Not a day goes by without us seeing new news about artificial intelligence (AI). Although this technology seems to revolutionize many areas, will the same revolution occur equally quickly for the legal community? To answer this question, will we act with a wait-and-see logic, or will we, as actors of the legal sector, proceed with the benefits of discussing all the dynamics in a common area? During the integration of AI technology and law, it seems like an inevitable responsibility for us to discuss ethical and legal questions and have a say with our predictions.
Despite the many benefits of AI technology, what place it will find in the judicial mechanism and whether it will be positioned as an auxiliary element or a primary actor are among the main evaluation issues that require the participation of all stakeholders. On the one hand, the unknown and frightening face of this technology causes most people to stay distant. We hope that the question of whether human beings can control the incredible nature of this technology through regulations or legal action will not be answered by irreversible experiences.
Since the indispensable qualities of the judicial mechanism have reached their universally accepted values at the stage that human history has reached with its experiences, how will we make sure that these values are provided by algorithms, codes and machines? Who will supervise this and how? Will engineers need to have legal knowledge and lawyers need to have engineering knowledge? How will people who specialize in engineering and technical issues and who establish new technologies ensure the basic elements such as independence, impartiality and auditability that should be present in the judicial mechanism in artificial intelligence technology? In these days when the future is taking shape, ethical discussions like these are among the main issues we need to focus on.
To put it concretely, if the data the AI algorithm has is faulty, the algorithm will produce biased, problematic, and perhaps unfair results. As in this simplest example, watching the AI technology habitat shape and grow on its own and not discussing the legal foundations may cause the biggest problems in the future. As this technology develops, it is imperative that lawyers also have a say.
Instead of rejecting and ignoring this inevitable technology, constantly bringing up the fundamental values that we need to discuss will make a great contribution to the legal technology industry.
The European Parliament also agreed on the outlines of the draft Artificial Intelligence Law on 27.04.2023, which has been on its agenda for several years, and took the basic steps for its enactment. The Parliament made some changes in the Artificial Intelligence Bill submitted by the Commission. According to the draft, it should be mandatory for Artificial Intelligence systems to be supervised by humans, non-discriminatory, safe, transparent, traceable and environmentally friendly. If this draft, which will go to the General Assembly vote in June, becomes law, it will be the world's first law on artificial intelligence (AI).
One of the important topics in this text will be the right to complain about AI systems. These rules, which adopt a risk-based approach, will ban artificial intelligence applications that subconsciously or deliberately apply manipulative techniques, exploit people's vulnerabilities, or are used to socially score people according to their social behavior, socio-economic status, and personal characteristics. Additionally, AI systems used to influence voters in political campaigns and social media platforms have been added to the high risk list.
Looking at the draft text, it is easily understood that the European Parliament is trying to ensure fundamental human rights, health and safety, democracy and the rule of law in the operation of AI technology, which will seriously affect societies and socio-economic systems. However, the question of whether the institutions that act with the aim of making self-learning artificial intelligence technology human-centered, reliable and safe will listen to their rules seems to remain a mystery.
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