امکان سنجی تزاحم و تعارض هوش مصنوعی با حقوق بشر و شهروندی: چالش ها و راهکارها (مقاله علمی وزارت علوم)
درجه علمی: نشریه علمی (وزارت علوم)
آرشیو
چکیده
هوش مصنوعی پدیده ای نوظهور در عرصه فنّاوری است که طبق پیش بینی های دانشمندان، در آینده نزدیک، بسیاری از امورات را متحول خواهد کرد و تحولات مهمی را در مسیر حیات بشریت رقم خواهد زد. با پیشرفت مداوم فنّاوری، تأثیرات و نقش های آن در زندگی روزمره و اجتماعی، سؤالاتی مطرح می شود. این پژوهش با استفاده از روش توصیفی تحلیلی و جمع آوری اطلاعات و منابع مورد نیاز، به روش کتابخانه ای در پی پاسخ به این پرسش اساسی است که هوش مصنوعی درصورت داشتن شخصیت حقوقی، نسبت به حقوق بشر و شهروندی با چه تعارض هایی مواجه است؟ برآیند پژوهش حاکی از آن است که طبق نظر محققان و دکترین در این حوزه، وجود شخصیت حقوقی برای هوش مصنوعی ضروری است. آنان معتقدند با اعطای شخصیت، آن ها می توانند طرف قرارداد قرار گیرند، مالک اموال شوند و عهده دار مسئولیت شوند. همچنین برخی معتقدند که هوش مصنوعی نباید دارای شخصیت حقوقی شوند؛ زیرا اعطای شخصیت حقوقی به آن ها، باعث ابهام در مرز میان انسان و غیر آن می شود و حقوق بشر و حقوق شهروندی را با تزاحم و تعارض هایی روبه رو می کند؛ ازاین رو باید در کنترل انسان ها قرار گیرند. همچنین در این پژوهش، در راستای شخصیت حقوقی برای هوش مصنوعی مدل هایی پیش بینی شده است و چالش ها و تعارض های هوش مصنوعی در ارتباط با حقوق بشر و شهروندی مثل عملکرد خودکار سلاح های نظامی، نقض حریم خصوصی، ازدست رفتن فرصت های شغلی، مداخلات اجتماعی و اخبار جعلی و غیره و راهکارهای رفع آن ها برشمرده شده است.Assessment of The Potential Interference and Conflict of Artificial Intelligence With Human Rights and Citizenship: Challenges and Solutions
Artificial intelligence is a emerging phenomenon in the field of technology that, according to scientists' predictions, will significantly transform many aspects of life in the near future and bring about important changes in the course of human existence. With the continuous advancement of technology, questions arise regarding its impacts and roles in everyday life and society. This research aims to answer the fundamental question of the conflicts that artificial intelligence faces with human rights and citizenship if it possesses legal personality, using a descriptive-analytical method and collecting the necessary information and resources through a library-based approach. The findings of the research indicate that, according to researchers and scholars in this field, granting legal personality to artificial intelligence is necessary. They believe that by granting personality, AI entities can become parties to contracts, own property, and bear responsibilities. However, some argue that artificial intelligence should not be granted legal personality, as it would create ambiguity in the boundary between humans and non-humans and it undermines human rights and citizenship with its interferences and conflicts. Therefore, they suggest that AI should remain under human control. Furthermore, this research has proposed models for the legal personality of artificial intelligence, and it has identified the challenges and conflicts that AI faces in relation to human rights and citizenship, such as Automatic performance of military weapons, privacy violations, job displacement, social manipulation, fake news, and more. Solutions to address these challenges have also been outlined. Keywords: Artificial Intelligence, Legal Personality, Modern Technology Law, Human Rights and citizenship 1. Introduction The issue of the legal status of artificial intelligence has gained attention in today's society. In recent years, AI has made significant advancements as machines that imitate human thinking and perform tasks automatically. Consequently, the legal implications of AI are increasingly unknown. The legal status of AI encompasses rights, responsibilities, and accountability. To ensure the responsible and ethical use of AI, its legal status must first be clarified and addressed. Due to the diverse and constantly changing nature of artificial intelligence technologies, defining and classifying AI systems is challenging. The terms and criteria related to AI have not yet been clearly defined. Therefore, such ambiguity makes it difficult to formulate laws and frameworks for AI. Determining legal responsibilities for the actions and functions of AI systems is complex. Traditional legal systems assign responsibility based on intention and action. When AI systems become more independent, which individual or entity is responsible for the damages or incidents caused by AI? Thus, when AI systems learn and evolve independently or exhibit behaviors outside of their programming, this issue becomes even more complicated. Ethics and law in artificial intelligence are interconnected. AI systems can impact human lives; therefore, the development and implementation of ethics is essential. The functioning of AI raises concerns regarding fairness, transparency, privacy, and discrimination. Addressing these ethical issues and ensuring that AI systems respect human rights and values necessitates the legal regulation of AI. Inventions and content generated by AI complicate intellectual property rights. The legal status of AI affects trade secrets, copyright ownership, and patentability. Existing legal frameworks must ensure a balance between promoting innovation and protecting creators and innovators in the field of AI. The rapid growth of artificial intelligence and its unique characteristics necessitate a thorough examination of the legal framework. The complexities and threats posed by AI may fall outside current laws. AI may require new ideas, systems, and legal standards