10 Critical Questions in AI Law

10 Critical Questions in AI Law. Artificial intelligence (AI) is making a technological revolution in recent years and is being used more and more in every area of life, from decision-making processes to creativity. With the rapid development of algorithms and the widespread use of autonomous systems, new and complex questions are arising for legal systems. Traditional legal rules are being insufficient in solving the problems arising from the independent actions of machines. In this article, answers to the 10 most critical questions about the legal boundaries and future of artificial intelligence will be sought, and the basic concepts of artificial intelligence law and the challenges being encountered will be examined in detail.

1. Does Artificial Intelligence Have a Legal Personality?

Whether artificial intelligence has a legal personality is one of the most debated subjects in international law. In current legal rules, legal personality is not being granted to artificial intelligence. Legal persons are being separated into two: real persons (humans) and legal persons (companies, associations). Artificial intelligence systems are being accepted as a tool, a work, or a software, and for this reason, they cannot acquire rights and debts by themselves.

2. To Whom Do Works Created by Artificial Intelligence Belong?

10 Critical Questions in AI Law. The subject of the copyright ownership of works such as art, music, or writings that are being produced by artificial intelligence is showing inconsistency with existing copyright laws. Intellectual Property Law is giving the ownership of a work to the “human” who has created it. Because the creativity of artificial intelligence is not occurring with a direct human will, the copyright of these works can belong to the programmer who has developed the artificial intelligence, the user who has given the command for the work, or the owner of the artificial intelligence system.

3. Who is Responsible for Mistakes Made by Artificial Intelligence?

The damages caused by autonomous systems are leading to complex questions in terms of legal responsibility. For example, in the case of an accident caused by a driverless vehicle, it is being debated whether the legal responsibility belongs to the driver, the owner of the vehicle, the manufacturing company, or the engineer who has developed the software. In general, the person who holds the ultimate control (user or owner) or the person who is at fault in the production of the system (manufacturer) is being held responsible for the damages caused by artificial intelligence.

4. Who is Punished for Crimes Committed by Artificial Intelligence?

The criminal responsibility caused by artificial intelligence is being seen as one of the biggest challenges for legal systems. For criminal responsibility to arise, a will and intent of the perpetrator must be found. The assumption that an artificial intelligence system can commit a crime consciously is not being compatible with existing criminal law principles. For this reason, the persons who are programming, managing, or using the artificial intelligence are being held responsible for the crimes committed by artificial intelligence.

5. What are the Boundaries Between Artificial Intelligence and the Protection of Personal Data?

Artificial intelligence systems are generally learning by using large data sets. The finding of personal data in these data sets is bringing new problems related to regulations such as the Law on the Protection of Personal Data (KVKK) and GDPR. The processing of personal data by artificial intelligence is requiring an explicit consent to be taken from the data owner in a lawful manner or a legal basis to be found. Subjects such as the transparency of the data being used in the decision-making processes of artificial intelligence and the data owner’s right to stop the processing of their data are also holding great importance.

6. How is the Transparency and Explainability of Artificial Intelligence Decisions Ensured?

Especially in critical areas such as health, finance, or employment, the logic behind the decisions given by artificial intelligence must be explainable. Legal systems are bringing the obligation to explain the reasons for the decisions given by artificial intelligence. It is required for it to be explained by artificial intelligence why a person’s credit application has been rejected or why an insurance policy is of high cost, and for ways of objection to these decisions to be offered.

7. Can the Algorithms Used by Artificial Intelligence Discriminate?

Artificial intelligence algorithms can learn the biases in data sets, and these biases can cause discriminatory decisions to be given. For example, an artificial intelligence system based on past data can give discriminatory decisions against a certain demographic group. This situation can lead to the violation of the prohibition of discrimination. For this reason, it is required for artificial intelligence algorithms to be designed and audited in a fair and impartial manner.

8. Can Human Rights Be Granted to Robots or Artificial Intelligence?

In the future, in the case of artificial intelligence systems having consciousness and emotions, it is being questioned whether human rights can be granted to these systems. Although this subject is being seen as a philosophical and ethical debate, it is an important subject that can shape the future of law. It can be necessary for legal systems to create new categories (for example, electronic person) for these kinds of situations.

9. Where are Turkey and the World in Artificial Intelligence Regulations?

In the field of artificial intelligence, many legal regulation studies are being done on an international level. In the European Union, the Artificial Intelligence Act (AI Act), which is bringing strict rules for high-risk artificial intelligence systems, has been accepted. In Turkey, on the other hand, legal regulations related to artificial intelligence have not yet been taken into a law framework, but existing laws such as the Law on the Protection of Personal Data are indirectly affecting the use of artificial intelligence.

10. What is the Place and Future of Artificial Intelligence in the Legal Profession?

Artificial intelligence is carrying the potential to fundamentally change the legal profession. Artificial intelligence systems are being used in routine tasks such as legal research, document analysis, and the drafting of contracts. This situation is enabling lawyers to focus on more strategic and creative legal work. The integration of artificial intelligence into the legal profession is requiring the determination of ethical standards and lawyers to acquire new skills.

10 Critical Questions in AI Law. Artificial intelligence is being accepted as both a great opportunity and a serious challenge for legal systems. Traditional legal concepts are being reinterpreted together with the innovations brought by artificial intelligence. In subjects such as the legal status of artificial intelligence, responsibility, intellectual property, and ethics, legal gaps and uncertainties are being found. For these uncertainties to be eliminated, it is required for cooperation to be made on a national and international level, for new laws to be prepared, and for existing regulations to be updated.