Future Prospects Of AI In ‘Β’ Generation
Author: LawSphereX
Category: Technology, Cyber & Privacy
Published:
Updated:
FUTURE PROSPECTS OF AI IN ‘Β’ GENERATION
Dr. Hina Gupta, Assistant Professor, Shri Ram College of Law, Muzaffarnagar
ABSTRACT
In twenty-first century, human race have developed so much, specially, in the field of technology. Today, we have shifted from landline phones to 5G Android or iPhones, from Desktop to slim laptops or iPads, from bullocks to flying cars etc.. This is just a beginning of technological development and many more yards to cover yet. Role of Artificial Intelligence is also very high in the development of technology. The concept of Artificial Intelligence is not new, though we are getting aware late on this issue. Here, the focus of this paper is on Artificial Intelligence, its future prospects, impact, and legal implications on its misuse. In ancient times, human was not so much dependent on machines but in current scenario, human being’s life cannot be imagined without machines. This dependency on machines are making handicap to the human kind.
On the same side, they are leaving so much of negative impact in our lives rather than positive. Artificial Intelligence includes “machines” those can think1 or can react like a human. It would be very helpful to human kind as such machines will assist not only in our daily lives but also in technical and big numerical matters. Such AI developed machines will surely takeover the difficulties and make the work easier for human beings. But while dealing with such AI skilled machines we have to be very careful, as they may create many dangerous situations, which may either hack all cyber systems or damage the same. It would be the most threatening situation, in which, such machines will delete or disclose the data to any other system. Thus, we have to live with such AI machines but with some rules-regulations.
Legal implications are necessary, as these will be reasonable restrictions on the AI. Keywords: Artificial Intelligence, AI, Technology, Cyber Crime, Legal implications.
1 Alan Turing; Computing Machinery and Intelligence (1950).
FUTURE PROSPECTS OF AI IN ‘β’ GENERATION2
INTRODUCTION
In 21st century, it seems as, the concept of Global Village has been ended now, and this situation is only because of non-following of any feature of one village at all and . Even Legal field is also not beyond from it, either education or any other steam of law. Every one is only running behind technological developments, and on this gateway of technology people are loosing the roots of human progression. This is an era, where one cannot imagine his life without technology, gazettes and other devices have become a non-detachable part of our lives. Our day begins with it, people carry it with themselves every time and even one cannot spend even a second without any technological help. Artificial Intelligence system is rising now a day in India, which is also subject of infringement and rules and regulations related to technology.
Though the birth of this system is not new, it is from 1950’s with us. On the very first occasion, John McCarthy gave the approach on Artificial Intelligence in 19563. Later on, it developed gradually and today no one can imagine his life without AI. AI is a system, which is raising the number of cyber crime offences day by day. In India, people are also facing the same issues. Duplicity, piracy, image- cropping, copyright infringement etc. are very common today. Use of Artificial Intelligence system is next to that level, by using this, a person not only infringes the rights given under an enactment but it is also the infringement of right to privacy under Article 21 of the Constitution of India. By using Artificial Intelligence we can explore this universe very easily. The generation born in the age of AI, especially from 2025 to 2039, will be called as ‘β’ Generation4.
Today’s luxurious life would not be possible without thinking of beyond the boundaries. There was a time when it would not be possible for human kind to approach the moon even or to land on any other planet, but today we are launching various space missions for the same. This would have been possible only on the basis of Artificial Intelligence. In this century, we are trying to approach another Galaxy i. e. Alpha Centaury, this would have been possible on the basis of Artificial Intelligence too. The approach to reach that galaxy should be very sharp and intellectual. We should use Artificial Intelligence in space in a very cleaver manner. We should 2 Dr. Hina Gupta ; Assistant Professor ; Shri Ram College Of Law, Muzaffarnagar ; Uttar Pradesh, India.
3 https://sitn.hms.harvard.edu/flash/2017/history-artificial-intelligence/ ; 8th January 2025.
4 https://www. forbes. com/sites/lanceeliot/2025/01/05/generation-beta-gets-underway-as-beta-babies-arrive- 2025--2039-growing-up-amid-ai-agi-and-artificial-superintelligence/; 8th January 2025. make such human intellect level robots, which can react and respond to all tangible or intangible things, accordingly. It would be a very smart move of human kind, if it would have been executed. But while developing such Robots, we have to be very careful. There is a great possibility that such Artificial Intelligence based robots can be used against the human race on the earth too.
As far as legal matters or criminal activities related to AI are concerned, it has been observed that the victim of cyber crime was not even aware of such kind of misuses and infringement of rights, though the offender was not only aware of what all he has done wrong but at the same time he is so much qualified in that stream as well as knows more than that. This becomes the main reason for the rise in number of cyber offences and IT offences. It becomes also difficult for the Law Makers to make any rigid law for the same, which can deal such kind of matter immediately. In this paper, the Author wants to highlight those issues which are happening in society and which has the maximum possibility to happen in future, law in India for AI and weaknesses in substantive and procedural law for the same.