to address its specific features and challenges. It is essential to consider the legal status of AI at the international level, which requires international cooperation. Data protection and international standards for the development and implementation of AI need coordination within regulatory frameworks across jurisdictions. Conventions, laws, and global frameworks for responsible and ethical AI practices require collaboration. In recent years, there has been significant research focused on AI technology, thus legal discussions must also be addressed. So far, there has been no comprehensive study on the legal status of AI, its interference and conflict with collective human rights and civil rights, the challenges it presents, and potential solutions. Most research conducted has examined its functionality and applications in areas such as insurance, judicial proceedings, healthcare, Islamic studies, and humanities. Therefore, this study first discusses the differences between artificial intelligence and humans, followed by concepts and definitions of AI to provide a basic understanding for legal professionals (without offering highly specialized definitions). It then addresses the legal status of AI, theories regarding its acceptance or rejection, predictions of personality models for AI, instances where AI may conflict with ethical and human laws, and strategies to prevent such conflicts. The research method used in this article is descriptive-analytical. 2. Methodology This research has been conducted using a descriptive-analytical method, and the necessary information and resources have been collected through library research. 3. Results and Discussion In the future, artificial intelligence will advance significantly and surpass its current position, so considering this, it still requires important research. In addition to opinions that believe AI might replace humans by impersonating their identity and personality, necessitating control, some views suggest this technology will lead to significant benefits for humanity. All these discussions can be resolved by establishing laws regarding the granting of personhood to AI. By granting personhood to AI in the form of a general legal status, AI will be able to have rights and obligations through its actions. Furthermore, if AI causes harm to another person due to its actions, liability may arise. Thus, due to the granting of personhood to AI, it will be able to participate in a case and even act as a lawyer or representative in a lawsuit. However, it should not be forgotten that no matter how advanced AI becomes, it must adhere to certain limitations in its personhood status, similar to legal entities. In the context of the legal status of artificial intelligence in Iran, there are currently no definitive regulations. When examining the discussions that have taken place on this subject, some viewpoints consider it appropriate to treat artificial intelligence as an object, grant it legal personality, or recognize it as a non-human, electronic, or artificial person. In fact, all the debates that have occurred in this regard are deemed valuable and important, each providing significant arguments for integrating the concept of artificial intelligence into the legal system. However, following the European Parliament's proposal to allocate electronic personality and important responsibilities, the dimensions of the discussion have changed. Although many issues still remain to be clarified. It is unclear to what extent and in which matters the European Parliament will approve this report. Similarly, apart from recognizing legal personality, there is no clear information regarding the limitations and exceptions of this personality. Therefore, from the perspective of international law, it is essential to urgently develop legal regulations concerning the legal status of artificial intelligence within the United Nations or the European Union. In this context, doctrinal discussions and the examination of advantages and disadvantages are the most important data that will facilitate the improvement of legal regulations. In contrast to artificial intelligence, which is becoming systematically more autonomous and intelligent, legal personality must undoubtedly be accepted. However, the concept of such personality should be a unique one for artificial intelligence. 4. Conclusions and Future Research Intelligent robots can pose challenges for humans and their human rights, including but not limited to the following: violations of privacy, the potential for the automatic operation of dangerous military weapons, social interventions, and the spread of fake and misleading news and information, increased unemployment and reduced job opportunities, gender and racial discrimination, inequality in matters related to criminal justice, healthcare, hiring, and more. Therefore, it is necessary to devise solutions to address these challenges, which may include diversifying data, ensuring operational transparency, establishing legal and ethical frameworks, government commitments to balance the use of artificial intelligence with the fulfillment and enforcement of the right to work, data protection, respect for privacy, reducing discrimination, collaborating with stakeholders, establishing international legal standards, and fostering international cooperation for the safe development of artificial intelligence. Otherwise, it would be an affirmation of human rights violations by artificial intelligence.
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