CC BY
25UDC 004.8
DOI 10.56525/ZEAL1944
THE USE OF ARTIFICIAL
INTELLIGENCE IN THE
LEGAL FIELD
*IZTURGANOVA G.K.
Caspian University of Technology
and Engineering named after Sh. Yessenov,
Aktau, Kazakhstan
E-mail: [email protected]
Dr. SERKAN KAYA
Boğaziçi University, Faculty of Law
Bebek /ISTANBUL
Email: [email protected]
*Corresponding author: [email protected]
Abstract. This article is dedicated to artificial intelligence and consists of identifying the role and functions of artificial intelligence, referring to the innovations that resulted from the introduction of this technology. Artificial intelligence seems to be the most successful achievement of scientists today. As a result of these developments and their widespread use, there was a debate about the legal regulation of artificial intelligence.
The main methodological approach used is the normative approach. This article is based on qualitative methods of data collection and processing to compare and interpret the rules or policies that provide artificial intelligence. In this article, we will apply research methods such as research methods, explanatory methods, comparative and analytical methods, analytical methods of interpretation and explanatory methods.
There is still not enough legal framework for artificial intelligence. While there is no single legal framework, states have made their first attempt to establish legal decisions and standards governing the field of artificial intelligence. Based on a clear analysis of the current laws of many countries, we concluded that the intention of lawmakers to regulate the field of artificial intelligence is due to the shortcomings of the use of these technologies, their widespread use and the ability of many processes affecting the development regime. This article contributes to the theoretical processing of artificial intelligence by discussing the topic of Legal Regulation.
The processes of informatization and digitalization have firmly entered our lives today. "We are entering the so-called digital age, which can change and is already radically changing our world." It can be said that these changes will have a strong impact on the legal sphere of society's life. The rapid development of digital information technologies also entails changes in legal technologies. New approaches to understanding appear new technologies are being developed classifications that make it possible to take into account the impact on the legal validity of the process digitalization, new legal structures, regulatory legal acts regulating new types of public relations are adopted, and the limits of Legal Regulation also change significantly.
Keywords: artificial intelligence; legislation; legal personality; digitalization, legal responsibility; implementation, legal technology; the use of artificial intelligence in legal practice; the use of artificial intelligence in legal activities; the use of artificial intelligence as a legal technology.
Introduction. The term intelligence has a long and complicated history. The word itself derives from Latin inter, which means between, and Legere, which means to choose or literally to read. So one could say that being intelligent means literally to be able to draw distinctions between different things to understand or to comprehend oneself and the world around us. The term artificial intelligence assumes that this human ability to understand, to comprehend, to sort the important from the unimportant can be replicated by constructing computer programs that are as good or sometimes even better than humans at understanding. Sorting, comprehending a given state of affairs. Just how powerful such artificially intelligent programs are differs quite a lot. Some programs can only perform very basic tasks like adding numbers, and these programs might not really deserve to be called intelligent at all. But other programs can perform very complicated tasks, such as playing chess or simulating complex medical treatments.
The use of AI is not always an easy matter. And in this regard, I turn to the second question of this lecture. How does law relate to AI? We are already facing many AI applications in our computers, phones, or public places, and in many ways our legal systems are well equipped to handle these innovations. However, just as our legal systems have dealt with other innovations such as the Internet or the telephone in the past, this applies to at least three aspects of artificial intelligence. From a legal point of view, the first aspect concerns the fact that there is a risk that preferences, interests and prejudices may be violated. Those who write programs with artificial intelligence are reflected in the programs themselves. To some extent, this is inevitable. Our beliefs and interests always influence what we do. However, this circumstance is especially problematic in the context of AI, since AI tools can be very powerful. For example, it's one thing if the same police officer treats suspects differently depending on ethnicity, it's a completely different matter. If the police in general used artificial intelligence software that systematically changed suspects in different ways depending on ethnicity, then the concerns in this particular area would be quite real, since many facial recognition programs, for example, did not work properly in relation to non-white ethnic groups. From a legal point of view, this means that it is important to be aware of the discriminatory potential of artificial intelligence applications.
