Promote the security development of artificial intelligence in the legal field
August 16, 2023 14:24 Source: "China Social Sciences", August 16, 2023, Issue 2714 Author: Weng Rong

  In recent years,Artificial Intelligence Technology has different scope in the legal fields of many countries、Different depth use and development,It has caused warm discussions in the legal community in various countries,Hot topics in the field of law and hot topics in legal journals。The application of artificial intelligence in the field of legal must be accepted by the standards and governance of the law itself。Around artificial intelligence,Especially general artificial intelligence represented by ChatGPT to the legal field and the law responding to these risks,and the law of the era of artificial intelligence、Legal occupation、Development of Law Education,The reporter interviewed Max Planck Institute of Innovation and Competition Senior Researcher Daria Kim (Daria Kim),American business magazine "Forbes" column writer、Artificial Intelligence Expert Lance Eliot,Jonathan H. Choi。

  The law has lag lag

Dalia Kim said in an interview,When it involves emerging technologies that may have changeable impact on many fields,Policies and legislative decisions have inevitable lag。GPT-4 appeared in just a few months after the release of ChatGPT 3.5,but,This kind of technology that is still in the early version and a large language model (LLMS) in the general sense may interact with society、Creative Writing、What effects of language diversity, etc.,People do n’t know enough。Some people think,To some extent,Breakthrough technologies make the existing regulatory framework out of date or no longer applicable。But this conclusion is based on the evaluation of "purpose applicability",The conclusion obtained by the existing regulatory and legal framework policy goals。In principle,Technical supervision is to maximize technical risks,At the same time, bring the biggest technical benefits to society。For this,Policy makers need to fully understand what these risks and benefits are。In the field of emerging technology,The results obtained by the applicability of new technologies and existing laws and regulations are or of。No technology is absolutely safe,Even if a large number of test test technology is performed,For example, the newly launched medicine。Therefore,In the final analysis, it still takes time to discuss tolerance,A certain balance between technical risks and technical benefits。

She said,To find such a balance,It takes a certain time and conducts a wide range of discussions。At the same time,Policy makers and legislators need to be in social interests and risks、Regulatory challenges brought about by the application of artificial intelligence、The policy goals of various countries and the appropriate policy and measures to reach a consensus。This is extremely challenging,The legislative process of the EU Artificial Intelligence Act is a good example,It indicates,How to implement the concept of security and trustworthy artificial bet365 Play online games intelligence、What should the safety supervision of the best level should be,and how to deal with the common technical characteristics of artificial intelligence to reach a consensus,It takes a long time。But at the same time,The development of the field of generating artificial intelligence is a leap forward,New technologies will not wait for society to reach consensus。

Dalia · Kim said,Not long ago,More than 1,000 relevant experts signed a joint letter to emphasize the potential danger of the artificial intelligence system,Including it to society、Economy、Popular impact and damage of politics,Call for the development of artificial intelligence immediately。Applications such as Large Language Models have a wide range of influence,Its use will affect all the areas of language involved in human life。In view of the wide existence of artificial intelligence applications,Try to prohibit the use of artificial intelligence may be in vain for the use of wind and wind。More likely is,All sectors of society, including policy makers and regulators, need to touch the river with stones,Use artificial intelligence to solve the problem while using artificial intelligence。

Regarding whether the legislators should formulate or modify the law to cope with new challenges,It also needs to be comprehensive and targeted in the legal field。Because machine learning applications like ChatGPT have the characteristics of "general technology",Unable to use the use behavior that may need to be supervised for exhaustion。Therefore,It is difficult to design the supervision framework for it。For example,Generating artificial intelligence has triggered a series of problems in the field of intellectual property law,Including accessability to the content of intellectual property protection for the purpose of training the artificial intelligence system,and the protection of machine learning models and artificial intelligence output content。​​In terms of artificial intelligence generating text,Its legitimacy may be constrained by other laws and regulations outside the copyright law,such as transparency、Equal information and defamation laws and regulations are constrained。No matter which field involved,All requires specific rules related to the transparency of artificial intelligence applications。These rules should help people understand what role will artificial intelligence play under certain circumstances,and the corresponding legal consequences。Generally speaking,In view of the dynamic characteristics of technology development in this field、Policy and Legislative Development,and a wider social understanding of artificial intelligence,will be a continuous process。

