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Artificial intelligence and the laws

Par Tom BESSIERE Publié le 16/10/2019 à 23:00:34 Noter cet article:
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"The development of full artificial intelligence could spell the end of the human race. [...] Humans, who are limited by slow biological evolution, couldn't compete, and would be superseded.". These are words of the physicist Stephen Hawking for the BBC channel in 2014.

Artificial intelligence is a means of facilitating human life. It is the use of many techniques that allows machines or computer systems to reproduce a real form of so-called artificial intelligence. This technology can be found in many sectors such as medicine, justice and entertainment. There are different levels of intelligence, the first being responsiveness. It is the ability of a machine to perceive and react to data in a limited context. Especially machines like Deep Blue developed by IBM to play chess against other machines, but also against humans. She notably served for a chess game that she won against former world champion Gary Kimovitch Kasparov in 1997. These machines are limited since they can not make decisions themselves, but follow to make decisions.

Memory-limited machines are considered the second level of artificial intelligence. These machines no longer need to receive data from humans and have the ability to collect them themselves and then make decisions. This is for example the case of voice assistants such as Axela, iRobot vacuum cleaners or autonomous cars. These machines have physical or cloud memory that allows them to look for decisions to make.

The third level and fourth level are considered artificial intelligences available in the near future. They combine the theory of the mind, which will allow a machine to assign emotions, but also the possibility of giving a machine a consciousness allowing it to represent itself.

One of the issues today is how the artificial intelligence will affect people lives in the futur.

History of the artificial intelligence

We can consider that the origin of the idea of ​​artificial intelligence as we know it today goes back to the middle of the 20th century with the work of Norbert Wiener in 1940 on cybernetics considered as the science of the human spirit. Scientists will focus on neurons to establish two methods of artificial intelligence: connectionism and cognitive theory. Alain Turin in a 1950 article titled "Computing Machinery and Intelligence" in which he talks about the awareness of machines develops in detail a technique to confront a human who only with the use of the voice must differentiate another human and a machine. If the person can not tell who the human is and who the machine is, then the machine passes the Turing test. The term "artificial intelligence" appeared in 1956 with John McCarthy during a conference in the United States that will lead to the creation of a laboratory specialized in the search for artificial intelligence. Gradually, other countries use computers and a period called "IA WInter" appears in 1974. This is a period where among the many projects, none materializes. With the arrival of the expert systems the defeat of Garry Kasparov against Deep Blue built by IBM in 1997, the eyes of the world are all on artificial intelligence. Starting in the 2000s, computers and artificial intelligences are becoming more and more popular in everyday life, reacting scientists as well as politicians to the limits that these tools can have in our world.

Artificial intelligence and the healthcare

Artificial intelligence is increasingly involved in relations between the state and its citizens. In many countries, this intervention manifests itself in particular areas, namely health, public safety, the environment, but also transport and education.

In the field of health, artificial intelligence intervenes more and more. For example in China where many citizens do not have access to medical aid mainly for financial reasons. As a result, investments in health applications with artificial intelligence will significantly improve Chinese citizens' access to medical services. Baidu, Google's rival, has already started creating chatbot to help doctors make diagnoses. The Chatbot also known as conversational agent and software programmed to simulate a conversation in natural language. This agent is responsible for collecting as much relevant information as possible so that the doctor can make a diagnosis before even getting an appointment. In the same way, artificial intelligence developed by Google has detected cancerous tumors with an efficiency of 89% against 73% for specialists.

All this leads the state to legislate in the field of artificial intelligence to regulate it. As a result, particularly in the health field, many pieces of legislation have occurred in France because artificial intelligence causes recurring ethical problems. The notion of telemedicine is defined legally in Article L.6316-1 of the Public Health Code to legally regulate this procedure. The decree of 19 October 2019 creates Article R.6316-1 of the same code which defines the five acts of telemedicine authorized in France and determines their execution. In addition to the bioethical laws of 1994, the French Parliament should decide on a new law in the year 2019.

In Austria, some telemedicine projects are emerging. However, there is no legal framework on these practices since online consultation is prohibited by law.

