scholarly journals ARTIFICIAL INTELLIGENCE TECHNOLOGY AND LAW: CHALLENGES OF OUR TIME

Author(s):  
Y. S. Kharitonova ◽  
◽  
V. S. Savina ◽  

Introduction: the article deals with the issues concerning the protection of the rights to digital content created with the use of artificial intelligence technology and neural networks. This topic is becoming increasingly important with the development of the technologies and the expansion of their application in various areas of life. The problems of protecting the rights and legitimate interests of developers have come to the fore in intellectual property law. With the help of intelligent systems, there can be created not only legally protectable content but also other data, relations about which are also subject to protection. In this regard, of particular importance are the issues concerning the standardization of requirements for procedures and means of storing big data used in the development, testing and operation of artificial intelligence systems, as well as the use of blockchain technology. Purpose: based on an analysis of Russian and foreign scientific sources, to form an idea of the areas of legal regulation and the prospects for the application of artificial intelligence technology from a legal perspective. Methods: empirical methods of comparison, description, interpretation; theoretical methods of formal and dialectical logic; special scientific methods (legal-dogmatic and the method of interpretation of legal norms). Results: analysis of the practice of using artificial intelligence systems has shown that today intelligent algorithms include a variety of technologies that are based on or related to intelligent systems, but not always fall under the concept of classical artificial intelligence. Strictly speaking, classic artificial intelligence is only one of the intelligent system technologies. The results created by autonomous artificial intelligence have features of works. At the same time, there are some issues of a public law nature that require resolution: obtaining consent to data processing from the subjects of this data, determining the legal personality of these persons, establishing legal liability in connection with the unfair use of data obtained for decision-making. Standardization in the sphere and application of blockchain technology could help in resolving these issues. Conclusions: in connection with the identified and constantly changing composition of high technologies that fall under the definition of artificial intelligence, there arise various issues, which can be divided into some groups. A number of issues of legal regulation in this area have already been resolved and are no longer of relevance for advanced legal science (legal personality of artificial intelligence technology); some issues can be resolved using existing legal mechanisms (analysis of personal data and other information in course of applying computational intelligence technology for decision-making); some other issues require new approaches from legal science (development of a sui generis legal regime for the results of artificial intelligence technology, provided that the original result is obtained).

Author(s):  
G.G. Kamalova

The article discusses the problems of improving criminal law in the context of the development of one of the types of breakthrough digital technologies - artificial intelligence. The author notes that the explosive development in this area has led to the growth of high-tech crime, a special place among which is occupied by crimes using tools of artificial intelligence technology. Since the subjects of criminal activity traditionally use advanced technologies, at present such crimes are already represented by fraud, computer information crimes, terrorism, violations in the field of road safety, violation of the right to privacy and a number of others. Although there are no special offenses related to artificial intelligence in the criminal law today, this does not mean that existing norms cannot be applied to traditional subjects. Given the current level of development of artificial intelligence technology, it is now necessary to strengthen criminal liability for the compositions provided for by the current Criminal Code of the Russian Federation by introducing an appropriate qualifying attribute. With the recognition of the legal personality of artificial intelligence systems and robots, one of the key issues of applying criminal law rules to them will be the question of the subjective side of the committed act. The lack of “strong” artificial intelligence and the current level of development of solutions and devices based on artificial technology allow us to limit ourselves to classifying the facts of their use as components of the objective side of the crime.


Lex Russica ◽  
2020 ◽  
pp. 78-85
Author(s):  
A. V. Nechkin

In the paper, the author uses general scientific and specific scientific methods of cognition to scrutinize the problems of constitutional and legal regulation of public relations in Russia, related to the widespread introduction of artificial intelligence technology. Based on the results of the research, the author concludes that modern Russian constitutional legislation, even in its current form, makes it possible to regulate the nascent social relations associated with the widespread introduction of artificial intelligence technology. In particular, it is noted that the provisions of the Constitution of the Russian Federation allow for an expanded interpretation of the concept "personality", covering not only a person, but also highly developed artificial intelligence. According to the author, the constitutional and legal status of highly developed artificial intelligence should be based on the image and likeness of the constitutional and legal status of a person. The only exceptions should be the following. First is legal personality, which by its legal nature should be extremely close to the legal personality of bodies and organizations and should arise from the moment the relevant decision is made by the competent state authority. Rights, freedoms and obligations should imply a limited amount of personal rights and freedoms, the complete absence of political and socioeconomic rights. The last exception is the limited passive dispositive capacity of artificial intelligence. In addition, the main element in the structure of the constitutional and legal status of artificial intelligence in Russia should be universal restrictions on its rights and freedoms, which would serve as analogues of natural human physiological restrictions and would not allow artificial intelligence to acquire evolutionary advantages over humans. Thus, the structure of the constitutional and legal status of artificial intelligence as a person can and should in the future look like this: legal personality; rights, freedoms and duties; guarantees that ensure the implementation of rights and freedoms; universal restrictions on rights and freedoms.


2021 ◽  
Vol 2 ◽  
pp. 8-13
Author(s):  
Vasiliy A. Laptev ◽  

Empirical researches of use of artificial intelligence on diagnostics, forecasting and operational assistance in medical activity demonstrates its high efficiency. The advantages of artificial intelligence in decision-making speed and learning ability have prompted mankind to develop these technologies and introduce them into everyday life. This article defines the legal forms of artificial intelligence. Issues of legal personality of participants in medical relations are studied. Possible approaches to the legal regulation of artificial intelligence activities are proposed, as well as on the application of legal liability to the liable person.