  Artificial intelligence enters the field of intellectual property

Da Lia · Kim Sentence,Before the Legislator Reform Patent Law,It is necessary to identify the assumptions that the computing system has "independent" agency capabilities。First,This assumption tends to treat the artificial intelligence system as the ability to have "independence",and describe artificial intelligence in a "anthropomorphic" manner。especially,I believe that the artificial intelligence system has made decisions、Determine the means to achieve the goal,and the ability to complete the task and goals independently。This approach may be confusing,bet365 best casino games Especially for those who have limited understanding of artificial intelligence。If we assume that the artificial intelligence system can "autonomously",It means that these systems based on artificial intelligence have "reasoning", "decision -making" and "behavior" capabilities,and humans have limited control of this "decision -making" process or no control。These assumptions bring challenges to various legal and regulatory frameworks,Including infringement liability、Consumer Protection、Transparency supervision and other fields。In the field of patent law,Suppose artificial intelligence "autonomy" brings many problems。People may think that the invention behavior is simply transferred to an artificial intelligence system,It is an artificial intelligence system in invention。Therefore,Under the invention of "artificial intelligence -driven",Patent rights belong to human users may no longer be proven。Patent rights belong to human users may no longer be proven。Current,The mainstream position of the court is,Only humans can be designated as inventor。But,We still need to clarify whether the artificial intelligence system can be "autonomous" invented。

She explained further,In the daily discourse and technical literature on artificial intelligence,"Autonomy" and "Automation" are often mixed。But,There are significant differences in concept and technology。Although there is no definition of people widely accepted by "autonomy",But this word is usually associated with self -management and self -decision,It also involves the ability to exercise free will (manifested as to make decisions and make a certain behavior)。The artificial intelligence system cannot be autonomous,It cannot "determine" the setting of human beings,Can't create information that did not exist in data or cannot be derived from the data。"Automation" means that you can complete the task without human intervention directly during the execution。But,Before realizing automation,It also needs humans to configure and set the calculation process。

The artificial intelligence system can perform automated calculation,That is, no humans participate directly during the implementation of the algorithm,Artificial intelligence can automatically perform data and information processing。Although randomized has been widely used in machine learning technology,But still has certainty,That is, when the input content is the same and the same conditions,The machine learning system will output the same content。The complexity and randomization of the system or the computing model may lead to changes in content output and unexpected effects。other,Interaction with the real world through the sensor perception may cause the designer or user of the artificial intelligence system to lose control of the artificial intelligence system,But the lack of control should be attributed to the unpredictability of the environment,instead of the "independent decision -making" ability of the computer。

Dalia · Kim said,Critics who advocate the reform of the patent law are often based on the assumptions of the "independent" agent in the artificial intelligence system。But she believes that artificial intelligence technology is more like a tool for calculating bet365 best casino games tools and problems to solve problems,Although the patent system may need to be reformed,But if you want to know how to change,We have to learn more about the impact of artificial intelligence technology on the innovation process,and the goals and functions of the patent law。This,We can better determine the best solution to promote innovation。

  Clarifying what is the invention of "artificial intelligence -drive"

