Law and Technology worked together and need of the hour

ABOUT AUTHOR

I am Kavya, a second-year BBA-LLB student at Christ [deemed to be a university].

DELHI- NCR

CONTACT- 9017335577

ADDRESS- H NO -1911 SEC-17 YAMUNANAGAR ,HARYANA

I have worked on the research paper along with my co-author.

CO- AUTHOR.

I Yash Kumar 2ND YEAR LAW STUDENT OF BA-LLB IN GGSIP UNIVERSITY NEW
DELHI

CONTACT- 8700337743

ADDRESS: I-303 Shiva Ram Park, Nanggloi, 110041 NEW DELHI

Worked together on the research paper and we are thankful for providing us with great
opportunity.

Abstract

Artificial intelligence (A.I.) is a multidisciplinary field that aims to automate tasks that

currently require human intelligence. Computerized medical diagnosticians and systems

that automatically customize hardware to specific user requirements are examples of recent

A.I. successes. Perception, Manipulation, Reasoning, Communication, and Learning are

the major problem areas addressed by A.I. Perception is concerned with constructing
physical world models from sensory input (visual, audio, etc.). Manipulation is the
articulation of appendages (e.g., mechanical arms, locomotion devices) to achieve a desired
state in the physical world. Higher-level cognitive functions such as reasoning are
concerned with higher-level cognitive functions such as planning, drawing inferential
conclusions from a world model, diagnosing, designing, and so on. Communication is

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 concerned with the problem of comprehending and conveying information through the use
of language. Finally, Learning addresses the issue of continuously improving system
performance based on the system's experience. All system knowledge must be represented
within such an architecture.Knowledge Engineering is the subfield that deals with the
acquisition and encoding of real-world knowledge into A.I. architecture. In modern society,
ethics and law are inextricablylinked, and many legal decisions are based on how various
ethical issues are interpreted. AI (Artificial Intelligence) brings a new dimension to these
issues. Artificial intelligence-enabled systems are becoming increasingly autonomous in
terms of the complexity of the tasks they can perform, their potential impact on the world,
and humans' diminishing ability to understand, predict and control their operations. Most
people underestimate these systems'true level of autonomy. They can learn from their own
mistakes and perform actions that their creators did not intend for them to do. This creates
a number of ethical and legal issues,which will be addressed in this article.

Key Word: Artificial Intelligence

Research Question: -

Is there a need in India for separate departments in artificial intelligence and cyber safety?

Methodology: -

Doctrinal Research

Introduction: -

I chose this topic to highlight one of the most recent technological trends, AI (Artificial
Intelligent). As a result, I will discuss some of the most important aspects of AI that will
aid in a better understanding of Artificial Intelligent and both its benefits and drawbacks in
order to protect ourselves from the upcoming technological trend. In addition, some of the
algorithms used in AI systems will be discussed in this paper.

Rapid advances in artificial intelligence have far-reaching implications for the economy
and society as a whole. These innovations have the potential to have a direct impact on the
production as well as the characteristics of a wide range of products and services. There are
significant implications for productivity, employment, and competition. However, as
significant as these effects are likely to be, artificial intelligence has the potential to change
the innovation process itself, with equally profound consequences that may come to

