International Legal Principles for the Creation and Use of Technology Artificial Intelligence in the IT Sector of the Economy
Introduction . The IT industry is a strategic segment for the development of any economy. Artificial intelligence occupies a leading position in its development. Artificial intelligence has enormous potential to influence the development of any economic sector: industry and transport, agriculture, oil and gas, etc. However, its ability to self-develop suggests the potential for harm. Therefore, the development of neural networks and the widespread implementation of artificial intelligence make the question of the principles of its development and use extremely relevant. More and more developers are considering the need to address legal and ethical restrictions on the use of artificial intelligence at the design and development stages. To achieve this, it is necessary to develop and enshrine at the regulatory level fundamental guidelines (principles) for the safe use of artificial intelligence. These principles should primarily cover the safety of its use, transparency, accountability, nondiscrimination, etc. Therefore, the development and legal codification of these principles is a priority task, capable of, on the one hand, ensuring the development of advanced technologies in the IT sector of the economy, and on the other, preventing possible negative consequences of the use of artificial intelligence. Materials and methods . This article addresses the substantive content of the Azilomar Principles, as well as other principles identified in science and legislation, which could form the basis for legal regulation of the creation and use of artificial intelligence technology in the IT sector. An analysis of the existing international and national legal framework suggests that legislation in this area is still in its infancy. Currently, the main norms containing these principles are contained in individual acts of a local nature. Consequently, they apply to a limited number of individuals, and their use is purely voluntary. Therefore, it is crucial to formulate the legal, fundamental foundations (principles) of future legal regulation and enshrine them in current legislation. Research results . A substantive analysis of the Azilomar principles has led to the conclusion that not all of them can be established as fundamental legal frameworks regulating the creation and use of artificial intelligence technology in the IT sector of the economy. Some of them overlap and overlap (for example, the principle of utility and universal benefit), while others (for example, fairness) are evaluative in nature and cannot fully serve as a mechanism for legal regulation. To develop a more comprehensive system of principles for the creation and use of artificial intelligence technology in the IT sector, the principles identified in national and international regulations, local acts of individual IT economic entities (IBM, Microsoft, etc.), and those proposed in doctrinal sources were analyzed. The need for using a number of these principles is substantiated. The authors formulate their own principles to be used in creating legal regulation for the use of artificial intelligence technology in the IT sector, and a system of these principles is proposed. The need to identify principles for the creation and use of large databases as a separate category is substantiated. Discussion and conclusion . An analysis of scientific approaches to the principle of liability has allowed us to formulate our own conclusions aimed at establishing the liable party. It has been proven that the liable parties for damages and/or losses caused by artificial intelligence should be the owners of the artificial intelligence, and compensation for damages/ losses should be covered by mandatory insurance.
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