Artificial Intelligence, or AI, is the machine simulation of human intelligence. AI allows for a machine to perform processes formerly confined to humans. Unlike humans however, these machines are not influenced by external factors such as personal beliefs or fatigue, meaning errors are far less likely when it comes to making decisions solely rooted in fact. These processes, including reasoning, learning and self-correction, allow for this technology to massively increase the accuracy and speed of data analysis, greatly boosting productivity. Although the idea of Artificial Intelligence has been around for the last half century, the recent evolution of technology has made it possible for AI to move from a concept to an incredibly powerful and viable business solution. Over the last five years alone, worldwide research in AI has grown 13%. This coupled with the International Data Corporation’s (IDC) forecast that spending on cognitive AI systems will triple from $24 billion in 2018 to $77.6 billion in 2022, points to Artificial Intelligence becoming an even more integral part of businesses in the very near future.
With AI set to explode in popularity, concerns arise regarding the utilization of this powerful technology. Core issues surrounding Artificial intelligence are centered around the potential for privacy intrusions, especially concerning mass surveillance and the encroachment of democratic freedoms that accompany it. Over the last few years, public awareness on data privacy has skyrocketed, with a variety of legislation being passed governing companies’ relationship with personal data. The (2018) is an example of how individuals were given rights regarding their own data, including requiring companies to release how much data they have collected and giving the individuals a choice to block companies from selling it. The boom of AI in the business industry has caused an echo of similar concerns. The US population surveyed was shown to be overwhelmingly in support of regulation of AI on the national (71%) and international (67%) levels. The public is hoping that government legislation can help provide a balance between the benefits of AI in surveillance and policing (including solving and preventing crime) and unwarranted privacy intrusions.
In response to this rapidly growing technology, the US government and President Trump issued an Executive Order launching the on February 11th, 2019. This initiative was rooted in five major principles, including the driving of technological breakthroughs, development of technical standards, training workers in relevant skills and applications of AI, protecting American values and security, as well as protecting the US’ technological advantages in AI. The National Science and Technology Council (NSTC) were deemed responsible for adhering to six core strategic objectives in their future guidance and pursuit of AI technology. These objectives include promoting sustained investment in research and development, reducing barriers to the use of AI, minimizing vulnerability to attacks, training American AI researchers, implementing plans to protect US economic and national security, and enhancing access to Federal data. This initiative also named Leadership in AI as the second highestR&D priority (behind the security of the American people) for the 2020 fiscal year. The American AI initiative allows for the public to gain insight on the government’s viewpoint of Artificial Intelligence, and how it plans on tackling the ethical and financial challenges that come with such a powerful technology.
Another cause for concern regarding AI is the legalaspect of their growing popularity. When machines exhibit human-like qualities and abilities, how will the law classify and govern them? Currently there are limited laws governing AI. Even when legislation exists however, it mainly centers around autonomous vehicles and varies on a state by state basis. This dilemma has not currently been rectified, however legal predictions assume that AI will operate under traditional tort law. In this framework, when someone is injured by a product such as a robot, liability is determined under product liability law. These cases would likely see the courts involve traditional product liability and negligence with basic AI technology. However, as AI evolves and moves from semi-autonomous to a more fully autonomous state, it may force the courts to assign duty onto the AI themselves. This caveat is one that government and legal entities will be forced to explore in greater detail as this technology continues to become more advanced and widespread.
On May 21st, 2019, US Senators Rob Portman (R-OH) Martin Heinrich (D-NM) and Brian Schatz (D-HI) proposed the . This legislation would provide $2.2 billion in funding over the next five years to aid the US in the creation of a national AI strategy. The proposed legislation hopes to allow the US to compete with nations such as China in AI investments. Although the senators concede that the US will not be able to monetarily match China’s investments, they can close the gap with innovation, while still maintaining ethical conduct. Many politicians have also realized that due to the growing concerns surrounding AI, adopting a plan to regulate this technology is attractive to potential voters. This led to some Democratic senators introducing the which would work with the Federal Trade Commission to assess bias and privacy in algorithms utilized by Artificial Intelligence technology. Candidates for the 2020 election have found that unlike in years past, having a stance on the impact of Artificial Intelligence is one that is essential to a campaign. Though the proposals are still in their infancies, their mere existence is a testament to the immense presence AI has, and will continue to have in the future.
The use of Artificial Intelligence in mainstream society will continue to grow at a rapid rate. Though the laws surrounding AI currently are murky at best, the steps taken by government officials and legal entities to begin examining both the positive impact and pitfalls of this incredibly powerful technology are promising. AI should and will continue to be an important area of research and development both in and outside of the business and legal world, especially regarding ethical and legal guidelines so that society can benefit from such a dynamic technology.