Given the pervasiveness of digitalization in many elements of society, it would be too restrictive to confine discussions of the role of law and regulatory choices to certain elements, such as the direct handling of AI. AI is just one of the numerous aspects of using intelligent IT systems.
Its importance varies depending on the kind of processing and its influence on actions. As a result, each sector of the legal system has unique issues that need not only broad norms but, in many cases, region-specific solutions.
The legal approach of AI must overcome the widely held belief that AI is largely used for spying.
The same can be said for data protection law, which has long been concerned with the regulation of digital transactions. It has made the treatment of personal data and, in particular, the preservation of privacy, a top priority.
To be sure, data privacy is still important when it comes to AI, especially when it comes to processing personal information.
- Other types of data, such as information that has been anonymized and data that has no past or present human link, such as machine-generated data in the field of Industry, are also used.
- In addition to data protection law, many other legal areas, such as telecommunications law, competition law, intellectual property law, and liability law, particularly product liability law, may be relevant in dealing with AI and the various ways in which it can be used.
Medical law, financial markets law, and road traffic law are all examples of key law particular to the appropriate field of application.
- The consequences connected with capacities to use sophisticated IT systems in numerous areas of society are particularly significant for the realization of individual and societal goals.
- As a result, a wide examination of the dangers and opportunities linked with AI and its applications is required. During this process, the focus should not be limited to services delivered directly through AI-enabled digital technologies (i.e. the output).
The influence of using a complicated IT system on persons to whom choices are directed or on affected third parties is also essential (i.e. impact as micro-effects).
- Furthermore, it may be necessary to evaluate the broader, longer-term influence on important parts of society or society as a whole, as well as the extent to which such influence is significant for legislation and regulation (i.e. outcome as macroeffects).
- This is demonstrated by the fact that a lot of new digitally based services have an influence not only on the people who use them, but also on third parties and the sustainability of social sub-systems.
- For example, digitization and AI can have a significant impact on people's lives, experiences, cultural orientations, attentions, and civic ideals, with implications for private life, education, public opinion formation, and political decision-making processes.
- Furthermore, particular (remote) impacts can be seen in a variety of societal sub-areas. Robotics, for example, which is utilized to boost efficiency and reduce costs in manufacturing processes, has the potential to drastically disrupt the labor market, including working conditions.
The increasing usage of Legal Technology in the sphere of legal services may be expected to have the similar effect.
- New sales channels for items that may be purchased on platforms like Amazon modify marketplaces, such as retail marketplaces, and this may have an influence on the availability of companies and service providers in cities, as well as the type of social interaction.
- The availability of long-term residential accommodation, as well as the hotel business, is impacted by the brokering of accommodations through Airbnb.
- The algorithmic management of financial market deals might lead to unanticipated outcomes, such as prices crashing or surging, and so on.
- When information technology systems with cutting-edge infrastructures and cutting-edge technologies, including highly developed AI, are used for broad-scale social engineering or to control economic and state order, as well as individual and social behavior, it has far-reaching implications for all three levels of effect mentioned (output, outcome, and impact).
This is the direction in which Chinese trends are now moving.
- Commercially oriented companies, primarily but not exclusively market-dominant IT firms like Alibaba Group (inter alia, various trading platforms and the widely used online payment system Alipay) and Tencent Holdings (inter alia, social networks, news services, and online games), are collaborating closely with state institutions and the Communist Party to collect and link data.
- The goal is to improve market processes, align people's social behavior with specified values (such as honesty, reliability, integrity, cleanliness, law-abiding behavior, family duty, and so on), and assure state and societal stability.
- China is now working on a comprehensive social scoring system/social credit system (currently being pilot tested, but soon to be applied in wide areas of China).
- It would be short-sighted to examine the evolution of this system just through the lens of people surveillance and repression. It has a much broader set of goals.
The purpose of this essay is not to investigate and analyze the Chinese social credit system, and it should not be. I mention it just to demonstrate the potential that may be realized as a result of new information technology options. This work is dedicated to examining the issues that law and regulation face in the current state of affairs globally.