artificial intelligence - legal aspects of new technologies

In my last post I examined whether artificial intelligence could be regarded as an “author” for purposes of copyright law. This topic is intriguing, but we must remember that AI can not only create works that at least theoretically can be covered by copyright protection, but it can also infringe copyrights held by others when creating its own works. There are already algorithms that can mimic a certain style of painting or a specific author. In the face of technology enabling anyone with access to it to produce their own “masterpiece by a famous painter,” it is worth considering whether AI can be held responsible for copyright infringement, and if not, who can?

The Global Legal Hackathon last weekend (23–25 February 2018) offered an excellent opportunity to grasp the potential that can be released from cooperation between lawyers and IT specialists. Legal Tech solutions are more than just technological novelties. They are solutions that can protect our legal system against a serious crisis.

Artificial intelligence (AI) is now capable of producing ever-more complex creations which are becoming increasingly indistinguishable from works made by human beings. Recent news shows that this reality is truly upon us. First, there were the algorithm-created paintings whose complexity and unconventional style were anonymously judged to be superior to human efforts. Then, a novel written by a Japanese AI algorithm made it past the initial selection round for a national literary prize.

A forthcoming breakthrough in smart algorithm systems will certainly revolutionise the entire economy, much as internet access has become universal. This revolution will not just impact opportunities for finding work in professions such as translator or driver, but will also completely transform the operations of the justice system. This was demonstrated in a recent competition to predict the results of court proceedings between a group of lawyers and an algorithm created by an English startup.

In February 2018 the EU’s Article 29 Data Protection Working Party published its Guidelines on Automated individual decision-making and Profiling for the purposes of Regulation 2016/679. The guidelines explore Art. 21–22 of the General Data Protection Regulation, and although the title may not indicate it, provide another element in the legal framework for development and use of artificial intelligence. They also show that this framework may be truly restrictive.

The Financial Stability Board (FSB) was set up in 2009 by members of the G20 to coordinate the work of financial authorities at the international level and promote and develop financial stability policies. It is made up of representatives of state authorities responsible for finances from 24 countries, financial institutions, and supervisory and regulatory authorities.