AI is not necessarily more or less biased than its creators. But due to the fact that AI programs can be applied easily on a much larger scale, AI amplifies the biases of its creators. A second aspect concerns the difficulty of supervising AI programs. When a human being makes a mistake, it is easy to say that the human being should be held accountable for that mistake. When a machine makes a mistake, for example, when a car breaks down, one can often argue that the person who built the machine should be held accountable. However, with more advanced AI programs, this is not as easy. And this is so because it is not always possible to predict how an artificially intelligent program operates in detail. And it is also not always possible to explain reach, respectively, in hindsight, how and why an artificially intelligent program came to the conclusion it did in the health care context. For example, certain algorithms are able to predict the best way of treating a patient, but it is very difficult to understand, just on which basis those algorithms make these recommendations. And that is why, from a legal point of view, one must think very carefully about how the running of AI program is supervised and who should be responsible when things do not go as planned. The third and final aspect that I would like to problematies from a legal point of view concerns the why question why and for which aims is a particular, artificially intelligent program used. AI can be used to control people, for example, when tracking how humans behave. And it can also be used to enable people, for example, when enhancing people's mobility with the help of autonomous cast. In part, this. Why question the question Why we use AI is a political and philosophical question, but it is also a legal question, since it determines if AI programs should just be treated like any other invention, like a photo camera, for example, or if it should be treated in a much more cautious manner to reflect the high stakes that are involved when using AI. As so often in legal contexts, there are no clear answers to these questions, But one core aim of this course is to also enable you to make up your own mind about how you think AI should be regulated so now we talked a little bit about the definition of AI and how law relates to it. And understanding these aspect is one important precondition for forming your own opinion on AI. But another and often overlooked aspect of that question concerns the actual hardware on which AI runs, and this is what we will look at next.
Since technological progress in the field of artificial intelligence has become a relevant topic all over the world, people are wondering whether it is possible to develop artificial intelligence and whether it will affect the legal system? Currently, artificial technology intelligence not only helps lawyers in their activities, but in certain cases can also replace the work of lawyers. In many countries includes such opportunities as online submission of documents, holding court sessions in a remote format. This will significantly reduce the temporary and financial costs for holding court sessions, limit the physical interaction of the subjects of the process, which is of great importance during the period of pandemic and quarantine measures. At the same time, it cannot be noted that during communication in the virtual space, a number of factors characteristic of traditional court sessions are eliminated, for example, the non-verbal behavior of the accused and witnesses, which can to some extent affect the opinion of the judge, jury.
Artificial intelligence is the greatest development of technology known to mankind, recognizing many advantages and benefits from its use. Knowing the stages of changes that artificial intelligence has undergone and its widespread use, the opinion on the legal regulation of this area is unknown. The uncertainty lies in whether artificial intelligence is perceived as an object or subject of law. In this document, we have identified the first legislative efforts to regulate the field of artificial intelligence. Moving the discussion to the legal level, it is necessary to clarify some key issues. Artificial intelligence itself represents a current and future challenge to the legal field.
The concept of Artificial Intelligence has changed over time. There is still no unified legal definition of AI, however, in different countries we find the first stages of the development of a proper legislative framework. The general spirit that characterizes these legislations is that of defining a relationship between the law and the limits of the application of Artificial Intelligence. The main legal, current and future challenges, which we have identified and addressed in this paper, consist in the analysis of ideas on the legal personality of the AI and the determination of civil and criminal liability in cases of damages caused by intelligent machinery in a way autonomous or by third parties, their users.
The methodology consists of logical forms of the cognitive process and the possibility of their application in a specific science or a specific scientific study. The main methodological approach used in this article is the normative approach. The work is based on a qualitative approach, which consists in collecting and processing data to compare and interpret provisions or policies related to the use of artificial intelligence. The following research methods are used in the work. research method, descriptive method, comparative analytical method, the method of interpretative analysis and the representative method.
First of all, artificial intelligence and its importance are considered. Continue to develop artificial intelligence in accordance with the legal framework and rules in different countries. Another important task is to discuss legal ideas and perspectives of a legal entity, as well as to evaluate various opinions on criminal liability for the use of artificial intelligence. In conclusion, they reveal the future problems of artificial intelligence for the legal system and suggest possible solutions.