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 dominate the direct effect over time. Consider the case of Atom wise, a startup that is
developing novel technology for identifying potential drug candidates (and insecticides) by
predicting the bioactivity of candidate molecules using neural networks. According to the
company, its deep convolutional neural networks "far outperform" conventional "docking"
algorithms. The company's Atom Net product is described as being able to "recognise"
foundational building blocks of organic chemistry and capable of generating highly
accurate predictions of the outcomes of real-world physical experiments after appropriate
training on massive amounts of data (Wallach et al., 2015). Such breakthroughs raise the
prospect of significant increases in the productivity of early-stage1 drug screening. Of
course, Atomwise's technology (and that of other companies using artificial intelligence to
advance drug discovery or medical diagnosis) is still in its early stages: while preliminary
results appear promising, no new drugs have been released using these novel approaches.
Whether or not Atomwise fulfils its promise, its technology is representative of the ongoing
effort to develop a new innovation "playbook," one that uses large datasets and learning
algorithms to engage in precise prediction of biological phenomena in order to guide the
design of effective interventions. Atomwise, for example, is now using this approach to
discover and develop new pesticides and crop disease control agents. Atomwise's example
exemplifies two of the ways in which artificial intelligence advancements have the potential
to impact innovation. First, while the origins of artificial intelligence are broadly in the field
of computer science, and its early commercial applications were in relatively narrow
domains such as robotics, the learning algorithms that are now being developed indicate
that artificial intelligence may eventually have applications across a wide range of domains.
According to the economics of innovation (for example, Bresnahan and Trajtenberg
(1995)), there is an important distinction between the problem of providing innovation
incentives for developing technologies with a relatively narrow domain of application, such
as robots purpose-built for narrow tasks, and technologies with a broad—some might say
almost limitless—the domain of application, such as advances in neural networks and
machine learning. As a result, one of the first questions to consider is whether advances in
artificial intelligence are simply examples of new technologies, or whether they are the
kinds of "general purpose technologies" (hereafter GPTs) that have historically been such

1 The impact of Artificial Intelligence on Innovation - NBER. (n.d.). Retrieved February 8,

2023, from https://www.nber.org/system/files/working_papers/w24449/w24449.pdf

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 influential drivers of long-term technological progress. Second, while some artificial
intelligence applications will undoubtedly provide lower-cost or higher-quality inputs into
many existing production processes (raising concerns about the potential for large job
displacements), others, such as deep learning, may not.

Not only are there productivity gains across a wide range of sectors, but there are also
changes in the nature of the innovation process within those domains. As Griliches (1957)
famously stated, the "invention of a method of invention" has the potential to have a much
larger economic impact than the development of any single new product by enabling
innovation across many applications.

History of Artificial Intelligence: -

John McCarthy proposed artificial intelligence for the first time in 1956 at his first
academic conference on the subject. The idea of machines acting like humans began to
occupy scientists' minds, and whether it is possible to make machines have the same ability
to think and learn on their own was introduced by mathematician Alan Turing. Alan Turing
was able to test whether "machines can think" by putting his hypotheses and questions into
action. Following a series of tests (later dubbed the Turing Test), it was discovered that it
is possible to teach machines to think and learn in the same way that humans do. Turing
Test employs a pragmatic approach to determine whether machines can respond like
humans. ("Smith," n.d.)23

The Evolution of Artificial Intelligence: Robotics, Symbolic Systems, and Neural

Networks

Nilsson (2010) defines AI as "that activity devoted to making machines intelligent, and
intelligence is that quality that enables an entity to function appropriately and with foresight
in its environment" in his omnibus historical account of AI research. His account describes
how various fields, including but not limited to biology, linguistics, psychology and
cognitive sciences, neuroscience, mathematics, philosophy and logic, engineering, and

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3(PDF) Artificial Intelligence - Researchgate. (n.d.). Retrieved February 8, 2023, from
https://www.researchgate.net/publication/323498156_Artificial_Intelligence

