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Artificial Intelligence and the Law: Technology Regulation (Research Paper Sample)


this research paper sought to establish the relationship between artificial intelligence (AI) and the law. the paper highlights how some ai-based applications are likely to undermine the jurisdictions of various territories. the paper establishes that these new technological frameworks do not uphold the legal frameworks in various perspectives.


Artificial Intelligence and the Law: Technology Regulation
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TOC \o "1-3" \h \z \u ABSTRACT PAGEREF _Toc56658618 \h 3Artificial Intelligence: The Overview PAGEREF _Toc56658619 \h 4Artificial Intelligence Regulation PAGEREF _Toc56658620 \h 5Technicality robustness PAGEREF _Toc56658621 \h 5Ethical Considerations PAGEREF _Toc56658622 \h 6AI Applications and Contract Provisions PAGEREF _Toc56658623 \h 6AI and the Torts Law PAGEREF _Toc56658624 \h 7AI and Discrimination PAGEREF _Toc56658625 \h 9LITERATURE REVIEW PAGEREF _Toc56658626 \h 11Artificial Intelligence and IoT: Vulnerabilities, Threats, and Intruder Attacks PAGEREF _Toc56658627 \h 11Artificial Intelligence and Cloud Computing PAGEREF _Toc56658628 \h 13Ethical Issues Associated with AI-based Applications PAGEREF _Toc56658629 \h 13Privacy PAGEREF _Toc56658630 \h 13Data Integrity PAGEREF _Toc56658631 \h 13Third-party Policies PAGEREF _Toc56658632 \h 14Difficulty in Accessing Remote Applications and Services PAGEREF _Toc56658633 \h 15DISCUSSION PAGEREF _Toc56658634 \h 16Measures that Vendors Should Take to Safeguard AI-based Applications PAGEREF _Toc56658635 \h 16Key Distribution PAGEREF _Toc56658636 \h 16Fingerprint Automation PAGEREF _Toc56658637 \h 17Patch and Updates Management PAGEREF _Toc56658638 \h 17Data Aggregation PAGEREF _Toc56658639 \h 17CONCLUSION PAGEREF _Toc56658640 \h 18REFERENCES PAGEREF _Toc56658641 \h 19
Rapid technological advancements have achieved significant milestones in recent years, thanks to the collaborative efforts by information technology experts that strive to improve various sectors through collaborative efforts. This has eventually initiated artificial intelligence (AI), which is a technological framework that seeks to facilitate rapid development by supporting industries such as entertainment, manufacturing, production, supply chain, and automated home systems. AI usually deploys robotics to execute repetitive tasks and other duties that would otherwise be harmful to human beings. Despite enhancing performance excellence, AI also provides applications used to provide more comfort and convenience at domestic and enterprise setups. However, these AI-based applications are often deployed with little or no consideration of the legal implications likely to be associated with a particular setup. While the law requires that people’s sensitive data should not be shared to third-parties without seeking the individual’s consent, technology often bypasses this requirement. The Internet of Things (IoT) paradigm forms an integral part of AI, making it a central point of facilitating various IoT-based applications such as automated home systems, machine learning, and robotics. IoT interconnects these AI elements to enable users have full control from a single button. This paper seeks to discuss different application areas of artificial intelligence and how they are likely to compromise the law. The research utilizes peer-reviewed journals to get a better understanding of AI from the law perspective. Various drawbacks in IoT are also discussed to show how they undermine the tort law of product liability as users often suffer the full consequences. This study acknowledges the underlying legal issues associated with AI and concludes that there is a need to regulate technological platforms to ensure that the stakeholders take individual responsibility of the adverse consequences of their actions.
Artificial Intelligence: The Overview
Artificial intelligence refers to the use of automated methods, machines, and robots to perform complex tasks that require high quality output and standardization. These computer-controlled programs emulates human perception, language, and perception to enhance user-friendliness within their deployment platforms. Artificial intelligence has facilitated the development of more integrated technologies such as the Internet of Things (IoT) that provides centralized functionalities in industrial and domestic setups. IoT involves the interconnection of smart devices such as smart TV, surveillance cameras, data sensors, smart cities, healthcare systems, and other related technologies that are usually controlled from a central point (Moses, 2013). While stakeholders develop these platforms with the primary objective of enhancing industrial development and individual comfort, they usually fail to set stringent boundaries concerning the usage of these applications. Machine learning has gained an overwhelming global usage, thanks to the agile development of AI-based applications. These technologies are usually complementary to each other since they can be used concurrently to enhance their computational capabilities, generating significant profit for the vendors.