Artificial Intelligence is defined as a broad branch of computer science which deals with the construction of “smart” machines, capable of performing tasks that typically require human intelligence. So, with the term intelligence, in terms of Artificial Intelligence, we mean the performance of any of the following actions such as planning, reasoning, problem solving, perception, representation of knowledge, creativity etc.[1].
Artificial Intelligence means the creation and development of various computer systems, capable of performing tasks which would have to be performed by human intelligence. This means that through AI, science was able to ensure the elimination of mechanical processes through a “non-human” intelligence. Examples of Artificial Intelligence, applied in everyday life are seen among self-driving cars, navigation systems, computer or mobile programs that enable people to communicate through the use of the Internet, computer games, etc. (IRIZARRY-NONES; PALEPU; WALLACE, 2017, p. 5).
The effective use of artificial intelligence is one of the greatest achievements of modern science. Artificial intelligence has made it possible for machines to learn from their own experiences, adapt to new conditions, perform tasks like humans. Science has introduced artificial intelligence into all spheres of activity, from economic and legal to technical terms, which allows it to perform a wide range of tasks. such a programming system with artificial intelligence determines the level of development of intelligence that exceeds human intelligence.
Artificial Intelligence is applied between pre-programmed mechanisms or machines. Also, since the machine performs operations based on a previous data entry, the artificial intelligence (AI) makes it possible to solve complex problems between difficult calculations and the chances of errors are further reduced.
Materials and methods of research. Through the legal regulation of Artificial Intelligence, the aim is to create policies, regulations or legal acts which define concrete rules on the way of functioning, application and protection of artificial intelligence (AI). The need for legal regulation of Artificial Intelligence, in addition tothe greatdevelopment that this field has encountered, is also related to the need to control the consequences that this development can produce. Some researchers and technology leaders warn that Artificial Intelligence is on the way to turning robots into such a category that it will make it possible to subdue humanity if it does not destroy it [2].
While work on artificial intelligence and law was done early on, the conference can be considered the first beginning and birth of the AI and legal community. Due to its importance and characteristics, the role of the conference in the field of artificial intelligence (AI) and law is indispensable. Each organized meeting serves as a platform for the discovery of new ideas and practical work that researchers have done in the development of the legal aspect of the regulation of artificial intelligence and beyond. In particular, the conference materials deal only with the aspect of artificial intelligence and the legal framework. The first work was carried out in the field of the development of artificial intelligence, the definition of terms and the regulation of the field. Publications on what can be imagined as artificial intelligence and law can be traced back to the 1950s. at the beginning of the year.however, we pointed out that the origin of the artificial intelligence (AI) legal community is formed by the international conference mentioned above [3].
By hardware, I mean the physical computer infrastructure on which artificially intelligent software runs. Like the previous lecture, we will try to look briefly at two questions. First, what is the hardware dimension of AI? Second, which legal issues does AI hardware rise? Let us turn to the first question. Any artificially intelligent software requires a shell, a physical piece of computer equipment. The more complexity AI, the more computational power is required to perform a given task. In technical terms, the computational power of a computer is determined in large part by a computer central processing unit or CPU. Phones true, have a processor that determines how quick tasks can be computed and how complex such tasks can be. For example, when I want to run an artificially intelligent text analysis program on my laptop that tries to recreate legal texts based on judgments that I have supplied to it. It can take a few hours for the analysis to complete. However, when I run the same operation on a more powerful stationary computer, which has a more powerful CPU, it takes only around 10 minutes to complete more complicated AI programs involving, for example, the modeling of medical treatments or facial recognition, I cannot run on my personal computers at all. Due to the limitations of ordinary personal computers, many lay users of AI programs, like myself, use programs that are hosted not on private computers but on service that belong to companies. At present, almost all of these AI programs rely on the so-called classical computer structure. Classical computers store and process information in binary units called bits. These bits can have the value of either one or zero. This means that any process and any information within this classical computer structure is ultimately represented either by one or by a zero. However, there is now a different type of computer emerging alongside this classical binary type of computer. This type of computer is called a quantum computer. Quantum computers do not use bits that can be either one or zero, but cubits that store and process information. Cubits can be set to one or zero, like a classical computers, but importantly, they can also be set to one and zero at the same time. This technological difference is the reason that quantum computers are vastly more powerful than classical computers. To illustrate, one of the manufacturers of quantum computers recently reported that their quantum computer performed a calculation in one second that would take a classic computer 10,000 years to perform. In general, it is anticipated that fully functioning quantum computers will be 100 million times more powerful than contemporary desktop computers, and at least 3,500 times more powerful than contemporary super-computers. It is important to appreciate that this stage that with respect to certain problems, the potential speed of quantum computers is so superior to that of classical computers that problems that used to be impossible to solve by classical computers can now be solved by quantum computers. That does not mean however, that quantum computers will replace classical computers across the board. Indeed, quantum computers are not per se, faster or more powerful than classical computers. Both types of computer will co-exist, each within its own domain. But with respect to the specific types of complex computations, quantum computers will certainly dramatically enhance the ability to use artificial intelligence for beneficial purposes.