Da Lia · Kim proposed,The issue of belonging about the right to inventive,What is the invention of "artificial intelligence -driven" first。Although artificial intelligence applications are strong,But it is currently a tool that can be used for invention and creation。Under the context of the European Patent Law,A invention that can be understood as a technical solution to solve technical problems。The basis for machine learning is mathematics optimization,This may explain why it can be widely used to solve technology and engineering problems,For example, applying machine learning in drug development to identify and optimize the structural activity relationship of molecules。As long as artificial intelligence is used as a tool,Related rules for invention rights and creativity (that is, non -obvious) related rules。In most legal systems,The ownership of the invention has clearly required or implicitly preserved a creative or intelligent concept behind the invention or its contribution。To meet this requirements,During the invention conception stage,The way of creators should not just propose abstract ideas,Let the other end simply execute the idea proposed by others。The creative process should be carried out at the level of intelligence and creativity,instead of in finance、Material or just carried out at the execution level。

She said,The conceptualization of invention involves abstract thinking。Although the machine learning system or calculation model can imitate human cognitive process,But their performance still depends on the thinking and decision -making behavior of humans when designing and applying these modeling technologies。Application computing models to solve technical and engineering problems requires humans to set the calculation process。For this,People must be able to grasp the problem accurately,and understand the relevant work ideas、Under the mathematical structure、Potential limitations and traps, etc.。Therefore,She does not think that technology has reached enough human beings to simply "outsourcing" the extent of invention tasks。In the case where artificial intelligence is used for invention and creation,A way that may be more suitable is to "how to use artificial intelligence technology to solve the technical problems of hand at hand" as a major indicator of "intelligent participation" in the invention conception。Who will be the specific decision maker depends on the case。

Dalia Kim supplied,No doubt,Some technology inventions are easier to achieve than other inventions,And the inventor may use different tools to solve problems or conduct research,Such as genomics or mathematics optimization technology。In this case,Requirements for invention,That is, the invented non -obstacles become very critical。In principle,Only those who are more technical than those of "average" level professionals Bet365 lotto review than related fields can be regarded as "non -obvious and easy to see",So as to obtain patent rights。Some commentators think,The role played by humans in this invention is too insignificant。Some people think,Evaluation and invention now need to refer to the "average" level of artificial intelligence system instead of skilled technicians。But she thinks,At present, the role of artificial intelligence algorithms and systems is still a tool,Therefore,The concept of skilled technicians can still be used as a related indicator of "significantness" in invention。She does not think that the artificial intelligence system can make any problem solutions obvious,Because artificial intelligence is used to solve complex problems, designers and users who need artificial intelligence systems to make complex decisions。Under the condition of using artificial intelligence -driven innovation,Although the actual rules of the inventor and the invented non -obstacles are still effective,But its actual application may face challenges,Therefore, it is necessary to perform more detailed analysis。

  Strive to adopt a balanced and appropriate regulatory method

Eliot said in an interview with reporters,We must pay attention to the emergence of generated artificial intelligence and the confidential risk and privacy issues caused by the use。The more popular the application artificial intelligence application,The risk of private data and confidential electronic materials, the greater the risk of violations of infringement。The following two types of infringing privacy。The first is,Digital training content of the generated artificial intelligence program comes from digital content published on the Internet,Website and other online release content will be secretly browsed and captured。In this process,The owner of the website does not know the browsing behavior of artificial intelligence,No one obtains their clear license in advance。Subsequent,Generating artificial intelligence program will use the browsing content to generate complex mode matching coding structure。Private or confidential data collected by artificial intelligence may exist in these structures permanently,Under the request of the generated artificial intelligence user, being retrieved and used。The second is,When using a generated artificial intelligence application,Users may enter private or confidential data。People usually think that except the user himself,No one else can access the data they entered。Actually,Most of the generated artificial intelligence programs do not provide such a guarantee。On the contrary,Companies producing or deploying artificial intelligence companies retain the right to use the user input content。Users should carefully examine the license conditions related to the production artificial intelligence application they want to use。Therefore,Only when the protection measures declared by the system or the lack of protection measures,Users should consider using the generated artificial intelligence program。

