International legal protection for artificial intelligence and big data
The rise of big data and artificial intelligence (AI) has ushered in a new era of technological progress. However, with these advances come new legal challenges that require global collaboration and legal protection. Even though we as systems engineers often focus on technical issues, dealing with intellectual property has always been important and is now more important than ever.
You would think that in the 21st century, the issue of protecting computer programs, big data and artificial intelligence should have been clarified long ago. However, the current document governing this area of law dates back to the 19th century, and the World Organization for intellectual property (WIPO) is still extremely cautious about the problems that exist here.
The importance of intellectual property
The Intellectual property is an important point when it comes to legal protection for artificial intelligence and big data. Companies operating in these areas can hardly achieve success without making considerable investments - from research to the development of advanced technologies. This intellectual property should of course be well protected, as this is the only way to ensure fair competition.
In addition to a corresponding legal basis, it makes sense for companies to securely store the information obtained, i.e. the intellectual property. This can be done, for example, by converting it into a PDF file and then archiving it. This format has the advantage that content can still be read in the long term (at least if the Archiving format PDF/A is used). If the author wishes to make changes later, the PDF in Word or otherwise converted for further processing.
From the history of information and communication systems
The first publications on the problems of using AI in the legal system and in law enforcement were published in the 1980s. However, information technologies were used for the first time in 2000 in the Okinawa charter of the global information society as a fully-fledged object of intellectual property protection.
Okinawa also determined that the protection of intellectual property rights in information technology is essential for the promotion of innovation in the IT sector, the promotion of competition and the widespread introduction of new technologies.
Modern research raises questions of legal personality and responsibility for communication and information systems. However, there are very few such studies - fewer than there should be.
Models for the protection of information and communication systems at national level
What kind of protection for AI and big data is most appropriate (i.e. in line with scientific and technological progress)? To understand this question, one must look for similar objects. For example, computer programs are a similar object to artificial intelligence and databases are similar objects to big data.
In the 1960s, the legal protection of software was implemented on a national level. Patent protection began in the United States at this time, but the Patent Office initially refused to patent software, as they are spiritual objects - were regarded as ideas.
However, this approach did not last long. Since the 1970s, the attitude towards the legal protection of software has changed on a universal level, when in 1978 the advisory group of government experts of the International Bureau of WIPO developed the model provisions for the protection of software.
The current state of international legal protection
There is currently no specific international legal framework regulating AI and big data. However, there are several international treaties and agreements that offer a certain level of protection. For example, the World Intellectual Property Organization (WIPO) provides protection for intellectual property rights related to artificial intelligence and big data. In addition, the General Data Protection Regulation (GDPR) in the European Union provides a framework for the protection of personal data.
Some countries have also taken steps to create their own legal frameworks for AI and big data. The United States, for example, has adopted the National Artificial Intelligence Initiative Office to coordinate government investment in AI research and development.
China has also drawn up a national plan for AI development, which also provides for the legal protection of intellectual property rights in connection with AI.
Future challenges
Despite these efforts, there are still some challenges that need to be overcome. One of the biggest challenges is the lack of a uniform international legal framework.
This makes it difficult for companies and organizations to navigate the legal landscape when operating in different jurisdictions. There are also concerns about the ethical implications of AI and big data, such as bias and discrimination.
Another challenge is the rapid technological progress in AI and big data. This makes it difficult for the legal framework to keep pace with the latest developments. As a result, there is a risk that legal protection will become outdated or inadequate.
The path to the future
In order to overcome these challenges, greater international cooperation and collaboration is required. This could include the creation of a uniform global legal framework for AI and big data as well as the development of ethical guidelines and standards.
Otherwise, a constant dialogue between policy makers, industry leaders and civil society organizations is needed to ensure that legal protection keeps pace with technological progress.
For us systems engineers, it is important that we take this fast-moving field into account and develop systems that can adapt to the changing legal situation. In other words, our system architecture should be prepared for such changes from the outset.
Photo by Sebastian Pichler on Unsplash