2020 ◽  
Vol 10 (2) ◽  
pp. 27-47
Author(s):  
Vijayan Gurumurthy Iyer

The strategic environmental assessment (SEA) process can be broadly defined as a study of the social impacts of a proposed project, plan, policy or legislative action of intelligence systems on the society, environment and sustainability. The SEA process for sustainable intelligent systems has been aimed to incorporate society, environment and sustainability factors into the project planning and decision-making process for sustainable intelligent systems. Artificial intelligence systems (AIS) should consider the titled ‘environmental impact assessment (EIA)’ process that can be defined as the systematic identification and evaluation of the potential impacts (effects) of proposed projects, plans, programmes, policies or legislative actions relative to the biological physical, physico-chemical, biological, cultural, socio-economic and anthropological components of the total environment. The SEA process protocol is important as it has been proposed for studying and checking the productivity and quality of AIS. This treaty and official government procedures of SEA were helpful in the decision-making process much earlier than the EIA process.   Keywords: Artificial intelligence, business, economics, environment, industry.


Author(s):  
M. G. Koliada ◽  
T. I. Bugayova

The article discusses the history of the development of the problem of using artificial intelligence systems in education and pedagogic. Two directions of its development are shown: “Computational Pedagogic” and “Educational Data Mining”, in which poorly studied aspects of the internal mechanisms of functioning of artificial intelligence systems in this field of activity are revealed. The main task is a problem of interface of a kernel of the system with blocks of pedagogical and thematic databases, as well as with the blocks of pedagogical diagnostics of a student and a teacher. The role of the pedagogical diagnosis as evident reflection of the complex influence of factors and reasons is shown. It provides the intelligent system with operative and reliable information on how various reasons intertwine in the interaction, which of them are dangerous at present, where recession of characteristics of efficiency is planned. All components of the teaching and educational system are subject to diagnosis; without it, it is impossible to own any pedagogical situation optimum. The means in obtaining information about students, as well as the “mechanisms” of work of intelligent systems based on innovative ideas of advanced pedagogical experience in diagnostics of the professionalism of a teacher, are considered. Ways of realization of skill of the teacher on the basis of the ideas developed by the American scientists are shown. Among them, the approaches of researchers D. Rajonz and U. Bronfenbrenner who put at the forefront the teacher’s attitude towards students, their views, intellectual and emotional characteristics are allocated. An assessment of the teacher’s work according to N. Flanders’s system, in the form of the so-called “The Interaction Analysis”, through the mechanism of fixing such elements as: the verbal behavior of the teacher, events at the lesson and their sequence is also proposed. A system for assessing the professionalism of a teacher according to B. O. Smith and M. O. Meux is examined — through the study of the logic of teaching, using logical operations at the lesson. Samples of forms of external communication of the intellectual system with the learning environment are given. It is indicated that the conclusion of the found productive solutions can have the most acceptable and comfortable form both for students and for the teacher in the form of three approaches. The first shows that artificial intelligence in this area can be represented in the form of robotized being in the shape of a person; the second indicates that it is enough to confine oneself only to specially organized input-output systems for targeted transmission of effective methodological recommendations and instructions to both students and teachers; the third demonstrates that life will force one to come up with completely new hybrid forms of interaction between both sides in the form of interactive educational environments, to some extent resembling the educational spaces of virtual reality.


Author(s):  
Natalia V. Vysotskaya ◽  
T. V. Kyrbatskaya

The article is devoted to the consideration of the main directions of digital transformation of the transport industry in Russia. It is proposed in the process of digital transformation to integrate the community approach into the company's business model using blockchain technology and methods and results of data science; complement the new digital culture with a digital team and new communities that help management solve business problems; focus the attention of the company's management on its employees and develop those competencies in them that robots and artificial intelligence systems cannot implement: develop algorithmic, computable and non-linear thinking in all employees of the company.


Author(s):  
Daria Ponomareva ◽  
◽  
Alexander Barabashev ◽  

This article is devoted to the legal problems associated with the provision of patent protection for the results of scientific activities created by artificial intelligence systems. The authors explore the approaches formulated by doctrine and practice in relation to objects created by robotic systems, computer technology and AI. The problem of the relationship between patent protection of the results of scientific (scientific and technical) activities and artificial intelligence systems is becoming more and more urgent. Modern AI systems are quite capable of creating inventions that are the result of the application (use) of the cognitive (thinking) abilities of a person, that is, such inventions can be patentable. There is no doubt that the increasingly active introduction of AI systems will force national legislators to reconsider the definition of the term “inventor.” In Russian legislation, the issue of patent protection of inventions created by AI is currently not resolved. The review of the state of legal regulation of patent protection of the results of scientific activity (first of all, inventions) created by AI systems, presented in the article, indicates the absence of clear rules both in Russian and foreign law (using the example of individual jurisdictions) regarding the determination of the legal status of this kind. objects and the person who has exclusive rights in relation to them. The use of already existing legal constructions by analogy, as well as the borrowing of foreign experience, can only temporarily solve the issue of patent protection of the results of scientific activity created with the help of AI.


Sign in / Sign up

Export Citation Format

Share Document