21 March, 2018
Partner Tim Brookes from the Ashurst Digital Economy Group in Sydney, touches on the legal challenges that companies must address when integrating AI into their businesses.
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Transcript
"Artificial intelligence" is one of the most abused expressions in the media today.
When we're talking about artificial intelligence, what we really mean is, computer systems performing tasks that are ordinarily undertaken by people and which require human intelligence. So we mean things like, visual recognition, speech, understanding speech, language translation, and most importantly decision making.
So many computer systems today, possess some of those features, but not all of them, and artificial intelligence is when you have all of those characteristics brought together in one system, and the system is what's called 'Turing complete' – that is, it is indistinguishable from a human, from an intelligence perspective.
When artificial intelligence arrives, and it's not scheduled to do so for many years yet – probably around 2030 or 2032, the experts are saying – there will be a number of legal challenges for lawyers to address, apart from the challenges that we'll all face to our own practices.
In terms of thinking about the legal issues for our companies and our organisations, we're going to have to address, issues such as reliance on artificial intelligence, because this is going to be an incremental process. You will find that gradually decision making will be taken over by systems, and the question is: who can place reliance on that decision making? Will you be able to sue if a system recommends you borrow a particular product, or buy particular equipment at a particular time, and that decision proves to be wrong. That's probably going to be one of the main issues that's facing artificial intelligence from a legal perspective.
Plus, also just who will be legally liable or responsible for the decisions of the artificial system.
So when you're contracting with AI or AI like systems today, there are probably two key things that you need to think about.
The first is, a lot of artificial intelligence services are based on data. And more often than not, it'll be the customers of the artificial intelligence system that have the underlying data. So you need to very carefully, consider what the rights of your organisation's data will be? Whose providing it? What's the responsibility for the raw data? What rights does the AI system provider have to that data? And so on and so forth. So data is a very important issue.
And then the second issue, is back to the point I made earlier, about who will be responsible for the decisions of the artificial intelligence system?
For further information, please contact:
Tim Brookes, Partner, Ashurst
tim.brookes@ashurst.com