Artificial Intelligence and Legal Personality

It comes as no surprise that with the state and age at which Artificial Intelligence is functioning a legal status must be accorded to it. Steps have been ensued in the following direction by various countries specially that from Saudi Arabia which has endowed citizenship to ‘Sophia’ a humanoid, on similar line various developments have been made in regards to it by the Japanese Government as well.

However in India, the legislation has fallen short of the technological development. This has been a problem not only peculiar to India but several other countries as well. The urgency now that has become quite superficial is how important it is to bestow a legal status to AI, especially in this age of ‘Big Data’

The arguments mentioned down below shed some light on the idea why AI must be given legal status; or rather this cause has become completely non-negotiable.

Autonomous Character

After the algorithm for AI has been set, it becomes completely self-sufficient to make decisions of its own, not much external impetus is required with the decision making aspect of Artificial Intelligence. Therefore all the attributes pertaining to the autonomous character reflect on the very fact which is of utmost essence is the conferring of legal status to AI

Symbolic Intellectual

Adding to the point discussed above briefly, is the fact that Artificial Intelligence is a ‘Symbolic Intellectual’ even though it lacks a body and soul of its own, but still it can work and think like any other human. In 1970 Marvin Minsky told Life Magazine, “from three to eight years we will have a machine with the general intelligence of an average human being.”[1]

The skepticism surrounding AI doesn’t end here; in fact it leaves room even for many other questions. If somehow we decide the liability, then other questions that automatically propels itself to the surface which includes the questions of Jurisdiction and Compensation.

 Also the important issue is which liability is to imposed be it joint, strict or Vicarious. Therefore the only thing that we can conclude is that, there are more questions than there are answers.

BY

AVANTIKA SHUKLA

BA-LLB 3th Year

BVDU NEW LAW COLLEGE, PUNE


[1] sitn.hms.harvard.edu/flash/2017/history-artificial-intelligence/

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