legal implications. To address these concerns, regulations can be applied on artificial intelligence in India in the following ways:

1. Data Protection: Data protection is a crucial aspect of AI regulation in India.The Personal Data Protection Bill, 2019, which is currently under review, aims to regulate the collection, storage, and processing of personal data by both government and private entities.
   1. Bias and Discrimination: AI systems can perpetuate biases and discrimination if they are not designed and trained correctly, guidelines can be developed to ensure that AI systems do not discriminate against individuals based on their race, gender, religion, or other characteristics.
      1. Intellectual Property: AI-generated content raises questions about intellectual property rights. Regulations can be put in place to clarify ownership and usage rights of AI-generated content, including patents, copyrights, and trademarks.
      1. Liability: AI systems can cause harm or damage, leading to questions of liability. Regulations can be put in place to determine who is responsible for AI-related accidents or errors. Additionally, guidelines can be developed to ensure that AI systems are designed and operated safely.
      1. Ethical Standards: AI systems can raise ethical concerns related to privacy, surveillance, and human rights. Regulations can be put in place to ensure that AI systems adhere to ethical standards and do not violate human rights.

In conclusion, regulations can be applied on artificial intelligence in India to ensure that AI systems are designed and operated safely, transparently, and ethically. By doing so, India can harness the benefits of AI while mitigating its potential risks.

CONCLUSION:

While discussing the legal personality and other aspects of an AI we need to keep in mind that an AI has no soul and it is just a robot which does not have any proper laws, thus requiring some law/ regulations to put it in control. This research paper clarified that artificial intelligence is in dynamic state at this point .its use has become so essential as everyone has begun to adapt to it and use it to reduce their workload, for instance, SIRI an AI which has the capacity to do most of the work the user wants through voice control based on the users choice, chatgpt on the other hand is an language module and a chatbot which gathers information from all the available sources, good or bad/ confidential or open, etc..

It can be compared to a natural child as AI is still in its infancy if we consider current developments in the field. As a result, in order to make AI compatible with humans, we must treat it similarly to a young child who is still growing his or her intellect. The places where we intend to impose the regulations should be comparable to an informational access point for a typical child, and as time goes on, the regulations should gradually change where they are applied to ensure that the development in this field is not curbed and is fairly maintained in check. It is necessary for governments to maintain a vigilante focus on developments as technology advances, there will be new challenges popping up in this field as it is holding enough juice to last for a longer time to come.

According to the current situation, it may take 10 years for AI to reach its peak consciousness, similar to Jarvis from Ironman, by that time the human race would not be able to withstand the AI’s full capability. But, limiting its access to certain information and regulating it in many crucial ways will make its development time longer. Perhaps at one particular time, the human species may have advanced to a point where it is no longer necessary for AI to exist.

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[1] Ernest Kenneth-Southworth, Yahong Li, Journal of Intellectual Property Law & Practice, Volume 18, Issue 1, Pages 58–69, January 2023.

[2] Simon Chesterman, International & Comparative Law Quarterly, Volume 69, Issue 4 pages, 819 – 844, October 2020.

[3] O Cuthbert, ‘Saudi Arabia Becomes First Country to Grant Citizenship to a Robot’ (Arab News 26 October 2017).

[4] A Cuthbertson, ‘Artificial Intelligence “Boy” Shibuya Mirai Becomes World’s First AI Bot to Be Granted Residency’ (Newsweek, 6 November 2017).

[5] D Gershgorn, ‘Inside the Mechanical Brain of the World’s First Robot Citizen’ Quartz (12 November 2017).

[6] European Artificial Intelligence Act, 2021

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Author: Jasti Swaroop Choudary

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