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11 Int'l. In-House Counsel J. 1 (2017-2018)
Artificial Intelligence: A (Semi-Intelligent) Overview

handle is hein.journals/iihcj11 and id is 104 raw text is: International In-house Counsel Journal Vol. 11, No. 41, Autumn 2017, 1 Artificial Intelligence: A (semi-intelligent) Overview HERSH MALHOTRA Legal Counsel, eBay INTRODUCTION 'Artificial Intelligence' or 'AI'. A phrase/acronym that is often bandied around but do we truly understand it? Can we? What was once nothing but science fiction is already a reality in some respects and will be an inevitability in others. The question is no longer 'Will it be possible?' or even 'What will it be capable of?' but rather 'Will it have any limits?'. As with the introduction of any new technology, the law is often slow to catch up. Some of this can be ascribed to the pace of the legislature in countries across the world but it is also a commentary on the incredible speed of technological development. Ken Olson, head of Digital Equipment Corporation (since acquired by Compaq and subsequently Hewlett Packard), famously said in 1977 There is no reason anyone would want a computer in their home. Less than 15 years later, the internet transformed our lives like no technology before it. Can we now even imagine a world without computers and the internet? From underpinning infrastructure to near instant global communication to binge watching House of Cards, it affects every facet of our lives. With a subject this new and fast moving, the aim of this paper is not to present a definitive view of the legal issues facing the adoption of AI today or even what the legal position should be, but to inspire discussion. It presents my own views, which are not necessarily reflective of my employer. I will talk about what defines an AI as well as the current state of AI development and what we can expect. I will look into liability and competition law from a legal side and discuss briefly some general business and policy issues around the role of AI in society. I will then conclude with a rousing speech ensuing in godlike technological advancements and inspiring creation of the next generation of terminators *. *This part may not actually happen. One can only hope though, right? Except for the terminators part. Please don't create them. It won't end well for anyone. We've seen the movies. DEFINITION The first step in solving a problem is not admitting you have one, but figuring out what it actually is. How can we begin creating rules that govern AI without first making clear what AI actually is? What is that element that transforms a technology from being 'simply' a new technology into an intelligence? Definition - line in the sand Right from the outset, we must draw a distinction between robots and artificial intelligence. Whilst we are making strides towards building robots with AI, they are by no means the same thing. One doesn't need the other to exist. An algorithm could be an AI even without a physical presence to call home. Conversely, surgical robots that are dependent entirely on someone for control don't possess AI any more than a calculator ISSN 1754-0607 print/ISSN 1754-0607 online International In-house Counsel Journal

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