How the Legal Profession is being transformed by artificial intelligence and machine learning

Today we live in a world that is getting significantly impacted by Artificial Intelligence (AI) and Machine Learning (ML). AI-ML has become part and parcel of our homes, offices, travel, and personal assistants like SIRI and Alexa have indeed transformed the way we used to work  Sophia the Robot has been granted citizenship by Saudi Arabia, which is a matter of debate in legal circles, especially on the jurisprudence of granting ‘legal personality .’Research Handbook on the Law of AI by Barfield and Pagallo (2018) highlights how “antitrust law, criminal law, corporate law, constitutional law and other areas of law are now being challenged by increasingly smart and autonomous forms of AI. And as AI continues to evolve and get smarter, more issues of law will be raised.”

NITI Aayog in India came up with the vision document on Responsible AI (2021), highlighting the ethical considerations that the AI system developers need to note. These considerations have moved much beyond the Asimov’s laws of robotics (basic law that robots shall, in any case, shall not harm humans). AI and ML systems poses an important question of the liability of autonomous actions of the AI systems (e.g., driverless cars). 

Who would be responsible for things done by the unknown codes/decisions taken by the AI systems? There are several risks involved with AI systems like privacy risks, security risks, discriminatory treatment (basis the input data as the machine learns from the environment it takes data), incorrect decisions, and many such issues. In all these situations, one or the other legal issues would arise. We would need professionals to tackle these legal issues.

The digital transformation in various sectors brings forward multiple challenges. The core principles of the e-Committee of the Supreme Court of India highlight that technology must be harnessed to ‘empower’ and ‘enable’ the citizens towards transformation for good. With the help of AI, the judicial system would become ‘efficient and responsive,’ and this will ensure ‘justice for all .’AI and ML in dispensing justice can take care of surmounting arrears. 

Though some initiatives have already been taken in this regard, like digital courts to tackle disputes relating to the Negotiable Instruments (NI) Act and Motor Vehicles Act, much more is in store.

The concept of METAVERSE has already added more spice to the existing conversation. When one can create their ‘Avatars’ in virtual society, it adds up complications. 

These Avatars would be a replica of their original personalities. Will these be considered ‘artificial legal entities?’ Will the traditional ‘agency’ principle of contract undergo transformation? 

What about the crimes committed by these ‘Avatars’? These questions bring us to the imminent necessity of building ‘legal professionals of tomorrow’ in the area of AI. The lawyers of tomorrow would need expertise in the area cutting across technology and law. Professionals must master digital innovation and law and clearly understand the dynamics of AI and ML and upcoming technologies like Metaverse. A brief overview of the interface between law and modern technology highlights the following potential areas of development and requires preparing legal professionals who can handle them efficiently:

AI Law and Policy: European Union became the first country to come up with their AI Act. Many other countries, including India, have already initiated discussions around this theme, and the whole world is carefully watching the developments. AI professionals have to be necessarily global professionals as AI systems would impact the local and global. 

The EU Act on AI “sets out horizontal rules for the development, commodification, and use of AI-driven products, services, and systems within the territory of the EU. The draft regulation provides core artificial intelligence rules that apply to all industries.” 

Legal professionals must gear up to constantly update themselves on the growing law around this.

Privacy and Data Protection: Again, one of the crucial elements would be protecting the constitutional rights to freedom, privacy, and life, in case the AI systems interfere with the privacy of humans. As the law protecting the rights of the individuals is territorial in nature (other than the universal rights), legal professionals would be required to be trained on law and technology interface and its balance with individual liberty and privacy. The need for lawyers specializing in the area of privacy and data protection would shoot up in the future.

Robots in the Classroom to Boardroom: Universities are projecting their teaching and learning through a Metaverse environment called ‘Metaversity.’ Soon, you may find a ‘Sophia’ taking lectures in the classroom. Sci-Fi movies like Matrix or Terminator may be a reality. If the ‘Corporate Legal Entity’ metaphor is extended to an ‘Artificial Intelligent System,’ days are not far when one could see a robot attending the Board Room meetings and taking decisions for its stakeholders.

Intellectual Property developed by AI System: In the first, South Africa has granted patent to a ‘food container based on fractal geometry’ developed by an AI system (facing a backlash). In USA, however, it has been ruled that only humans can be granted patents but not ‘creativity machines.’ However, the point is, will this prevent humans use ‘creativity machines’ to produce patents in their names? Will it not be unethical/illegal? This is a vast development area per the World Intellectual Property Organisation (WIPO).

AI and Criminal Law: Technology has always been a double-edged sword. On the one hand it has brought immense benefits to society but on the other also empowered criminals. In fact, in some cases, the criminals have outpaced the police. 

One such example would be cyber frauds and phone frauds. Cheating consumers through AI systems has become very easy. Creating fake profiles on online dating sites, ghost followers on Twitter, and fake viral news have become ubiquitous.

The aforesaid pointers highlight the need for creating legal professionals for tomorrow who specialize in the area of AI and ML and who are able to think on the topics of digital innovation and law critically. 

The use of AI-ML would be no more limited only to helping lawyers do their existing work efficiently but would also generate opportunities for policy research and dispute resolution in its own right. So, as law schools, let’s prepare tomorrow's legal professionals.

The article has been written by Prof (Dr.) Vijay Kumar Singh, Dean, School of Law, UPES