UPSC EDITORIAL ANALYSIS – Digital jurisprudence in India, in an AI era
Kartavya Desk Staff
Source: The Hindu
• Prelims: Science and technology, Artificial intelligence(AI), Generative AI, Big Data, GANs, phishing, cybersecurity, ChatGPT1 tool etc
• Mains GS Paper III and IV: Significance of technology for India, AI, indigenisation of technology and development of new technology.
ARTICLE HIGHLIGHTS
• The landmark Shreya Singhal judgment upholded Section 79 of the IT Act. It grants intermediaries ‘safe harbor’ protection against hosting content, contingent upon meeting the due diligence requirements outlined in Section 3(1)(b) of the Information Technology (Intermediaries Guidelines) Rules.
• It grants intermediaries ‘safe harbor’ protection against hosting content, contingent upon meeting the due diligence requirements outlined in Section 3(1)(b) of the Information Technology (Intermediaries Guidelines) Rules.
INSIGHTS ON THE ISSUE
Context
Artificial intelligence(AI):
• It is a branch of computer science dealing with the simulation of intelligent behavior in computers.
• It describes the action of machines accomplishing tasks that have historically required human intelligence.
• It includes technologies like machine learning, pattern recognition, big data, neural networks, self algorithms etc.
• g: *Facebook’s facial recognition software which identifies faces in the photos we post, the voice recognition software that translates commands we give to Alexa*, etc are some of the examples of AI already around us.
Generative AI:
• Generative AI industry projected to increase global GDP by as much as $7 to $10 trillion, the development of generative AI solutions
• It is a cutting-edge technological advancement that utilizes machine learning and artificial intelligence to create new forms of media, such as text, audio, video, and animation.
• With the advent of advanced machine learning capabilities: It is possible to generate new and creative short and long-form content, synthetic media, and even deep fakes with simple text, also known as prompts.
AI innovations:
• GANs (Generative Adversarial Networks)
• LLMs (Large Language Models)
• GPT (Generative Pre-trained Transformers)
• Image Generation to experiment
• Create commercial offerings like DALL-E for image generation
• ChatGPT for text generation. It can write blogs, computer code, and marketing copies and even generate results for search queries.
• It can write blogs, computer code, and marketing copies and even generate results for search queries.
Previous Judgments and AI:
• Christian Louboutin Sas vs Nakul Bajaj and Ors (2018): Delhi High Court held that safe harbor protection applies solely to “passive” intermediaries referring to entities functioning as mere conduits or passive transmitters of information.
• referring to entities functioning as mere conduits or passive transmitters of information.
• S. Puttaswamy judgment (2017): established a foundation for privacy jurisprudence in the country, leading to the enactment of the Digital Personal Data Protection Act, 2023 (DPDP). The DPDP Act introduces the “right to erasure“ as well as “right to be forgotten”. Once a GAI model is trained on a dataset, it cannot truly “unlearn” the information it has already absorbed.
• The DPDP Act introduces the “right to erasure“ as well as “right to be forgotten”.
• Once a GAI model is trained on a dataset, it cannot truly “unlearn” the information it has already absorbed.
Challenges for judiciary:
• In Large Language Models (LLMs), making a distinction between user-generated and platform-generated content is challenging.
• Liability in the case of AI chatbots arises once the information is reposted on other platforms by the user
• Mere response to a user prompt is not considered dissemination.
• The ambiguity in classifying GAI tools, whether as intermediaries, conduits, or active creators, will complicate the ability of courts to assign liability, particularly in user reposts.
• Classifying GAI tools, whether as intermediaries, conduits, or active creators, will complicate the courts’ ability to assign liability.
• ChatGPT’s ‘Terms of Use’ attempt to shift liability to the user for any illegal output. But the enforceability of such terms in India is uncertain.
• But the enforceability of such terms in India is uncertain.
#### AI and copyright in India:
#### ● Section 16 of Indian Copyright Act 1957 specifically provides that “no person” shall be entitled to protection of copyright except by the provisions of the Act.
#### ● As in India, reluctance persists regarding the provisions of copyright protection to works generated by AI globally.
• The 161st Parliamentary Standing Committee Report found that the Copyright Act of 1957 is “not well equipped to facilitate authorship and ownership by Artificial Intelligence”.
• Under current Indian law: A copyright owner can take legal action against anyone who infringes on his/her work with remedies such as injunctions and damages. Copyright infringement by AI tools is unclear.
• Copyright infringement by AI tools is unclear.
Ethical Issues with AI:
Way Forward
• Consider granting GAI platforms temporary immunity from liability following a sandbox approach. It will allow responsible development while gathering data to identify legal issues that could inform future laws and regulations.
• It will allow responsible development while gathering data to identify legal issues that could inform future laws and regulations.
• The process of data acquisition for GAI training requires an overhaul. Developers must prioritize legal compliance by ensuring proper licensing and compensation for the intellectual property used in training models. Include revenue-sharing or licensing agreements with data owners.
• Developers must prioritize legal compliance by ensuring proper licensing and compensation for the intellectual property used in training models.
• Include revenue-sharing or licensing agreements with data owners.
• Licensing data for GAI is complex as web-data lacks a centralized licensing body similar to copyright societies in the music industry. Creation of centralized platforms, akin to stock photo websites such as Getty Images, which simplify licensing streamline access to necessary data for developers ensure data integrity against historical bias and discrimination.
• Creation of centralized platforms, akin to stock photo websites such as Getty Images,
• which simplify licensing
• streamline access to necessary data for developers
• ensure data integrity against historical bias and discrimination.
• A holistic, government-wide approach and judicious interpretations by the constitutional courts are essential to maximize the benefits of this powerful technology, but safeguarding individual rights and protecting them against unwelcome harm all the while.
• but safeguarding individual rights and protecting them against unwelcome harm all the while.
• It becomes imperative now to develop solutions through collaborative avenues to safeguard confidential information, identities, and even human rights.
QUESTION FOR PRACTICE
• What are the different elements of cyber security ? Keeping in view the challenges in cyber security, examine the extent to which India has successfully developed a comprehensive National Cyber Security Strategy.(UPSC 2022)
(200 WORDS, 10 MARKS)
Editorial Analysis – 3 July 2024 [PDF]