Artificial Intelligence (AI) is the almost interesting topic around the world now a days, multiple industries doing their outlook and its use cases rising almost each and every day.The old and monotonic extremity jobs requiring large numbers of skilled labors and workers are now can be finished in just seconds with the help of computers.As engineering science advances it has made-up a new concept commonly known as "Artificial Intelligence". Quickly after its origin AI has paved its way into different areas. Similarly the legal profession is also getting affected by the promotion of this technology and some truly has gone through an acceptance of AI. This article intent to bring to the body of knowledge of Law and technology.
History of Artificial intelligence:
In 1956, John McCarthy normally known as the 'Father of AI' jointed his notion of what is called AI in his first theoretical conference magnificently known as 'the Dartmouth Conference'. Future Alan Turing, a great mathematician stick in the idea of whether if it is possible to make machines have the same choice to think and learn by itself. He was able to put his theories and questions into actions by testing whether "machines can think and operate like human being"? After series of experiment (which was later known as Turing Test) it turns out that it is possible to enable machines to think, learn and operate just like human beings. The Turing Test uses the practical approach (something that is based on practical considerations, rather than theoretical ones) to be able to categorize if machines can respond as humans.
What is AI?
AI is fundamentally the area of study that defines the potentiality of machine education just like humans and the ability to respond to certain behaviors. AI is designed using various rule that support the system to determine the probable answer, which will basically tell the system what to expect and work accordingly. All machines and software that use AI conduct and interact like humans. Just the way humans need time and experience to grow physically and mentally, AI also needs time. It keeps processing with the experiences by storing data and applying it in future whenever necessary. AI technology has advanced and developed a large number of tools to solve the most hard problems in computer science, i.e., logic, NLP (National Language Processing), control theory, search and optimization, probabilistic method acting for uncertain reasoning . AI is being used in many areas, for instance, autonomous vehicle (drones and self-driven cars),Airport Security (Face detection),medical (diagnose of disease and design new drugs),playing games (chess), search engines and recommendations (Google search, YouTube, Amazon), online assistant (Siri, Alexa), Credit risk assessment, Photography (AI-powered cameras, portrait mode detecting depth in Android phones), Instagram application using machine learning to find and search function, target advertising, fight cyber bullying and removing of offensive comments on the posts, Uber cabs request for Demand-Supply, optimal pickup points, expected time of arrival for rides. In short, applying a brain into machines that permit them to take decisions by themselves is the literal meaning and purpose of AI.
AI's presence, contribution and impact in the Legal Industry:
At its core, 'Artificial intelligence and law' are primarily taken up with applications of computer and mathematical techniques to make law more logical, convenient, beneficial, accessible, or probable. Theories of legal decision making, especially argumentation model, is helpful for informed representation; the model of social organization has lend to multi-agents systems; rational with legal cases has compact to case-based reasoning; and the need to store and recover large amounts of textual data has resulted in part to conceptual information retrieval and intelligent databases.With that notion, one might trace the roots of similar ideas back to Gottfried Leibniz (a mathematician known for calculus and also a trained lawyer who researched how numerical formulas might improve the law) in the 1600s.
The terms AI & Law was first utilized in the 1970s by Buchanan and Headrick. The time period includes Thorne McCarty's significant TAXMAN project, which was taken up with the modeling of the majority and minority arguments in a US Tax law case in the USA and Ronald Stamper explored LEGOL project that attempted to supply a formal model of the norms that administer the organization in the UK. In 1980, Carole Hafner's did some amazing work in this field, which included work on conceptual retrieval, and Anne Gardner's computational model is much discussed in jurisprudence, which helped distinguish between easy and hard case laws.
In 1987 a periodic conference, the International Conference on AI and Law (ICAIL), was settled, which is be given to be the relation of AI and Law community. This conference was the main place for announcing and developing ideas within AI and Law, which later in 1991 led to the foundation of the International Association for Artificial Intelligence and Law (IAAIL). Examples in AI and Law include Valente's functional ontology (the term 'ontology' refers to the study of conceptualization) and since then Legal metaphysics have become the topic of regular workshops at AI and Law conferences.
In 2018, a study depicted that LawGeex, which is an AI contract assessment platform, tried it on human Lawyers and amazingly the system achieved an accuracy rate at 94% surfacing risks in Non-Disclosure Agreements (NDAs) in comparing to experienced human lawyers who average out at an 85% accuracy for the same task. The legal AI system took 26 seconds to complete the review whereas the human lawyers took an average of 92 minutes.AI tends to save a lot of time of lawyer's. It is cost effective, which enables the law firm to generate more revenue. The AI helps the lawyer to maintain good client relations. If the work, which takes upto 10-12 hours to complete, it can be done within few seconds with the acceptance of AI technology.
Legal Framework in our India:
India, being a developing nation, has a substantially huge population and people part in the field of Law and Technology. The Ministry of Industry and Commerce in India, has established 18-member task force titled, "Task Force on AI on India's Economic Transformation" to search all the achievable outcomes and in 2018 the task force has given a detailed report providing steps to be taken with regards to the formulation of an across-the-board policy on AI in India. Task Force has also recommended to the Department of Industrial Policy and Promotion (DIPP) to set up and fund an Inter-Ministerial national AI Mission, for a period of 5 years, with funding of around 1200 crores, to act as a nodal agency to co-ordinate all AI related activities in India.Setting up of data banks and ombudsman will be the duty of Ministry of Electronics and Information Technology . The report also plan to Bureau of Indian Standards to ensure that India participates and implements all the required norms with regard to AI systems. Ministry of Human Resource Development and Ministry of Skill Development and Entrepreneurship should aspect after education program to develop capable human resources with required skill sets to meet the growing demands of professionals who can handle AI systems. Finally the report proposes for inter-ministerial collaborations to ensure that India actively participates in all the meetings and conferences on AI conducted at international forums. There are few conferences that are taking place in India, like, The Machine Conference 2020, Data Science Congress 2020, The Rising 2020, Gartner Data & Analytics Summit 2020. India has taken many initiatives for the formulation and implementation of AI. Though, the liability and punishment part of this technology is lacking, as there is no legal personality as of now. There are number of theories suggesting on how AI can be brought under criminal and civil law: for instance, Natural consequence theory where the user will be held accountable for their negligent rational state, innocent agent theory where the programmer will be held liable and direct approach theory where independent AI entitiy will be responsible for its own act. Tort of negligence would require establishing that AI owned a duty to take care, a duty towards the plaintiff, and damage was caused to the plaintiff due to breach of such duty by AI. Since machines have been treated as consumer products therefore, strict liability rule has been assigned to the manufacturers. At present, AI entity is not held liable due to lack of a legal personality.
The goal of this article was to provide a realistic and demystified view of AI and law. The purpose of applying AI based legal solutions and deep machine learning methods is to increase the overall performance of legal systems. From the aforementioned discussions, it can be concluded that if the lawyers and law firms use AI technology, it is going to improve the efficiency in research process, the use of software can pacify the process of document review, a lot of resources will be saved in form of time and money. The world is changing with increase in technological advancements after globalization. AI is leading in various sectors by automating jobs of legal professionals at a certain level, but this won't up take their jobs instead it will lead them to various different roles. It is difficult to make a statement about how the whole process of AI in the legal industry will look after a couple of decades but as of now it can be said that the adoption of AI in the legal industry is worth a shot. The innovation of every technology comes with some issues, but that doesn't mean it's useless. It is very crucial to comprehend the new technology in well timed and suitable regulatory framework is established so that the entire world does not miss out from a gigantic opportunity.
"AI is not about Human vs. Machine.but, it's human and machine vs. the problem."
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