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An Outlook On The Coincidence Of Black-Box Artificial Intelligence And International Human Rights Law


By Vrinda Pradeep, School of Law, Christ (Deemed to be University), Bangalore.

 


Abstract


Black-Box Artificial Intelligence is a specialized model of Artificial Intelligence system which conducts itself and functions on the basis of certain deep-set patterns in a given data set. The primary challenges associated with using a Black-Box model stem from its dependence on the program, which is driven by the complexity of the algorithm's design and its reliance on vector machines. This paper seeks to examine Artificial Intelligence of Black-Box model and its implications in society and law through an intense analysis of the international treaties and declarations of human rights such the Rome Statute, the Covenant on Civil and Political Rights and the Declaration of Human Rights. The approach adopted by the authors in this study is doctrinal in nature. This paper provides a critical analysis of numerous studies, articles, and findings related to Artificial Intelligence, with a focus on the Black-Box model. The authors conclude that the indiscriminate and inappropriate use of Black-Box models in AI technologies has significant consequences for human rights, as it infringes on the right to data privacy, and the potential for algorithmic bias may perpetuate systemic oppression. The authors, in this study, also find that existing tests to determine liability in cases of gross human right violations by use of Black-Box models is insufficient. Through this paper, the authors hope to contribute to the field of legal study on Artificial Intelligence by proposing the tests of Negligence, Strict Liability and Apparent Authority to establish liability in cases wherein Black-Box models of Artificial Intelligence are involved. There is need to initiate international agreements that underscore importance of test of Negligence, Strict Liability, and the test of Apparent Authority. This is especially suggested in consideration of the need of the hour in ensuring that no person may infringe another person’s right by use of the Black-Box model of Artificial Intelligence and use a loophole of law to escape punishment. The paper concludes the grave impacts that an unregulated model of Black-Box Artificial Intelligence system could have on human rights and the need to therefore bring into force laws to regulate the same and simultaneously to ensure strict adherence to law by such programs.


Keywords: Black-Box, Artificial Intelligence, Human Rights, Tests of Liability,

International Law.

 


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Journal Details
Abbreviation: NLR 

ISSN:   2582-8479 (O)

Year of Starting: 2020

Place: New Delhi, India

Accessibility: Open Access

Peer Reviewer: Double Blind

Licensing:

 

​All research articles published in NLR and are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution, and reproduction in any medium provided the original work is properly cited.

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Publisher: NLR Journal

Address: JP Nagar, Delhi-110053

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