There is a considerably high development rate of disruptive technologies than the establishment of the legal guidelines that should monitor their usage. Though machine learning and artificial intelligence promises to enhance technology in various sectors, there are substantial uncertainties associated with these frameworks. Their robust performance capabilities have proven that they can easily bypass traditional customs without effective validation processes of potential implications. From the legal perspective, AI-based systems are likely to create environments where people feel that they are at will to explore their capabilities and expertise to enhance innovation without accounting for the consequences of their efforts (Scherer, 2015).
Artificial Intelligence and the Law
Significant studies have continuously argued that the increasing preponderance of artificial intelligence is likely to necessitate considerable ethical and legal concerns that must be addressed before these technologies become too complex (Cockfield, 2003). Commentators have argued that both technical and ethical experts are obligated with helping users understand how artificial intelligence technology is likely to impact societal issues. Some of the critical legal and ethical concerns of artificial intelligence and robotics were raised in 2016, when the British House of Commons drafted a report concerning the use of such technology. Amongst the issues highlighted include accountability, biasness minimization, privacy, and transparent decision-making that involves all the users (Fenwick, Kaal, & Vermeulen, 2016).
Reiterating Frenwick et al (2016), the European Commission’s high level AI expert group also established the Draft Ethics Guidelines for Trustworthy on Artificial Intelligence in 2018, which sought to regulate the growing technology. This draft was meant to define guidelines and specific compliance measures that must be met before deploying AI-related technologies, such as the use of drones by civilians to spy other people, organizations, and take aerial photography or video footages. These two significant aspects include the following:
Technicality robustness
This requires artificial intelligence to be robust in terms of performance, scalability, and reliability since it can always turn out to be extremely harmful despite its considerable benefits. It also implies that each AI-based application should provide a sustainable risk mitigation plan to leverage on the severe consequences it might subject users to, such as the loss of vital data due to cybercrimes. Vendors that fail to meet the minimum requirements of these regulations are compelled to seek alternative audiences in different regions, which might attract additional operational expenses.
Ethical Considerations
The AI-based applications must promote ethical objectives by respecting the applicable regulations and the users’ fundamental rights throughout the development phases. Despite the installation stages, their deployment should also uphold the core values and principles within the respective jurisdiction. Ethical adherence remains an underlying concern due to the general perspective that technological advancements often seek to enhance people’s livelihoods, ruling out the possibilities of these enhancements.
AI Applications and Contract Provisions
Artificial intelligence has an inherent nature that may compel organizations or individuals contracting for AI-based services to enhance their confidence in the vendors by seeking specific contractual protections. This is necessitated by the overwhelming number of underperformance instances or downtime occurrences in large-scale organizations, which can result in severe losses. Despite the risk of losing potential clients due to frequent software frustrations, these companies also risk financial crises that can compel the company to downscale some bulk remote services. Traditional software development practices often gave users value for their money since the applications would perform as described by the system analysts. However, AI-based technologies are dynamic, meaning that their performance can be influenced by radical factors in the industry. Experts argue that AI-powered machine learning technologies improve their performance by increasing their functionality scopes.
Contracts are significant for ensuring that both parties uphold the pledges they made during the initial software installation. The most significant aspect of such contract provisions should provide remedies that accommodate clients who suffer the consequences of poor configurations and underperformance in their software applications. This will also compel vendors to test their systems thoroughly and ensure that they are bug-free before releasing it to consumers. These provisions should also emphasize on comprehensive levels of service in every contract concer...

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