But they also dramatically enhance some of the risks that the utilization of AI entails. This brings us to the second question. What do all of these technicalities have to do with law? There are again many answers to this question, but for now I will just focus on two particular aspects. The first aspect that I would like to focus on mirrors the first aspect discussed in the previous lecture. Namely the fact that hardware, just like software, is created by people with specific ideas in mind. Again, this is not necessarily problematic, but it is a fact that one needs to be aware of. A comparison of hardware and architecture might help to illustrate this point. When architects construct a building, they can construct it so that it is wheelchair accessible or not. They can also construct it in a manner that allows people to congregate in corridors by creating space for gathering or not, or they can place the door handles very high so that children cannot reach them, and so on. Depending on what the building would be used for, none of these features are necessarily wrong, but each of them is a choice that is taken for a particular reason and computer architecture is very similar. Some infrastructural choices are of course determined by physical necessities, just like with buildings. But many choices are informed by what the architects of a computer, of a processor, want a given machine to do. One assumption, essentially to come into all computational processes, whether quantum or classical, is for example, that the human decision-making processes, which AI mirror, follows certain rules of reason and rationality.
This assumption might capture certain aspects of human reasoning, but it might not account for the whole range of human reasoning. Again, this is not necessarily a problem, but it is important to keep in mind from a legal point of view, since there's an inherent risk that such assumptions, coupled with a belief in neutral technology, can come to dominate over alternative modes of thinking. There's of course also the risk that the views and interests of those who are able to construct hardware prevail over the interests of those who cannot. The second aspect of legal importance relates to the ever increasing complexity and sophistication of the hardware required to run the most advanced AI programs. For quantum computers function only in a vacuum and they need to be cooled down to around (minus)272 degrees Celsius. This technical complexity of quantum computers means that only very few companies and countries are actually able to construct and utilize them. This is significant. At present, it is assumed, for example, that quantum computers can overcome any encryption mechanism. This means that quantum computers can break conventional password protection mechanisms. If this is the case, actors with quantum computers, companies, or states have a clear advantage over those who do not have quantum computers, since those without a quantum computer cannot protect the information from those with a quantum computer. Similar issues, though slightly less severe exist also with respect to classical supercomputers that also require a lot of technical skill and electricity to maintain. As a result, the possibility of reaping the remarkable benefits of AI are often limited to those who can access the hardware that is required to run AI programs.
As I mentioned just now with respect to the password problem, this situation can lead to significant inequality. In fact, it can amplify existing inequalities since rich countries and large companies will be able to use the full range of AI applications while less well-off factored actors will be left behind. Thus from a legal point of view, one should think about ways to bridge these discrepancies. For example, by mandating that those with access to the most advanced AI technologies should share certain percentages of their computing resources with those actors who would otherwise be locked out. Ultimately, it is important to keep in mind that a consideration of the legal issues raised by digital processes must always consider both the legal issues raised by software and by the hardware. Neither software nor hardware are simply neutral things. They are normative phenomena in the sense that they are shaped by human choices, which can be questioned and debated.