In Spain, the state runs and finances telemedicine programs. These must inevitably be tested before being generalized. Most of these countries that provide telemedicine services use European law on this topic.

Artificial intelligence and security

State use of artificial intelligence in the field of security is very important, especially in China. For example, it is used for criminal activities and to assess the possibility of re-offending. In Shenzhen City, its use in surveillance cameras allowed the police to resolve some cases of disappearance. Similarly, in Shanghai, Shenzhen, and many other Chinese cities, artificial intelligence is also used by local authorities to identify drug trafficking. The cameras also analyze pedestrians who do not respect the passages reserved for them see their faces on screens installed throughout the cities until the individual pays his fine.

In fact, this intelligent Chinese identification system has strongly influenced the French surveillance system because for the former Minister of the Interior Gerard Collomb, artificial intelligence has a remarkable utility in the maintenance of public order and more specifically for police forces. The latter mentioned that the exploitation of the image and the identification of people should have room for a large margin of progress and adds that artificial intelligence should, for example, allow individuals with strange behavior to be detected in the crowd.

A legislative framework for the use of artificial intelligence by a state is therefore necessary. Indeed, a security entirely managed by the artificial intelligence would be very likely to affect the private life of the citizens. As a result, in France, the revision of the "computing and freedom" law of 2016 provides for Articles 9 and 10 that only the courts, the public authorities or the courts can handle data related to crimes, convictions and security measures.

Article 9: Processing of personal data relating to offences, convictions and security measures may be put in place only by:

1°the courts, public authorities and legal entities that manage public services, within the framework of their legal jurisdiction;

2°the representatives of the law for the strict needs of the exercise of the functions granted to them by the law;

3° [Provisions considered contrary to the Constitution by decision No. 2004-499 DC of 29 July 2004 of the Constitutional Court];

4° the legal persons mentioned in Articles L321-1 and L331-1 of the Intellectual Property Code, acting by virtue of the rights

that they administer or on behalf of victims of infringements of the rights provided for in Books I, II and III of the same Code,

and for the purposes of ensuring the defence of these rights.

Article 10: No court decision involving the assessment of an individual’s behaviour may be based on an automatic

processing of personal data intended to assess some aspects of their personality.No other decision having a legal effect on an

individual may be taken solely on the grounds of automatic processing of data intended to define the profile of the data

subject or to assess some aspects of theirpersonality.Neither the decisions taken in the context of entering into

or performing a contract and concerning which the data subject had an opportunity to give their remarks nor those

that meet the request of the data subject shall be regarded as taken solely on the grounds of automatic processing.

Artificial intelligence and environment

States also use artificial intelligence in environmental matters. Indeed, the French Agency for Biodiversity presented a project with the support of the services of the Ministry ecological transition to control water and nature. An artificial intelligence is currently being tested to analyze and prioritize all environmental data identify areas at risk.

In China, a creation of intelligent networks of prevention for the environment is planned. China presents its "National Development Plan for New Generation of Intelligence" artificial 'with the ambition to install intelligent systems of control and prevention of consumption of natural and energy resources, but also to calculate the level of pollution.

Artificial intelligence and environment

Artificial intelligence is widely used in transportation. The use of artificial intelligence on public roads is characterized by the notion of autonomous vehicle not requiring the intervention of a driver. Not all vehicles have the same level of autonomy, the most advanced stage for now is a stadium or the driver does not intervene at all in the driving, one speaks then of total autonomy.

The intervention of artificial intelligence in the field of transport also leads the state to adopt laws to better protect individuals, especially to know who is responsible for repairing damage resulting from an accident involving autonomous vehicles and more specifically the law of liability.

In France for example, the use of autonomous vehicles is allowed on the road. Indeed, France authorizes for the first time the experimentation of autonomous vehicles in their tracks by an order of 3 August 2016. This order results from Law No. 2015-992 of 17 August 2015 on the energy transition for green growth, and more particularly to Article 37 of the latter which gave the government the competition to take any measure to allow public vehicles with delegation of partial or complete driving, whether in the case of cars, cargo or passenger transport vehicles, for experimental purposes provided that its circulation is carried out in a manner which respects the safety of all users and provides, where appropriate, an appropriate liability regime.

