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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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