Research results. Artificial intelligence cannot be classified as a person in a legal sense. It is true that the creation of artificial intelligence is something that our legal system has never been associated with either them or humans (Imran, 2020). Many authors compare the legal status of artificial intelligence today with the "semi-legal"3 that the law once faced. Many authors compare the legal status of artificial intelligence today with the "quasi-realities" faced by the law. As for the legal entity of AI, other lawyers believe that as long as discussing ethical behavior and ethics of AI makes sense, a legal discussion of recognizing AI as a legal entity will also make sense (Chopra; White, 2011, p. 4). A legal entity is an important step towards the full exercise of constitutional rights, since at the moment when AI is legally recognized as a person, constitutional protection is in effect (Willick, 2021, p.2) [5].
One of the rights and freedoms guaranteed by the Constitution is the right to freedom of speech and belief (Albania, 2016, article 22). In this case, the uncertainty lies in how these individual freedoms are manifested through artificial intelligence. In the case of robots or other devices, freedom of thought is not completely autonomous. The problem gets more complicated when we allow WOFC to learn from our own experience and make independent decisions based on previous experience. Due to the ability to make decisions on their own, system methods such as machine learning, expert systems or neural networks can no longer be considered as objects (Serka; grzyjne; cierbicki, 2017, p. (2). However, the debate about the legal subject of artificial intelligence remains open, although now is the time for countries to take measures to management of this sector [6].
The main topic of discussion that arises in relation to artificial intelligence and legislation is the legal topic of ai. Legal entities and legal regulations in the field of new digital technologies are one of the most serious legal problems. The legal regulation of artificial intelligence will remain one of the most important legal issues for many years to come. The problem of legal doctrine would be more specific if the answers were found by changing the existing legal framework (ISLAM, 2018, p. 266). That is, if artificial intelligence becomes part of the legal system, then its legal changes in the system are inevitable [7].
Conclusions. Artificial intelligence is today an advanced and innovative form of technology. Its development seems to be aimed at simplifying our daily lives by mechanically simplifying the work and procedures performed by man. There are many definitions of the term artificial intelligence, but there is no uniform legal definition. Since the creation of the first computers, as the concept of artificial intelligence became known, to this day, the concept of forms in intelligent systems has undergone radical changes. alterato.Il the term "artificial intelligence" refers to the ability to think independently, like a human, but faster and more efficiently. Artificial intelligence is based on technology and is able to perform mechanical processes more quickly and accurately, requiring more time and fatigue from a person.
Over the years, forms of artificial intelligence have been used in various fields to facilitate people's lives and work. People are aware of the advantages and benefits of using artificial intelligence and are constantly striving to improve new technologies and thus adapt them to their needs. Today, artificial intelligence can be found everywhere, in all its manifestations. However, in addition to the many advantages that intelligent systems have brought into our lives, we know that the use of artificial intelligence also has serious disadvantages. Different scientists have different ideas about the meaning and impact of artificial intelligence (AI).
Despite not having a consolidated legal framework, states have made the first efforts in drafting legal acts and norms governing the field of Artificial Intelligence. From the concrete analysis of existing legislative acts in many countries, we conclude that the intention of the legislator in trying to regulate the field of Artificial Intelligence arises as a result of the disadvantages of using these technologies, their widespread use and ability to influence the way of the development of many processes. Another element that is noticed from the analysis of the legal norms presented in the thesis is that the adjustment made through them is minimal. No legal act regulates in detail and exhaustively the forms of Artificial Intelligence. These legislations are in the first stages towards establishing a proper regulatory framework in the field of Artificial Intelligence.
Other problems arising from non-corporate artificial intelligence (AI) include criminal liability, as well as damage caused by independent AI or its use by third parties. Based on the analysis of a potential legal entity and the activities of artificial intelligence, it is recommended that the most appropriate model for determining criminal liability be the person who developed or programmed the artificial intelligence (AI) that caused harm. The same logic will work in the case of civil liability at the time of the crime. Experience and practice show that AI cannot be considered completely reliable. This fact should serve as a signal for States to strengthen legal regulation to prevent illegal actions and adverse consequences of the use of artificial intelligence. Many scientists propose to create a punishment system for intelligent systems that " participate" in the commission of various legal crimes. This may be a good way to avoid the negative consequences of using artificial intelligence (AI) in the future.