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computer science, contributed to AI achievements. And, of course, no matter what
approach they take, artificial intelligence research has been united from the start by its
engagement with Turing (1950) and his discussion of the possibility of mechanizing
intelligence. Though frequently lumped together, the intellectual history of AI as a
scientific and technical field is best informed by distinguishing three interrelated but
distinct areas: robotics, neural networks, and symbolic systems. Perhaps the most
successful line of research in the early years of AI, dating back to the 1960s, can be
classified as symbolic 10 system. Although early pioneers like Turing emphasised the
importance of teaching a machine like a child (i.e., emphasising AI as a learning process),
the "symbol processing hypothesis" (Newell, Shaw, and Simon, 1958; Newell and Simon,
1976) was based on an attempt to replicate the logical flow of human decision making
through symbol processing. Early attempts to implement this approach were met with
resounding success in demonstration projects. Projects that demonstrate a computer's
ability to navigate elements of a chess game (or other board games) or engage in relatively
simple conversations with humans by following specific heuristics and rules embedded in
a programme. However, while research based on the concept of a "general problem solver"
has remained a significant academic focus, The symbolic systems approach has been
heavily criticised for its inability to meaningfully impact real-world processes in a scalable
way, and there have been periodic explosions of interest in the use of such approaches to
assist human decision-making (e.g., in the context of early-stage expert systems to guide
medical diagnosis). Of course, breakthroughs in this field are possible in the future, but it
is fair to say that, while symbolic systems remains an area of academic research, it has not
been central to the commercial application of AI. It is also not at the heart of the recently
reported advances in AI associated with machine learning and prediction. A second
influential AI trajectory has been in the field of robotics. While the concept of "robots" as
machines that can perform human tasks dates back to at least the 1940s, the field of robotics
began to flourish meaningfully from the 1980s onwards due to advances in numerically
controlled machine tools and the development of more adaptive but still rules-based
robotics that rely on active sensing of a known environment. This is perhaps the most
economically significant application of AI to date, with large-scale deployment of
"industrial robots" in manufacturing applications.

These machines are meticulously programmed to perform a specific task in a highly

controlled environment. They are frequently found in "cages" within highly specialised

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 industrial processes. (most notably automobile manufacturing), these purpose-built tools
may be better described as highly sophisticated numerically controlled machines than as
robots with significant AI content. Robotics innovation has had a significant impact on
manufacturing and automation over the last two decades, most notably through the
introduction of more responsive robots that rely on programmed response algorithms that
can respond to a variety of stimuli. This approach, famously pioneered by Rod Brooks
(1990), shifted AI's commercial and innovation focus away from modelling human-like
intelligence and towards providing feedback mechanisms that would allow for practical
and effective robotics for specific applications. This insight inspired the Roomba and other
adaptable industrial robots that could interact with humans, such as Rethink Robotics'
Baxter). Continued advancements in robotics technologies (particularly in robotic devices'
ability to sense and interact with their surroundings) may lead to broader application and
adoption outside of industrial automation.4

Description Artificial Intelligence

Artificial Intelligence is a field of study that describes the ability of machines to learn like
humans and to respond to specific behaviours, also known as (A.I.). Artificial intelligence
is becoming more sophisticated by the day. AI has been the catalyst for rapid change in
technology and business fields since its introduction to the market. According to computer
scientists, "85% of customer interactions will be managed without a human" by 2020.
"Gartner" (n.d.). This means that simple human requests will be dependent on computers
and artificial intelligence, similar to how we ask Siri or Galaxy about the weather and
temperature. It is critical to be prepared for AI revelations, as the UAE has done by
appointing an AI state minister.

Working of Artificial Intelligence

According to popular belief, AI is frequently misplaced on an island with robots and self-
driving cars. This method, however, ignores one of the most important practical
applications of artificial intelligence: analysing the massive amounts of data generated
every day. By carefully applying AI to specific activities, insight gathering and job

4 The impact of Artificial Intelligence on Innovation - NBER. (n.d.). Retrieved February 8,

2023, from https://www.nber.org/system/files/working_papers/w24449/w24449.pdf

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automation can be accomplished at previously unimaginable speed and scale. AI systems
conduct sophisticated searches through mountains of data generated by humans,
deciphering both text and images to detect patterns in complex data and acting on their
findings. Thanks to cutting-edge technologies, computer systems can understand human
language, learn from experience, and make predictions. The following are a few AI
subfields.

A. Machine Learning | Experience-Based Learning

Machine learning, or ML, is an artificial intelligence (AI) application that enables

computers to automatically learn and grow from their experiences without being explicitly
programmed. The goal of machine learning is to develop algorithms capable of analysing
data and making predictions. Machine learning is being used in the healthcare,
pharmaceutical, and life sciences sectors to improve disease detection, medical image
interpretation, and medication acceleration, as well as predicting what Netflix movies you'd
like to watch.