Aiht thinks,Lawyers have a dual responsibility when using generated artificial intelligence including ChatGPT。On the one hand,Lawyers should provide suggestions to customers on how to correctly use the generated artificial intelligence application,For example,How to perform data confidentiality and privacy protection。On the other hand,Lawyers must abide by their suggestions,bet365 Play online games It is also necessary to pay attention to any privacy or confidential information related to customers when using applications such as ChatGPT。To fulfill these responsibilities,Lawyers must quickly understand the generated artificial intelligence。If a lawyer does not understand the operation of the generation artificial intelligence,He may be considered to be considered not enough in legal investigation,And the customers he serve will not be able to obtain sufficient legal guarantee。The worse thing is,Lawyers may accidentally expose customers' private data or confidential data when using generated artificial intelligence because they do not know what they are doing.。

In addition,He observed,Genesis artificial intelligence is also accompanied by other legal issues and challenges。For example,Chatgpt and other artificial intelligence applications may output improper remarks,Including various prejudices and even hatred remarks。If a company chooses to use generated artificial intelligence to serve consumers,Then the content it output may contain some legal damage expressions。The offended consumers may reverse the company,Even a lawsuit against the company。In order to curb the negative effects of the generated artificial intelligence,Legislators of various countries are trying to master the most appropriate control and control。Laws with strong constraints may limit the development of artificial intelligence,Weaken the expected benefit brought by artificial intelligence,and adopt a relatively loose supervision method or simply not set up related laws, may indulge or even encourage artificial intelligence to disrupt society。Legislators in each country need to think about what balance they want to achieve。

  Legal occupation and legal education should be adjusted in time

Aiht thinks,Artificial intelligence will penetrate into all aspects of legal practice。People are already using artificial intelligence screening and analyzing case materials。Artificial intelligence is usually an important part of the contract life cycle management (CLM) software package used by law firms,Can be used for drafting、Examine the contract and other legal affairs related to the contract。Students from law schools need to learn about various artificial intelligence applications,and when the first legal industry was involved in the legal industry, the latest artificial intelligence applications began to use。Law School should ensure that students have enough experience in using artificial intelligence when they enter the workplace after graduation,So as not to be at a disadvantage in the workplace。Law School will realize that it is necessary to include artificial intelligence into the legal course,At the same time,Future students will also tend to choose to set up related courses when choosing a school。

Cai Xiaofeng told reporters,Although there are one day of the artificial intelligence model that may eventually replace legal practitioners,But there is still a long time from the arrival of this day。This is because artificial intelligence is not reliable so far,The problems involved in legal practice are often related to people’s vital interests,Therefore, it is more important。The most likely to happen in the short term is human and artificial intelligence cooperation。

From Cai Xiaofeng's view,The machine will gradually cover the basic legal work,But the lawyer should Bet365 lotto review not want to compete with the machine,Instead,For example, the ability to improve judgment and discover legal issues,These two skills are artificial intelligence that has not yet mastered。Chat robots have brought many legal issues。For example,From the perspective of intellectual property rights,Use copyright -protected materials to train robots to infringe on copyrights? Is there any risk for artificial intelligence legal assistants to engage in legal practice without authorization?,Who should bear legal responsibility? These questions have no exact answer。ChatGPT is a multi -purpose tool,At present, there is no optimization adjustment for the legal field,But many companies have begun to start this job。Maybe within a few years or even a few months,We can see a new tool for legal practice。Some companies are still trying to embed the artificial intelligence model into the existing tools。

Cai Xiaofeng thinks,With the arrival of ChatGPT,Students from law school should have a sense of crisis,Because artificial intelligence can significantly improve the work efficiency of lawyers,And this also means that practitioners who do not adjust the adaptation in time will be thrown behind their peers。But we should also look at scientific and technological progress,Because artificial intelligence models can take over the most interesting job of lawyers,For example, check file、Copy draft, etc.,This enables legal practitioners、In the work with a higher sense of value。

Editor in charge: Cui Bohan
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