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ЛИТЕРАТУРА
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Изтурганова Гулнар Косшыкызы
Каспийский университет технологии
и инжиниринга им. Ш. Есенова,
г. Актау, Казахстан
Серкан Кайя
Университет Богазичи, юридический факультет
Бебек /Стамбул
ИСКУССТВЕННЫЙ ИНТЕЛЛЕКТ И ЮРИДИЧЕСКИЕ ПРОБЛЕМЫ
Аннотация. Данная статья посвящена искусственному интеллекту и заключается в определении роли и функций, выполняемых искусственным интеллектом, а также в описании инноваций, привнесенных внедрением этой технологии. Искусственный интеллект, по-видимому, является самым успешным достижением ученых на сегодняшний день. В результате этой разработки и широкого использования возникли дискуссии о правовом регулировании искусственного интеллекта.
Основным применяемым методологическим подходом является нормативный. В основу работы будет положен качественный метод, который заключается в сборе и обработке данных с целью сравнения и интерпретации положений или политик, предусматривающих использование искусственного интеллекта. В данной работе будут применены следующие методы исследования: исследовательский метод, описательный метод, сравнительно-аналитический метод, метод интерпретационного анализа и иллюстративный метод.
До сих пор нет надлежащей законодательной базы по искусственному интеллекту. Несмотря на отсутствие консолидированной правовой базы, государства предприняли первые усилия по разработке правовых актов и норм, регулирующих сферу искусственного интеллекта. Из конкретного анализа существующих законодательных актов во многих странах мы приходим к выводу, что намерение законодателя попытаться регулировать сферу искусственного интеллекта возникает в результате недостатков использования этих технологий, их широкого распространения и способности влиять на ход развития многих процессов. Статья вносит вклад в теоретическое осмысление искусственного интеллекта, обсуждая проблемы его правового регулирования.
Ключевые слова: искусственный интеллект; законодательство; правосубъектность; юридическая ответственность; реализация.
Ізтұрғанова Гүлнар Қосшықызы
Ш. Есенов атындағы Каспий технологиялар
және инжиниринг университеті
Ақтау, Қазақстан
Серкан Кайя
Богазичи университеті, Заң факультеті
Бебек /Стамбул
ЖАСАНДЫ ИНТЕЛЛЕКТ ЖӘНЕ ҚҰҚЫҚТЫҚ МӘСЕЛЕЛЕР
Аңдатпа. Бұл мақала жасанды интеллектке арналған және жасанды интеллект орындайтын рөлдер мен функцияларды анықтаудан, сондай-ақ осы технологияны енгізу арқылы енгізілген инновацияларды сипаттаудан тұрады. Жасанды интеллект ғалымдардың бүгінгі күнге дейінгі ең сәтті жетістігі болып көрінеді. Осы даму мен кеңінен қолданудың нәтижесінде жасанды интеллектті құқықтық реттеу туралы пікірталастар болды.
Қолданылатын негізгі әдіснамалық тәсіл нормативті болып табылады. Жұмыстың негізі жасанды интеллектті қолдануды көздейтін ережелер мен саясаттарды салыстыру және түсіндіру мақсатында деректерді жинау мен өңдеуден тұратын сапалы әдіс болады. Бұл жұмыста зерттеудің келесі әдістері қолданылады: зерттеу әдісі, сипаттамалық әдіс, салыстырмалы-аналитикалық әдіс, интерпретациялық талдау әдісі және иллюстрациялық әдіс.
Әлі күнге дейін жасанды интеллект бойынша тиісті заңнамалық база жоқ. Шоғырландырылған құқықтық базаның жоқтығына қарамастан, мемлекеттер жасанды интеллект саласын реттейтін құқықтық актілер мен нормаларды әзірлеу бойынша алғашқы күш-жігерін жұмсады. Көптеген елдердегі қолданыстағы заңнамалық актілерді нақты талдаудан біз заң шығарушының жасанды интеллект саласын реттеуге тырысу ниеті осы технологияларды қолданудағы кемшіліктерден, олардың кең таралуынан және көптеген процестердің даму барысына әсер ету қабілетінен туындайды деген қорытындыға келеміз. Мақала жасанды интеллектті теориялық тұрғыдан түсінуге, оны құқықтық реттеу мәселелерін талқылауға ықпал етеді.
Кілт сөздер: жасанды интеллект; заңнама; заңды тұлға; заңды жауапкершілік; іске асыру.