BACKGROUND
Every object or anything comes with so many essential, that always has shadows in the past and so as AI has. Artificial Intelligence refers many remarkable events. It begins with Turing Test, developed in 1950 by Sir Alan Turing. That test was to ascertain - Whether Machines can be considered as intelligent as Human Brain?. The term ‘Artificial Intelligence’ was tossed by many Scientists and Intellectuals during The Dartmouth Conference, 1956. In this sequence, the very First Chatbot was made. After so many Year’s developments in technology and in AI, ChatGPT bowed everyone mind in 2023. With developments in AI many different types of AI were observed, but major three are – (i) Reactive AI; (ii) Generative AI and (iii) Machine Learning. Now, we as human has developed so much in this puzzled system of AI.
It would definitely have experienced and can also be observed by every Human Being that ‘AI can do anything and anything is possible in AI era’. Robots are serving in restaurants, doors are automatically opening with your presence, Research Papers are written within few seconds, Videos can be developed with photos only and so much other works too. This all is now becoming a threat to Human race as it may create so many obstacles.
ENACTMENTS
A. The Constitution Of India – The “Cyber-Crime” has not made any Subject in any of the three Lists in VII Schedule or for AI also. But matters related to either ‘Cyber-Crime' or ‘AI’ becomes the Subject of Union Parliament under the Article 248. Article- 248 mentions the ‘Residuary Powers of Legislation’. Hence, Parliament has power to make Laws on these subjects also. B. Information Technology Act, 2000 In year 2000, The Information Technology Act, 2000 has been passed. This Act aimed at the fundamental legislation governing electronic transaction and digital governance. This Act does not specifically refer to Artificial Intelligence, but few provisions are applicable to AI related offences. Section 43A IT Act, 2000 as follows- “43A. Compensation for failure to protect data.
--Where a body corporate, possessing, dealing or handling any sensitive personal data or information in a computer resource which it owns, controls or operates, is negligent in implementing and maintaining reasonable security practices and procedures and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be liable to pay damages by way of compensation to the person so affected. Explanation.
--For the purposes of this section (i) "body corporate" means any company and includes a firm, sole proprietorship or other association of individuals engaged in commercial or professional activities; (ii) "reasonable security practices and procedures" means security practices and procedures designed to protect such information from unauthorized access, damage, use, modification, disclosure or impairment, as may be specified in an agreement between the parties or as may be specified in any law for the time being in force and in the absence of such agreement or any law, such reasonable security practices and procedures, as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit; (iii) "sensitive personal data or information" means such personal information as may be prescribed by the Central Government in consultation with such professional bodies or associations as it may deem fit”.
5 This section mentions that compensation in case of a breach of data privacy resulting from negligent handling of sensitive personal information. Similarly, Section 73A6 is also relevant in the matters of AI system. C. Indian Copyright Act, 1957 Any Original literary work, musical, dramatic or artistic work, and any kind of intellectual and new work is protected under the provisions of The Indian Copyright Act, 1957. Under the provisions of this Act of 1957 the intellectual rights of the writer or creator are protected and at the same time this Act also prohibits any kind of unauthorized use of such data. Now, AI has changed this scenario. So many new issues have been raised due to AI generated content and this is now on everyone’s priority of discussion regarding liability while infringement. In the case of, Gramophone Company Of India Ltd. Vs. Super Cassettes Industries Ltd.
7 It was made clear by the Delhi High Court in regard with AI generated data and liability for the same. D. The Digital Personal Data Protection Act, 2023 In India, 2023 was the year of some drastic changes in Digital and Technological matters. The Digital Personal Data Protection Act, 2023 was passed on 11th August 2023. This Act covers whole India for the processing of digital personal data. On the Other hand, it also applies on such goods and services those are produced in India and processed or reproduced outside the territory of India. This Act is the most updated enactment to regulate Artificial Intelligence issues. The issues rose in the case of K. S. Puttaswamy Vs. Union Of India8 can be easily sort out. In India, there was no specific enactment for AI but now most of the matters related to AI are covered under this Act. 5 https://www. indiacode. nic. in/showdata?
actid=AC_CEN_45_76_00001_200021_1517807324077&orderno=49#:~:text=%2D%2DWhere%20a%20 body%20corporate,gain%20to%20any%20person%2C%20such; 9th February 2024; 12:15pm IST.
6 Proof as to verification of digital signature
7 Id. Pg 3.
8 Id. Pg. 3
Other Plans and Policies A. AIRAWAT NITI Aayog, the think-tank of the Government of India, has recently launched AI Research, Analytics and Knowledge Assimilation Platform , i. e. AIRAWAT. This is based on the recommendations made by the National Strategy for Artificial Intelligence – NSAI. The specific areas covered under this are education, agriculture, smart-city, health care with AI. B. National E-Governance Plan In the year 2006 Indian Government has launched a plan which aimed to empower India digitally by providing any kind of online government service. The main objectives of this plan are transparency, accountability, cost saving and land record monitoring etc. There are many challenges attached with this Plan but ‘Digital Literacy’ and ‘Privacy’ are those to which Indian society is facing deeply.
