Artificial Intelligence In The Ambit Of Legal Framework

With the increasing advancement of technology, the peril of deep fakes and fraud is also expanding and requires the armour of legal framework in the coming days

The role of technology and Artificial Intelligence (AI) is predominantly becoming significant and every work is being done with utmost ease but at the same time the enhancing technological advancement is also emerging as a threat to privacy and data theft. 

Shivaarti Bajaj, Co-Founding Managing Partner, RSD Bajaj said that now is the landmark moment where we are sitting with the advent of technology in terms of AI as one of the aspects wherein changes will have to be recommended at the level of the Copyright Act. 

Bajaj also said, “Copyright is basically preserving an artist's right of creators and we are literally sitting in the middle of a creative economy, wherein art is not only being created directly by mankind, from the hand, but using other interfaces too.”

Emphasising generative AI,  Dr Pavan Duggal, Cyber Law Expert said referring to his latest book based on Chat GPT and law, Duggal said, “I talk when I talk about generative AI and this is what I've argued in my latest book, chat GPT and law, that look at the terms and conditions that premonitions themselves are indicative of a pandora's box. Because they're telling you look, we have our data till 2021 and it's possible that the answer that Chat GPT gives you potentially be having copyrightable content of other writers or owners. If you want to go ahead, use it at your own peril.”

He also pointed over to the legal aspect related to AI and other technical assistance and said that I think till such time we are not able to come up with how we deal with the legalities copyright issues pertaining to artificial intelligence by this time. 

While speaking at the event,  Prof. Sunita Tripathy, Professor of Law, at Jindal Global Law School, O.P Jindal Global University said, “Japan is an outlier among all the countries dealing with laws related to AI because it has refused to give copyright protection to protect content creators power over the material or the output generating from AI. And what they are contributing is referred to as information governance.” 

From the practitioner’s perspective, Subhash Bhutoria, Partner, DSK Legal shared the necessary changes required in the legal framework related to AI and advanced technology. 

Bhutoria said, “AI has two aspects, the input data, the big data we're talking about and the output, which can be deep fakes. It's not an isolated statute or law that cannot just talk about copyright laws, but we have to look at it holistically from different aspects.”

He also appreciated the California Consumer Protection Act (CCPA) which has an option to opt out of the use of AI-generated data. 

Bhutoria rightly mentioned that we cannot probably regulate the creation of output or probably the development of AI platforms, but can regulate how this output can be used.

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