An Ocean
As the chapters of this e-book show, the development and use of artificial intelligence have already raised various legal questions and challenges, and we are far from having a complete understanding of all the impacts this disruptive technology will have in the short, medium, and long term. When it comes to artificial intelligence, Isaac Newton's famous quote fits perfectly: "What we know is a drop, what we don't know is an ocean."
Yet even a drop is enough for us to ask how turbulent this ocean will be, how deep its waters are, and where the strong tides of change will lead us. If we have to swim, then anticipating the threats under the waves is a good way to avoid be engulfed by high seas or swept away by rip currents. Human intelligence, not artificial intelligence, is needed here.
Some of the dangers that lie ahead are already apparent. Deepfakes, for example, while they can be used for beneficial purposes (a class on the theory of relativity taught by Einstein himself can be a much more engaging experience for the student), have repeatedly been used for wrongful purposes, whether to commit fraud or to defame, harass or humiliate other people. It's not by chance that many countries are considering specific legislation on this use of AI technology, potentially creating new criminal offenses or requirements to label AI-generated or manipulated content.
Regulations on the use and development of artificial intelligence systems as a whole, however, is still just a drop in the ocean. Various countries, including Brazil, are currently in a regulatory race, aiming to enact the world's first comprehensive legislation to govern AI technologies, some with quite different approaches. Nonetheless, it seems unlikely that legislation of this importance will be approved by the end of 2023, unless the legislative process is rushed.
In innovative fields, which change by rapid leaps and bounds, rushing legislation just to come in ahead of other nations seems to be a misguided response, with extremely detrimental consequences for the evolution of technology itself. There is no doubt that regulating artificial intelligence is necessary, but holding back the development of technology can be a torturous path, leaving the country stuck in the past and falling behind technological progress elsewhere in the world.
Even in the absence of specific legislation on artificial intelligence, legal controversies continue to spring up, especially with respect to the application of existing legislation. As you have read in this e-book, there are already significant dilemmas in various areas of law regarding the use and development of artificial intelligence, such as who owns intellectual property created by generative AI, or the limits of civil liability in accidents caused by autonomous vehicles.
While what we know about how far artificial intelligence will evolve is just a drop, it is clear that there is an ocean of opportunities in the use and implementation of AI technologies in business processes across all sectors of the economy. In the healthcare sector, for example, artificial intelligence systems are already capable of analyzing thousands of test results and detecting diseases with a high level of accuracy, at a speed that would be impossible for a human to achieve.
When the ocean is technological, standing on the beach and waiting for the next wave to arrive is not an option. Navigating a sea of uncertainties requires excellent skills in anticipating future problems, and in this, the BMA team is unmatched.
Whether it's the metaverse, DAOs, or artificial intelligence, our team is ready to help with the legal dilemmas your organization may face: both the problems you already know about, and those that will emerge from the still unexplored ocean. This is our DNA: thinking outside the box, delving into the legal impacts of evolving technologies, and providing truly differentiated service.
ChatGPT might be able to give you answers to general queries, but for innovative legal solutions, there's only one answer: Talk to BMA.