Under this plan Indian Government is also aiming to connect many of Indian villages to the internet and to provide Wi-Fi to many of the educational institutions either primary or Higher etc.. C. AI and New Educational Policy – NEP- 2020 focused on the necessity for technical education at every stage of education system. The actual objective of this education policy is to prepare students of every level for Artificial Intelligence’s future prospects and to provide India a better system for the same. To impart the objectives of this policy for AI education the few steps have been taken. Some of them are likea. At a young age, children will be made conversant with crucial skills like digital literacy, coding and computational thinking, by teaching contemporary subjects like AI and Design Thinking; b.
AI will also be used to track and record the life-long skills training of a child, to prepare a holistic report card; c. The NEP also aims to use AI-powered solutions for establishing multilingual as well as holistic education. ETC. 9 IMPACT In today’s contemporary world, technology has made every work very easy for every person. Now, AI is enhancing the working efficiency in each and every field. AI makes a big task into a small one. We were spending hours and hours to complete a project but now AI completes it only in one minute. These are just few positive points on which we appreciate the existence of Artificial Intelligence today. On the other hand, AI has more demerits than its merits. By using AI technology, one can even know the personal data of any person and more than that he can use that data for any purpose, whatever he wants.
In many cases, it has been seen that by using AI any video has been generated by cropping anyone’s face only or secondary any image has been fully used to generate any false video etc. after observing and considering all such incidences NITI Aayog has been made such policies under which even the present Conference is taking place. This Conference is aiming to find few working solutions for negative impacts of AI in our lives. All Constitutional bodies and non-constitutional bodies are playing vital role to incorporate their suggestions on this contemporary issue i. e. AI. By this India will surely become a leading country to establish a fine and reformative framework to control AI system. For the making of a rigid and an extraordinary framework, India needs to foresight all pros and corns for the same.
This will be a big challenge not only for India but for the whole world to deal with financial offences committed with the help of AI. As a nation we need to think on this matter before the hacking of any big financial loss to the country.
CONCLUSION
and SUGGESTIONS Remedies always come with challenges, it does not matter how big they are. Artificial Intelligence is creating new challenges every day. Today nothing is impossible if AI system is used. AI has made our day to day life very easy but this system needs more cure and prevention for use. The Objective of present Research Article is to enlighten such matters those are still untouched and foresight-able. As it is said – “Prevention is always better than cure. ” In the matters of AI we cannot ignore few issues today and some issues that can raise in future. For 9 https://timesofindia. indiatimes. com/education/online-schooling/how-did-the-nep-incorporate-ai-into-theregular-study-curriculum/articleshow/94221017. cms AI system we have to be very active and must have foresight to calculate the future prospects for the outcome of AI.
After analyzing all this, the Author wants to mention few suggestions for the betterment of Nation and to show the gateway for unforeseen problems on AI. Some of the suggestions are as follows as:- a. We need to make an enactment specially to regulate the AI system only. Such enactment must include all terminologies not only used in AI system but also in Machine learning. This Enactment should run in parallel with the provisions in Indian Penal Code, 1860 and The Information Technology Act, 2000. Moreover, we need to amend our present legal system like- IT Act, 2000 and Indian Penal Code, 1860; and b. It is very difficult to fix the liability in the cases of AI supported criminal activities.
For instance, an AI generated video might have a similar face in resemblance with any natural person, thus in such cases the liability of the offender should be based on the basis of ratio of similarities with the original one and not on the basis of actual resemblance. As a suggestion, if the AI generated image, clip, video or any other thing is even 60% similar to the actual thing or person, the liability of the offender should be fixed accordingly; and c. This subject must be added either in Union list or in Concurrent list rather than to make it as a residuary subject only. In present contemporary era, matters related to technology, Computer and AI system are so much on the hype now. Nothing is untouched from Computer or AI today. Thus, the use of technology and AI has become an essential system now, which is regulating each and every edge of our lives; and d.
If we want to make India as a leading country in AI legal matters than need of the hour is to evaluate each and every edge of AI system. The best approach would be to restrict few uses of AI and limited use of it, which could create troubles in future. Though it is impossible to calculate each and every possible result of AI but best efforts can be made for the betterment of the Country. Further, it is suggested by the Author that A Commission should be constituted with the combination of IT experts and experts of Legal Profession, so that best Enactment could be loomed. e. There should be any limit for AI Applications and on their Advertisements too. It has been seen that in the Advertisements of AI Applications, the offensive form of manipulation in the digital data have been advertised10. Thus, this should be banned immediately and quick actions should be taken.
“Social media has allowed us to connect with people, removing barriers of age and nationality. But this new communication tool has led to new behavior like online abuse and trolling. Likewise, AI contains the potential for misuse, mislead, threaten, or even bully individuals. Curbing its misuse for harmful purposes will be among the key challenges for you,” Chief Justice of India D Y Chandrachud said addressing the graduating students at the 60th convocation of IIT Madras. 11 10 https://play. google. com/store/apps/details? id=saver. ins. fb. twitter. storydownloader; 8th January 2025. 11 https://www. business-standard. com/india-news/cji-cautions-against-misusing-tech-social-media-ai-forharmful-purposes-123072200361_1. html; 8th January 2025.