Artificial intelligence can be defined as, the simulation of human intelligence processes by machines, especially computer systems. AI is not a single technology. Instead, it is an umbrella term that includes any type of software or hardware component that supports machine learning, expert systems, generative AI and certain types of robotics. There are huge diffusions of AI in every field, therefore, we can realize the advantages in our day today life and with that there is a high possibility of threats to life.
Artificial intelligence?
Artificial intelligence is a rapidly advancing internet-enabled technology. AI provides a computer program which can think and learn on its own. It is like human intelligence. Many industries tend to use AI to improve the performance and quality of their work. As advancement in the law field, AI can be easily practised producing recommended solution with suggestion of supporting legal rule and according to the working schedule of lawyers, most of their task can be replaced by AI system. Barriers are also unavoidable when we use this system. When replacing digital lawyers with human lawyers, it is not an easy task to train AI with legal language as well as AI can’t achieve higher accuracy and responsibility.
Application of Artificial Intelligence into Law
When discussing about applying AI into law, it can be mainly classified into two areas as AI for crime detection (DNA analyzing, Gun Shot Detention, Public safety videos and images, Digital Forensics) and AI for crime prevention (Predicting crime spots, Predicting who will commit the crime).
AI can automate many tasks, including document review, analysis, classifying issues, identifying patterns, predicting optimal strategies and so on. This is a low cost and organized method for law firms. AI technology has a vast capacity to gather data and to generate predictions and decisions.
We can use AI to support sentencing and decide bail amounts in Criminal Courts. In Civil courts, by entering data about administration, pleadings, relevant statutory laws, and case laws can help to reduce the weight about the inferior courts and can lead to design an efficient service.
By using AI, the courts steps that require labour force, such as sending summons, giving next date, reminding the parties about upcoming court dates, give easy access to the case records, can be entrusted to the AI. By analyzing patterns, similar incidents, evidence produced, arguments made in previous landmark cases, AI is capable of managing, and evaluating the ongoing cases, more precisely.
Laws recognizing AI in Sri Lanka
The legislative and statutory approach regarding digitization is antiquated and AI is untouched, such as The Evidence OrdinanceNo.14 of 1896, latest Amendment [Special Provisions] Act No.32 of 1999, The Electronic Transactions Act No.19 of 2006, The Computer Crimes Act No.24 of 2007. Therefore, Sri Lanka is silent, and no legislation is recognized regarding AI.
Challenges and limitations of AI
In the legal world, there is a problem in finding the right information which is exacerbated by the insurmountable amount of online legal information. Because of this overloaded result make a less confidence in the legal research process and unsure whether they found the right information. Most Lawyers think natural language process and machine learning to help them find needle in the haystack what they are looking for, but it reduces the step in traditional brief analysis. Lawyers should take steps to protect client information but it critical to understand AI application how the information they input is stored or share with third parties.
There is contrast with AI model and technical legal language so there isn’t existing computer language model with understand legalese properly. Therefore, it is not possible to apply legal tasks with a robot lawyer. The lawmen won’t take a thing in a rapid speed due to the accelerated advancement in legal technologies cannot be accepted by the human in a short period of time. The practical work of the lawyers, they must consider all the background data and render the best guidance on the client problem and filtering best fact out of irreverent, so this process is based on their experience, general knowledge and human activities. These tasks practically challenge when using AI system. It’s not possible to practice a robot with emotional intelligence system as a human.
The building cost of AI isn’t cheaper because for AI mechanism there are large chunks of reliable data needed so the client charges may become higher than expected and large law firm only afford these facilities because of this higher cost. There is no guarantee or responsibility work done by a digital lawyer, but the client requires accuracy and responsibility of their paid lawyers.
Artificial intelligence’s legal personality isn’t properly defined in contemporary law, so the current legal system doesn’t make Robot liable for its own action and omission. AI may give biased results on court outcomes. While computing forecasts, AI robots can take irrelevant characteristics and provide inaccurate predictions to legal department. New regulations are passed every day, and an out dates legal AI solution can make inaccurate predictions and lead companies to wrong conclusions.
AI system generates new work of authorship. Therefore, take steps to ensure AI generated content unless it has been sufficiently modified to become a product of human creation. The work doesn’t register which is done by mechanical process then it is impossible to enforce in a court of law. AI has a lack of transparency so people can’t understand how AI system comes to its conclusion, create lack of explanation for what data AI algorithms use. AI system trained on data that reflect historic biases or inequality. AI penalizes candidates when it can’t understand a person’s accent or speech implement that lead to illegal employment discrimination.
AI raises several ethical issues for employment, impact on society and AI used for harmful purposes. Application of AI to surveillance or cyber security for national security it opens new attack vector based on data diet vulnerability. It makes domestic security related issues.
By using AI, we can replicate someone’s voice, create realistic image and can make deepfake videos using a person’s resemblance, so these may pose a threat to authenticity when using the photos, videos and audios of a people or replace the image of one figure with another in an existing picture or videos can inevitably leak into the court room. Where it is impossible to distinguish between credibility and faulty news as evidence.
AI- generated content contributes to the spread of false information and manipulation of public opinion. It becomes a threat to the democracy and a tool for fascism and spreading fake news which undermining the social trust.
Recommendation
AI should include image and speech recognition, fraud protection and must advocate for strict data protection and safe data handling practices. For mitigating security risks government and nongovernment organizations need to develop best practices and development to foster international cooperation to establish global norms and regulation.
In AI, research community should engage in safety research, collaborate on ethical guidelines and promote transparency in artificial general intelligence. The Association must ensure the right, license to use and distribute the intellectual property works, being transparent about who created such work. Association also considers that they don’t infringe on 3rd party intellectual property rights. Association need insurance coverage in place to protect against potential liability claim in all legal risk and adopt and distribute appropriate policies governing AI usage for staff and member leaders. Conducting programs and seminars regarding AI to educate lawyers. Countries can send IT people for foreign training by that can demolish the risk in AI.
Conclusion
There are advantages and disadvantages to AI systems. Through reducing the challenges of AI, we can control the potential dangers of AI. So, in this article I highlighted the challenges and recommendations for the development of the legal profession, mainly in the practice management.
The legal issues that need to be carefully considered before going too far down the AI path. It is important that we continue to develop laws of AI is used in responsible and ethical manner.
The writer is Lecturer
Faculty of Management Studies,
Open University of Sri Lanka (Nawala)
