Artificial Intelligence and Law

2 years ago Mumbai Mehak Shah

What is AI?

Artificial intelligence is the practice of replicating human intellectual processes by computers, most notably computer systems. AI applications include expert systems, natural language processing, voice recognition, and machine vision. Artificial intelligence systems operate by ingesting massive amounts of labelled training data, analysing it for correlations and patterns, and then using these patterns to predict future states. A chatbot given examples of text conversations may learn to create realistic dialogues with people via analysis of millions of cases, while an image recognition software may learn to recognise and describe objects in pictures through analysis of millions of instances. The three cognitive skills on which AI programming focuses are learning, reasoning, and self-correction.

Pros and Cons of AI

The benefits of AI can be experienced as we ease our lives with Apple’s Siri and Amazon’s Alexa. Yet, there are cons that can’t be ignored. Below are the major advantages and disadvantages of AI:

PROS

1. No human error

Machines make accurate information by applying their algorithms sets while leaving no room for mistakes which makes it comparatively better than a work done by an individual. This leads to reduction in error and increase in accuracy.

2. 24*7 Operation 

Machines, obviously, do not get tired. Machines, unlike humans, can work without stopping and don't get bored performing the same thing again and over. It is available round-the-clock catering to customers across the globe and varied time zones seamlessly. 

3. Quick and Hassle free 

AI facilitates decision-making by making the process faster and smarter. It operates without interruption or breaks and has no downtime. A human decision involves a lot of thought process, emotions, etc where as on the other hand a machine has a rational approach since the decision is driven by previous information that is gathered over time and is practical in nature. 

CONS 

1. Expensive Machines

The development of the technology involves plenty of resources, time and effort making it costly. AI-enabled machines are complex in nature and hence heavy on pockets. 

2. Lacks creativity 

The machine is programmed and the decisions are driven by a set of algorithms which fail to examine the situation like a human brain can. The machine has learning capability but however cannot think out of the box. 

3. Reduces employment

As organizations strive towards more error-free and risk-free operations, the necessity for human intervention is diminishing. Add to that the fact that machines bring with them speed. As a result, many formerly available career possibilities have been eliminated. Simple data input and talking to consumers in the initial touchpoint, such as chat assistance, are increasingly done by bots that can do it more efficiently and around the clock.

How is AI being used as a help in the legal field?

Artificial intelligence (AI) is a highly powerful technology that you use all the time without even realising it. It's why, somewhere in the middle of this post, Google is likely to offer you an ad for something you looked at buying last night. But it's also firmly embedded in many of your legal instruments, and it's just becoming stronger.

In order to meet the demands for technological progress in the Indian legal services industry, new companies have emerged that are concentrating on developing NLP-based apps and legal research databases that will assist attorneys in doing research and analysis in a more efficient manner.

From drafting and reviewing to even managing a contract technology has come a long way. The speed and accuracy of such apps is so much higher than that of an individual. These apps can quickly and easily review contracts as per our requirements, cutting what was a two-week contract cycle to just a few hours.

You will come across a lot of databases and resources providing in the electrical form what was once a library for case-laws. These databases use AI to find out links between various case laws, provide a summary on those case laws and help make legal research more extensive in less time. 

Companies are seen coming up with smart contracts which are basically are digitally encrypted agreements that are formalised using cryptography. Smart contracts are intelligent because they operate on the execution of pre-set instructions while also ensuring regulatory compliance. They also explicitly eliminate any possibility of human involvement or mistake. All of these processes and procedures are documented and handled on all of the systems at the same time. As a result, each party may verify the stage at which the agreement is now operating and whether it has been fully respected or not. The contractual party benefits from such contracts for a variety of reasons, the most important of which is that even if the party wants to modify or alter the agreement to his advantage, he cannot do so after it has been codified.

Indian scenario for AI

India, as a developing country, has to stand at par with technological developments around the world to have a good growth rate. As the trend is of such advanced technologies, various government agencies have begun to incorporate blockchain and artificial intelligence into their research and development programs, like the National Policy on Software Products (2019), Framework for Regulatory Sandbox, the Coffee Board’s Blockchain-Based Marketplace in India, and a few more.

India does not have explicit laws for AI as of now but can be seen derived from various sources. For example, the AI-powered smart contracts are not specified in any Indian legislation as of yet, but for a basic concept, they may be derived from one of the notifications issued by the Telecom Regulatory Authority of India (TRAI) in 2018.

As stated in section 3 (k) 8 of the 1970 Patents Act, software is not patentable in and of itself, yet as we all know, artificial intelligence and blockchain are both forms of software. A writ petition was filed in the High Court of Delhi, and the registration of a patent was granted. The patent claim had previously been rejected by the Patent Office because it was considered a non-invention.  As a result, this petition underlines that just because an innovation is a type of software does not mean it cannot be patented. Rather, we live in a modern technological era in which the majority of our everyday chores have been automated as a result of software improvements throughout time.

Ignoring technological developments such as blockchain and artificial intelligence is both outdated and harmful. All of this points to a promising future for such cutting-edge technologies.

Though it is true that a country's favourable attitude toward modern technology does not guarantee that it will accept Smart Contracts, supporting such technologies does provide a brighter opportunity.

The law already provides for protection of many of the components of AI, even allowing the patenting of AI systems themselves. It is reasonable to hope that the law will meet the challenge of artificial intelligence in ways that we cannot now anticipate.

Hence there is an impending need for a legal framework to be developed in the area of Artificial Intelligence and in nearfutre AI will become a huge part in the Indian Judicial System. The legal profession has embraced the technology and has been revolutionised by it and will keep doing so. 










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