The Age of AI: challenges, risks and the importance of regulation and compliance

In an article published on the portal TI Inside, Dr. Matheus Puppe, partner in the TMT, Privacy & Data Protection area at Maneira Advogados, addresses the need for regulation and application of compliance rules for the ethical use of artificial intelligence tools.

The Age of AI: challenges, risks and the importance of regulation and compliance

By Matheus Puppe

July 26, 2023

Artificial intelligence (AI) has revolutionized several industries, from medicine to law. However, its use brings with it several dilemmas and risks, as evidenced recently when lawyers were fined US$5,000 for presenting legal cases generated by ChatGPT, an AI developed by OpenAI. An incident that, together with other isolated cases, exposes the risks of the tool, its dilemmas and legal impacts, as well as the imminent need for stricter regulation focusing on the ethical use of AI.

The challenges and legal impacts of AI are substantial In addition to intellectual property, copyright, among others, civil liability, in particular, presents a new complex legal dilemma. In theory, civil liability for actions taken by an AI can be attributed to various parties involved in the development, implementation and use of the technology, but this is still a legal dilemma to be resolved through extensive academic and legal research and investigations. The fact is that the level of responsibility, co-responsibility, joint liability or subsidiary liability for damages caused by improper use or even failures and errors of the tool are difficult. For example, could a developer of the AI, if there are errors in the code or flaws in the design that result in harm, or the owner or user of the AI, if they fail to take appropriate precautions when using the technology, be jointly liable? Or even the company? In machine learning, the solution is clear, but with Artificial Intelligence, as algorithms “evolve” and build themselves, the initial programming is often exceeded over time, and the line of accountability becomes even thinner. It is undeniable that attributing responsibility can be difficult in practice, given the number of “players” involved in the creation and use of AI, as well as the decentralized and global nature of the technology.

The tort liability dilemma is also compounded in the context of defamation. For example, if AI is programmed and used for the purpose of disseminating false or harmful information about a person, it is possible that the defamed person could seek legal action against whoever programmed or controlled the AI ​​– as a recent case in Brazil. This could include a company that developed the AI ​​or the individuals who are using it or even API creators and third parties involved. However, due to the large number of parties needed to get an AI up and running – which can include programmers, startups, companies, investors and users – applying fair and equitable liability can be complex and challenging.

This incident with the law firm highlights the urgent need for strict regulation with a focus on self-regulation (regulated), through compliance focused on the ethical use of the AI tool. It is also imperative that there are clear laws, regulations or even statements and jurisprudence that address civil liability in cases of damage caused by AI. Furthermore, developers and users need to adopt an ethical and principled stance that aims to protect the end user or customer when dealing with technology, ensuring that it is used responsibly and that measures are taken to minimize potential harm.

AI is a powerful tool that has the potential to bring great benefits to society. However, its use also brings with it new legal challenges and significant risks. It is crucial that we address these challenges head-on and establish clear regulations and robust ethical practices to ensure AI is used in a beneficial and responsible way.

Matheus Puppe, Lawyer, partner in the TMT, Privacy & Data Protection area at Maneira Advogados.

https://tiinside.com.br/26/07/2023/a-era-da-ia-desafios-riscos-e-a-importancia-da-regulacao-e-do-compliance/