B. Deep Learning | Machine Learning

Deep learning, a subset of machine learning, employs artificial neural networks that learn
by analysing data. Artificial neural networks are created to resemble organic neural
networks found in the brain. Several layers of artificial neural networks work together to
produce a single output from a large number of inputs, such as detecting a facial image
from a tile mosaic. Machines learn by receiving positive and negative reinforcement for the
tasks they perform, which requires ongoing processing and reinforcement for them to
progress.

C. Cognitive Computing | Drawing conclusions from context

Another critical component of AI is cognitive computing. Its goal is to replicate and

improve human-machine interaction. Cognitive computing attempts to replicate the human
thought process in a computer model, in this case by understanding human language and
image meaning. Cognitive computing and artificial intelligence work together to give
machines human-like behaviours and information processing abilities. Speech recognition
is another type of deep learning that allows phones' voice assistants to understand questions
like, "Hey Siri, how does artificial intelligence work?"

D. Computer Vision | Image Understanding

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 Deep learning and pattern recognition are used in computer vision to interpret image
material such as graphs, tables, and photographs within PDF documents, as well as other
text and video. Computer vision is an artificial intelligence branch that enables computers
to recognise, analyse, and interpret visual input. The applications of this technology have
already begun to transform fields such as research and development and healthcare.
Computer vision and machine learning are being used to analyse x-ray images of patients
in order to diagnose patients more quickly.

How Might Different Fields within Artificial Intelligence Impact Innovation?

Distinguishing between these three AI streams is an important first step in developing a

better understanding of how AI is likely to influence the innovation process in the future
because the three differ significantly in their potential to be either GPTs or IMIs—or both.

First, while much of the public discussion of AI focuses on the potential for AI to achieve
superhuman performance across a wide range of human cognitive capabilities, it is
important to note that, at least thus far, significant advances in AI have not taken the form
of "general problem solver" approaches that were at the heart of early work in symbolic
systems (and that were the motivation for considerations of human reasoning such as the
Turing test). Second, most economic and policy analysis of AI draws on the last two
decades of automation to consider the future economic impact of AI (e.g., in job creation),
displacement for an ever-increasing number of tasks), it is important to note that there is a
significant difference between the advances in robotics that were a primary focus of AI
research applications during the 2000s and the potential applications of deep learning that
have emerged in recent years. As previously stated, current advances in robotics are
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primarily associated with highly specialised applications that are focused on end-user
applications rather than the innovation process itself, and these advances do not appear to
have translated to a more broadly applicable IMI. In robotics, we might consider the impact
of innovation (improved performance) and diffusion (wider application) in terms of job
displacement versus job enhancement. We see little evidence of widespread robotics
applications outside of industrial automation, or of the magnitude of improvements in the

5 The impact of Artificial Intelligence on Innovation - NBER. (n.d.). Retrieved February 8,

2023, from https://www.nber.org/system/files/working_papers/w24449/w24449.pdf

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ability to sense, react to, and manipulate the physical environment that the use of robotics
outside of manufacturing is likely to necessitate. However, there are some exceptions:

Law and technology are very much inter connected AI is latest emerged sector and
developed widely in last two decades . As a result of which there was need a proper law
and rules and regulations to regulate this field . As a result Government Of India passed
Information Technology ACT 2000. It was passed on June 5 ,2000 .

This Act provide legal recognition for transactions carried out by means of electronic Data
and other means of electronic communication .

I.T ACT also prevents certain offences which can be commit by using electronic means It
is known as cyber crimes . Term Cyber crime is defined under sec 43 of IT ACT. Cyber
Crime means damaging computers of victims without taking the due permission of the
victim .

There are various kinds of cyber crimes under IT ACT

These include –

1 Cyber Bullying

2 Cyber Defamation

3 Cyber Theft

4 Cyber fraud

According to SEC 43-A If any company stores the information of its employees or any
another citizen but fail to keep the information safe and secure then company is liable to
pay the compensation to the victims .

