Artificial Intelligence - An Impact On Existing Laws

Author: LawSphereX

Category: Technology, Cyber & Privacy

Published: 2026-08-23T18:11:38.223Z

Updated: 2026-08-30T07:06:48.884Z

ARTIFICIAL INTELLIGENCE: AN IMPACT ON EXISTING

LAWS

Prashasti Singh Kushwaha, CSJMU, Kanpur University

ABSTRACT

Today when we try searching for our doubts on any search engine or on artificial intelligence programs, we come across different ways that each software interprets it. Search engines provide us with results by showing many references, opinions, examples, images, videos etc. all together in a detailed and organized manner. However, AI algorithms on the other hand give us narrow direct answers created with a single issue in mind from the questions asked, similar to human-to-human interactions. This shifting paradigm has created a buzz around this era leading to a fierce race between humans and AI techs. In this contemporary world, these advancements initially were taken as positive and advantageous assistance but now they seem to replace human work resulting in concerns about professional work including the legal milieu.

The law and its keepers used AI for research, drafting, writing, interpreting and analysis of document. Additionally, law students or law experts use it for research, violating Copyright rules and it can also be used in litigation prediction for arguments, reviewing contracts, examination of massive IP files with outlining drafts, and impact on Labour law, privacy concerns, etc. which will be subsequently elaborated through this paper. Keywords: Artificial Intelligence, Copyright, Labour, Litigation, Privacy

INTRODUCTION

Today instead of using software engines people find it convenient to use artificial intelligence, as AI blurs the distinction between human performance and machine working and maybe that is the reason for concern. In the legal world, experts their experience and students have it quite easy to use it thinking as an assistance initially but gradually taking the real job. AI in the legal context is developing and growing fast and since the legal services in the market are one of the largest which makes it is simple to access it through the digitized way. Technology should be governed by regulated laws, not laws that should be governed by technology (AI) and if it happens then there will be a “regulatory gap” in cases where the law fails to encounter the situation and technology prevails.

1Like surgery performed using artificial intelligence, the occurrence of accidents by AI-enabled automated vehicles, due to the dis-functioning of humanoid robots that harm people, the use of AI-enabled technology in cyber fraud and deep fakes and many more to come if we do not limit them in the legal boundaries before it overpowers or increases the regulatory gap. Though AI is still in its initial phases if we control it now it would be very advantageous for us in future. AI is being used for various purposes by legal experts which can be elaborated as:

1. Informative mechanism providing information from the past and keeping track of the

latest data about judgements and news information, evolution in its process to provide useful data is essential on a global scale. But it's working can sometimes be biased as its outcomes overall reflect the current social developments and understanding.

2. Evaluation aid of Artificial intelligence generation of outcomes for legal investigation

and reviewing of many legal documents like agreements fake electronic media and several files.

3. Document formats availability of formats like legal notices, patents, NOCs, letters etc.

an easy-to-access solution though it decreases the power to learn something.

4. Prediction capability to determine future probable outcomes of a given situation and

can also develop possible arguments with investigation and solutions for cases. 1, Brookings “Can Existing Laws Cope with the AI Revolution?”, (2020), https://www.brookings.edu/articles/canexisting-laws-cope-with-the-ai-revolution/ accessed Apr. 30, 2024.

How does AI work? Artificial Intelligence enables machines to generate content from vast quantities of data, like images, text and algorithms creating responses similar to human interaction. But these programs at times generate inaccurate answers and images reason based on their sources. Chatbots like Chat-GPT provide text conversation and programs like DALL-E can create images and videos. 2 Concerns related to AI: • Lack of transparency as the sources of responsive data are unknown and people cannot comprehend how the algorithm concludes the data. • Another issue is bias and discrimination as software is trained to obtain data and is dependent on the design of the system. • Major concern is Privacy, AI technologies collect and analyze large amounts of data which includes personal authentication and security information.

• Concentration of Power of risk that it is dominated by various working groups and professions thereby developing inequality and limiting diversity in AI application use. • Excessive reliance on AI disturbed the balance of decision-making and the learning process due to which there is an effect on human input and responsive abilities.

RESEARCH

METHODOLOGY

The paper is descriptive and analytical in nature and the research is based on secondary sources with deep understanding and study of laws that can intersect with present technological changes. REGULATORY FRAMEWORK FOR AI To address AI functions and challenges, global experts made it necessary to outline necessary BBC, “What is AI, How Does It Work and What Can It Be Use For? ”,(2023), https://www. bbc. com/news/technology-65855333 accessed Apr. 30, 2024. regulations to maintain the smooth transition of the technological landscape and maintain interoperability for scaling smaller organizations.

Taking into conscience internationally the Organisation for Economic Co-operation and Development (OECD) forwards its AI principles in 2019 that hold human rights and democratic values along with concerning demands of member countries further there was also the establishment of the OECD AI Network of Exports which expands the horizons for policy, legal, other industry experts for wide range discussions in this arena. Beyond the working of various organisations, an idea was put forth for the Global Partnership of Artificial Intelligence (GPAI) multistakeholder initiative whose aim was to bridge a gap between the theory and practice of AI-related priorities therefore encouraging international cooperation3.

