نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری ، گروه حقوق، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران.
2 استادیار حقوق خصوصی، گروه حقوق، واحد کرج، دانشگاه آزاد اسلامی، کرج، ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The revolution in technology always brings with it various social, political and economic consequences. The innovation that is referred to as artificial intelligence in technology is one of those innovations that fuel creative destruction and new waves in the economic and social arena, including the consequences and effects of this evolution in the legal field, so that in the international community of nations and also in the domestic arena of countries, the necessity of establishing and creating rules and regimes resulting from the effects of the revolution in artificial intelligence has been objectified. As a prelude to this evolution, this article has discussed the concept of artificial intelligence based on power and functionality. It has also examined the types artificial intelligence and has come to the conclusion that due to the expansion of the consequences and effects of transformation in artificial intelligence, including in the field of property, contracts and arbitration, the international community on a global scale as well as at the national level of countries in need The creation of rules and regimes is an issue this regard.
Introduction
One of the largest and fastest technological and social transformations in human history is the Industrial Revolution, which has several phases. The first industrial revolution was related to mechanization, which replaced agriculture. The second phase is known as the Technological Revolution, which led to the emergence of power plants and combustion engines. The Digital Revolution was the third phase, which saw the emergence of electronics, telecommunications, and computers. During this period, machines surpassed humans and were able to produce similar and perfect products in a short period of time. The fourth industrial revolution was related to the Internet. This was the era of intelligent devices, storage systems, and manufacturing equipment that could exchange information, perform tasks, and control equipment independently and without human intervention. After nearly a decade, observers predict a new revolution. This revolution is known as the rise of “artificial intelligence,” which is about the integration and participation of artificial intelligence and human intelligence. The unique characteristics of artificial intelligence algorithms compared to humans, the lack of laws related to identifying the nature of artificial intelligence and the system of responsibility governing it, and the diverse and unintegrable views on civil liability of algorithms in different legal systems are some of the factors that add to the complexity of the issue. One of the global challenges of artificial intelligence in the field of legislation is the issue of attribution. To whom are the actions of artificial intelligence attributed?
Theoretical Framework
The term artificial intelligence was coined at a Dartmouth workshop held by mathematician John McCarthy in 1956. While this date is usually seen as the birth of the field of artificial intelligence research, the foundation for this research has been laid through scientific advances, particularly in the past three decades. Important theoretical foundations for theoretical computer science were laid by contributions that, somewhat ironically, demonstrated the limits of computation. In 1943, McCulloch and Pitts created a model of artificial neurons that is often cited as the first step toward the invention of artificial intelligence. There are many examples of this work and research as a precursor to the creation of artificial intelligence, each of which in some way led to the evolution and eventual emergence of artificial intelligence. But it was Alan Turing who first articulated a comprehensive view of intelligence in his 1950 paper "Computing Machinery and Intelligence." In this article, he introduced the Turing test, machine learning, genetic algorithms, reinforcement learning, and computability. Studies on artificial intelligence were based on the idea that we could better understand the human mind and build better machines to improve our lives.
Methodology
This article examines the concept of artificial intelligence at the international level using a descriptive method. Using the descriptive method, we examine the concept and function of artificial intelligence in the international community.
Results & Discussion
One important feature of AI that challenges the legal system is the notion of predictability. We have already seen several examples of AI that are designed to act in ways that appear creative, at least in the sense that they would be considered “creative” if performed by a human. Current AI is creative, even more creative than humans. It is also logical and prudent. Being rational and prudent is very effective in choosing the best paths and promoting the public interest of the AI owner. With reliable data, a properly designed AI algorithm combines logic and prudence. Ultimately, it is cheaper, more efficient, and potentially more impartial than humans. It does not get tired or emotional. For example, computer chess programs, which can make moves that go against the rules and strategies of human chess.
Conclusions & Suggestions
Artificial intelligence is used in various areas of modern life, including contracts, works, and inventions. Despite its legal importance, the behavior of current artificial intelligence is somewhat complex and unpredictable, but there is a gap at the legislative level. The legal gap in the laws on artificial intelligence and robots based on autonomous intelligence, although perhaps less felt now, will soon cause numerous problems in the fields of commercial law and private law with the progressive advancement of technology. To this end, the true nature of artificial intelligence must first be identified. Given the expansion of the use of artificial intelligence and machine learning in Iran in various fields, it is essential to prepare comprehensive legal and ethical principles that are applicable to Iranian and global society. By using the experiences of other countries and examining the laws passed on artificial intelligence, such as the European Union's Artificial Intelligence Law of 2024, and using the benefits of this law, a more comprehensive and complete law can be passed that includes all branches of law. It seems necessary to establish appropriate laws taking into account the specific nature of artificial intelligence and redefine concepts such as defect and burden of proof, given the legal vacuum regarding product liability
کلیدواژهها [English]