Artificial intelligence and privacy

With the beginning of artificial intelligence, it is necessary to preserve the privacy of individuals. We constantly use a form of artificial intelligence through the internet or smartphones and these machines constantly need to collect data, intentionally or not.

Take the example of social networks. They use a technique called Machine Learning or Machine Learning , which is a way for computers to learn using a neural network. This includes a complete data analysis to compare and add to an existing database, allowing the machine to remember what are the conditions and data that led to this action. This artificial intelligence is used in various fields especially in finance, health, robotics or marketing.

Facebook uses a lot of machine learning especially to target users. When a user performs a search or purchase, some networks use this technique to recommend products based on research already formulated. There will be an analysis of user histories to influence the purchases and advertising a user will receive. This targeting is considered smart advertising as an invasion of privacy of users. The moral case of targeted advertising is still unresolved today.

This leads us to ask questions about the protection of privacy due to the extensive use of personal data. There is legislation in France concerning the protection of personal data (entered into force on 20 June 2018) which complies with a European data protection regulation, but does not guarantee the ownership of our personal data. We are not masters of our own data. That's why government organizations like the french National Computer Science and Freedoms Commission allow everyone to learn and especially to protect themselves in case of abuse of the use of these data.

Europe and artificial intelligence

The European Commission adopted December 3 and 4, 2018, the first European text on ethics in the use of artificial intelligence in the judicial system.

Introducing artificial intelligence into the justice sector can lead to greater efficiency, but the subject remains delicate. This text makes it possible to know the framework of principles to guide lawyers and professionals in each Member State if they are to use artificial intelligence. The principles set out in this text reflect the principles of the European Court of Human Rights and the Council of Europe Convention on the Protection of Personal Data.

The text stresses the need to use artificial intelligence in the justice system, but the use must respect individual rights. The European Commission for the Efficiency of Justice has thus identified the main essential elements to respect in terms of artificial intelligence and justice. The principle of respect for fundamental rights, principle of non-discrimination, principle of quality and security, principle of transparency, neutrality and intellectual integrity. For this commission, the respect of these principles must prevail in the algorithm of treatment of the judicial decisions and the judicial data and in the use which makes them. The CEPEJ brings together experts from the 47 member states of the Council of Europe to improve the quality and effectiveness of European judicial systems and enhance the confidence of judicial users in these systems.

Member States and the Commission work together to boost artificial intelligence Made In Europe . In line with the announcement made in April 2018 as part of its strategy on artificial intelligence, the European Commission presented a coordinated plan developed with Member States to promote the development and the use of artificial intelligences in Europe. This plan proposes joint actions for closer and more effective cooperation between Member States, Norway, Switzerland and the European Commission in four areas of action: Increase investment, make more data available, cultivate talent and ensure trust.

Closer coordination is essential to make Europe a regional player in the development and deployment of an ethical, safe and advanced artificial intelligence. The purpose of all this: to maximize investments through partnerships, to create spaces for European data, to find new talents, skills and new learning for develop a reliable and ethical artificial intelligence.


States use and frame artificial intelligence because its use always presents many dangers for the private life. The law must therefore always be in constant evolution towards data protection. In Saudi Arabia, a robot called "Sofia" and endowed with an artificial intelligence obtained the Saudi citizenship. In response to that, in April 2018, two hundred experts have published an open letter to the European Commission on Artificial Intelligence and Robotics with the aim of dissuading the European Commission from attributing personality legal to robots.

The French law of October 7, 2016 for a digital republic asked the CNIL to think about the social problems posed by digital technologies. The CNIL organized a public debate from January to November 2017 and published its report. The 2016 law offers the possibility to access all public algorithms and the administration must communicate its main features, publish source codes and announce a decision after algorithmic processing. This is the case, for example, for the Parcoursup platform whose source code is available online.

States have not yet attempted to integrate artificial intelligence into the field of justice. However, it may be for very soon. A virtual judge was created in France by a private company. This artificial intelligence is sold and used by lawyers to allow their client to simulate a court decision.

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