United Nations with SDGs goals highlight the importance of a sustainable future United Nations Educational Scientific and Cultural Organisation (UNESCO) came forward with recommendations that were also put into working to regulate AI ethics. It is interesting to know that the European Union (EU) introduced the world's first comprehensive AI Act including the legislation for guidelines, exemptions, and transparency addressing growing concerns of privacy. Similar to the European Union, the US has also drafted a bill of the Algorithm Accountability Act (AAA) thus following the momentum of shifting tech paradigm.

AI legislation in India Unlike, other countries India is in its developing phase with the process of understanding the future complexities of humanoid intelligence and getting a wider view before introducing a codified law, but there are some provisions that more or less deal with AI issues:

1 Information Technology Act,2000

This act serves as fundamental legislation and 43A thereby dealing with the compensation for failure to protect data and Section 72 where there is disclosure or breach of confidentiality terms will be held liable for punishment or penalty or both under this act. 5

2 Personal Data Protection Bill,2019

As technology advances and permeates The Digital Personal Data Protection Bill, 2023 6was introduced in parliament after five years of negotiation and understanding. The act secures the processing of data in India and internationally along with upholding digital rights by maintaining the stakeholder relationship which consists of a Data fiduciary (an entity that collects and determines the means of processing data from the domain), Data principal (an individual whose data is being processed), Data processor (an individual or entity who processes data on behalf of data fiduciary) supposing a diagrammatic representation of the aforementioned terms in the context of AI is easily understandable.

Manages data directs Data fiduciary Data Principal Consent Manager (Any person who owns data) Data processor This act specifically includes the definition of “automated” as any digital process capable of responding automatically according to the instructions provided and an interesting term “artificial jurist” is used in the act to clarify what type of AI system are considered as “legal persons”. The right to access personal data, right to grievance redressal and legitimate use of data so far concerned with this act. 7

3 Indian Copyright Act 1957

An Intellectual Property right that provides exclusive rights from various sources and if the user uses that content even after required editing it still infringes the right. This is because the primary data obtained is only the crux idea of the concept whereas copyright law protects the expression of the thoughts in work rather than the idea that lacks human creativity if generated from AI, also held in the case of Camlin Pvt. Ltd v National Pencil Industries. 8The Delhi High Court determined in a case when music was produced by AI generation it lacked originality therefore ineligible for copyright9. However, as per the framework established by the act, AI cannot be assigned authorship of the work mentioned in section 2(d)(vi) of the Indian Copyright Act,195710.

4 Government policies and guidelines

The New Education Policy (NEP) included coding classes for school students and various government departments have integrated AIautomated learning to enhance services. NITI Ayog also launched AIRAWAT which stands for AI research, analytics and knowledge assimilation platform. It is a new automated infrastructure to facilitate research and software development. There is also a national governance plan to digitally empower citizens. LAWS INCONSISTENT WITH ARTIFICIAL INTELLIGENCE The Ministry of Electronics and Information Technology (MEITY) is considered the executive agency to constitute AI-related committees and strategies as discussed earlier there are no specific laws for automated Intelligence but so far NITI Ayog has developed a set of AI-enabled principles which briefly include privacy and security, transparency, ethics code, admissibility enforcement of fundamental rights.

Many Juris judgements have highlighted the social alarms caused by automated systems in various working and learning environments although a codified legal framework is essential. Labour law: The continuous advance of technology in different industries has now also significantly impacted employment although the introduction of Intelligence initiated more jobs in this field and according to the World Economic Forum (WEF) in its Future Jobs Report across 45 economies in the world, 69 million new jobs are expected to be created and 83 million to be eliminated AI can be useful but on the other hand, unintentionally cause problems11. In India, after the codification of 45 labour laws 4 labour codes, there has been a change in the workplace environment but there are still some issues unresolved.

As of today, several companies use AI for the recruitment process one such is the consumer goods company Unilever which uses Hirevue an AI algorithm that analyze video interviews and assesses candidate's suitability by their expressions, voice or language although it complies with time efficiency but raises concerns about potential bias by AI about visual interpretation (includes privacy interests also) and the question that whether they have been trained for aspects of discrimination. Therefore, for transparency, an employer should ensure the decisions are extensively made by AI. One other affecting issue is job displacement by AI majorly in the IT sector. According to studies some professions are more bent towards technology and are vulnerable to it like where there is more involvement of manual work.

Nowadays, you would have noticed in many news broadcasts the use of AI reporters or humanoid robots namely IRIS was used for teaching. Following the new Labour codes which do not mention AI or automated tech after it is being used as a substitute for the Indian workforce and in the hiring process which is an alarming problem. Cyber laws: The recent cyber frauds and threats using AI have subsequently increased like Deep Fakes foremost with violation of privacy. Cyber Laws in India are covered under the IT Act 2000 which was amended in 2008 comprising the definition of “cybercrime” and changes were made to the Indian Penal Code 186012 and the Reserve Bank of India Act13.

