Artificial Intelligence & Law Coffee Morning Takeaways

In our recent Coffee Morning in Lift99 our lawyer Henrik Trasberg talked about AI & Law.

Here are some of the takeaways:

✔️The general policy of most countries surround AI is that instead of creating an overarching AI regulation, it is more reasonable to regulate each particular area of the law separately to ensure that the particular domains would be able to cope with the implications of AI.

✔️Meanwhile, the EU has been advocating that in order to capture the value of AI, we should have as harmonious regulation as possible in Europe. From the entrepreneur’s perspective, it would create fewer barriers in entering new markets.

✔️New content created by AI isn’t necessarily copyright protected, even if it is original – in continental Europe copyrights emerge if a human being has made creative choices to achieve a particular outcome.

While humans decide how to develop and train the AI, the direct creative choices in the particular content that the AI then produces have not been made by its developers. Thus the developers are denied copyrights to the AI’s creation. Meanwhile, our copyright laws do not ensure copyrights for AI either, which means that under the existing laws, nobody might own the copyrights to certain output by the AI.

✔️A big regulatory shift for our governments and society is that human behavior and choices will be increasingly governed and steered by AI-powered technology.

YouTube’s ContentID decides when someone’s copyrights are infringed and when they aren’t. The self-driving car will have to decide what to do in case of a trolley problem – i.e. in an impending accident decide whether to hit the other car in front or the pedestrians on the right.

Quantitative legal prediction tools can advise judges on what would be the optimal punishment for a criminal. Meanwhile, AI-powered bots can use data collected from Facebook to tap into and exploit people’s biases, potentially affecting even election results. In the world immersed in technology, our only way to govern (at least in many circumstances) IS by using technology.

How to ensure that the ever-increasing governance via technology remains effective, yet fair, transparent and acceptable to the people will be the core regulatory challenge for our governments in the AI revolution.

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