According to SEC-44 If any person is asked to furnish any information or any other
information or maintain book of accounts but fail to do so then person is liable for penalty
In case of reports and documents the penalty ranges from 50,000 to 100,000 .

In case of book of accounts the penalty is RS 5000.

Apellent Tribunal

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According to SEC-48 Telecom disputes are settled by Telecom Regulation Authority of
India. [TRAI].

According to SEC-62 If any person is not satisfied with the order or decision of the Tribunal
may appeal to the High Court within 60 days of such order .

According to SEC-58 The tribunal is not bound to follow any provisions of CPC-1908 and
must give decisions on the principle of natural justice.

OFFENCES UNDER IT ACT AND THEIR PUNISHMENTS .

1 Tempering with documents stored in computer.

Given under Sec-65 IT ACT.

Imprisonment of 3 years or fine of 2 lakh rupees or both

2 Offence related to computer mentioned under SEC-43

Punished under sec- 66

Imprisonment of 3 years or fine up to 5 lakh or both.

3 Receiving a stolen computer source or device dishonestly

Under SEC-66 B

Imprisonment of 3 years or fine of RS 1 Lakh or both.

4 Identity Theft

Under SEC- 66C

Imprisonment up to 3 years or fine up to 1 lakh or both .

5 CHEATING By Personation

Sec- 66D

Imprisonment 3 years and fine of 1 lakh rupees or both .

6 Cyber Terrorism

Under SEC-66F

Life Imprisonment

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7 Transmission of Obscene Material in electronic Form

Under SEC- 67

Imprisonment of 5 years and a fine of RS 10 Lakh.

8.DEPECTING CHILDREN IN SEXUALLY EXPLICT FORM AND TRANSMITTING

SUCH MATERIAL THROUGH ELECTRONIC FORM.

SEC- 67B

Imprisonment 0f 7 years and a fine of RS 10 Lakh.

9 Failure to Preserve and retain the information by intermedries.

SEC-67C

Imprisonment for 3 years and fine 50,000 or b

AMENDMENT IN 2008

The amendment in 2008 brought changes to SEC-66 A of ACT.

This section is the most controversial section as provide punishment for sending any
message through electronic form .

This section was declared Unconstitutional in the famous case of SHREYA SINGHAL V
UNION OF INDIA.

Another amendment was done to SEC- 69 A which empowers government to block internet
for national security and integrity .

LANDMARK CASE LAWS .

1 SHREYA SINGHAL V UOI .

2 GUJRAT PETROSYNTHESE V UOI

3 KARAN KUMAR V STATE OF MP

UNDER CONSTITUTION RIGHT TO PRIVACY IS FUNDAMENTAL RIGHT

PUTTASWAMY V UOI

Apex court held that right to privacy in any form is a fundamental right and it is a part of
basic structure of constitution.

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 SHREYA SINGHAL V UOI .

In this case 2 girls were arrested for posting comments online on the issue of shutdown in
Mumbai after death of political leader of shiv shena. They were charged under sec – 66 A
for posting offensive comments in electronic form As a result of which SEC-66A were
challenged in Apex Court it infringes the Article 19 of constitution .

JUDGEMENT .

The court observed that the language of the section is ambiguous and vague which violate
freedom of speech and expression of citizens under Article 19 of constitution.It empowers
the Police officers to arrest any person whom they think that has posted anything offensive.
This Amount to abuse of power by Police and threat to peace and harmony .

GUJRAT PETROSYNTHESES V UOI

In this case petitioner demanded appointment of chairperson of CAT so that cases can be
disposed quickly and someone can keep eye on work of CAT.

JUDGEMENT

The court ordered the appointment of chairperson and must see the matter on urgent basis
under SEC-53 of Act .

CONCLUSION.

Law and technology are very important in todays time and there is urgent need to frame
and amend IT ACT 2008 and need to establish special for cyber crime other than Police.

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