India lacks the legislation for deepfake crime but specific laws can convict the person under the plethora of civil or criminal wrongs for instance Section 66E and Section 66D of the IT Act are applicable to these cases of crime where a person captures, publishes or communicates to impersonate or for cheating thus violating privacy will be held liable under the provisions. 14 Intellectual Property Laws: While reviewing the IPR structure in India, the Parliamentary Committee in its Report 161 15referred to AI as “Artificial Intelligence, a discipline of computer 11 Saadia Zahidi, “The Future of Jobs in the Age of AI Sustainability and Age of Deglobalisation Age Of” Growth Summit Job and Opportunities (2023).

12 Indian Penal Code, 1860 (Act 45 of 1860) accessed 30 Apr 2024

13 The Reserve Bank of India Act, 1934 (Act NO. 2 of 1934) accessed 30 Apr 2024.

14 Information Technology Act 2000 (Act No. 21 of 2000), s. Section 66E and 66D

15 Government of India, “Review of Intellectual Property Rights Regime” (Ministry of Commerce, 2021)

science, mainly aims to develop systems as well as mechanisms that perform the tasks that generally require human intelligence. It refers to the ability of machines and technologies to perform cognitive tasks like thinking, perceiving, learning, problem-solving and decisionmaking. ”16The interference of AI in Copyright has been discussed and for a brief interpretation a notable RAGHAV case involving the copyright registration of RAGHAV (an AI system) as a human author of one of his paintings called SURYAST. Initially, it was rejected because absence of a human author but it was later granted protection when a human co-author was included17. Subsequently, a withdrawal notice was issued seeking clarification of the registration.

Moving towards the other IP laws like the Patent Act of 1970 and Section 3 - specifically Section 3 (k) of the act present the current standard of innovative technologies and what comes under the ambit of innovation. 18 According to the present scenario, there is a perpetual debate about granting patent rights to computer-related inventions (CRI) related to next-generation AI. Delhi High Court in its judgment of Ferid Allani v. Union of India &Ors. reiterating the principles of draft CRI guidelines of 2013 held that they are not barred from patentability but upon careful technical evaluation19. Can AI technology be considered as the inventor? the answer is unclear.

Section 6 of the Act elaborates on the application for a patent which is to be made by the first ‘inventor’ and Section2(1)(p) clears the image of the ‘patentee’ which is a ‘person’ who enters into patent office as owner of the inventory. 20The US Court of Appeals on Federal Circuit in the case of Thaler v. Vidal cleared that Ai cannot be listed as the “inventor”. 21 JUDICIARY: The Supreme Court first used AI when a committee was formed to launch a portal for the pendency of cases and a faster resolution portal called the Supreme Court Portal for Assistance and Court Efficiency (SUPACE) it also provided digitization of the court process. Another example is when the Supreme Court used AI for transcription of Maharashtra 16 Editorial, “Intersection of Intellectual Property Rights and AI-Generated Works -Part I”, Bar and Bench, (2024) https://www. barandbench.

com/law-firms/view-point/intersection-intellectual-property-rights-ai-generatedworks-part-i#:~:text=%E2%80%9CArtificial%20Intelligence,decision%20making. %E2%80%9D accessed Apr. 30, 2024.

17 ManagingIP Editorial, “Indian Copyright Office Issues Withdrawal Notice to AI Co-Author”, (2021)

https://www.managingip.com/article/2a5d0jj2zjo7fajsjwwlc/exclusive-indian-copyright-office-issueswithdrawal-notice-to-ai-co-author accessed Apr. 30, 2024. 18 The Patent Act of 1970 (Act 39 of 1970), s. Section 3(k) 2005 (ipindia.gov.in)> accessed 30 Apr 2024

19 Ferid Allani v. Union of India, 12 December 2019.

20 The Indian Patent Act,1970 (Act 39 of 1970), s. Section 6 and 2(1)(p) accessed 30 Apr 2024.

21 Thaler v. Vidal, No. 21-2347 (Fed. Cir.2022).

power struggle proceedings. However, AI is not capable of handling more complex tasks like formation of plausible arguments, negotiation, structuring of deals or contracts, participation in decision-making or representation in law proceedings. In the case of Jaswinder Singh v. State of Punjab where the presiding judge requested input from ChatGPT on granting bail when cruelty is involved however, it is to be noted that this input was solely to gain a wider perspective and the court will not consider its output as it is not based on case merits.

22 CONCLUSION

The rise of automated technology has significantly impacted the ethical and responsible use of it in the world. Countries and organisations are trying to balance their growth by forming legislation. This ongoing transformation requires a careful assessment of existing laws and their ambiguities. A complex interplay of AI and humans not be overlooked as future intricacies will develop problems and affect the rights of individuals. In India, there are no certain laws that can attribute any issue or discrepancy that occurred whilst dealing with AI technology. The principle of Stare decisis in the matters of court brought in the context of AI is considered beneficial but cannot fully harness the rising potential concerns. We know this evolution cannot be adaptive but gradually we need to start adjusting by protecting our rights.

22 Jaswinder Singh v. State of Punjab, 20 April, 2022.