AI on TRIAL
Foreword by
SR. ADV. R. VENKATARAMANI
Learned Attorney General for India
AI on Trial is a forward-looking and probably the first of its kind project that examines the nexus between AI and legal systems, underlining the pressing requirement for obligation, culpability, and systems of governance. The book carefully covers AI’s key principles, culpability assignment, and legal hurdles throughout seven chapters. In a nutshell, it analyzes biases in AI, basic rights, and the intricacies of intellectual property concerns of AI-generated content, suggesting solutions such as a “Machine-Created Intellectual Assets Act”. The book analyzes AI’s legal personhood, intentionality, and agency, calling on the Turing Test and international approaches. It also addresses models of civil and criminal liability, intermediary duties, and concerns connected to product liability. A significant chapter offers the idea of ‘safe harbour’ for AI, examining its repercussions for innovation and governance. The book finishes by examining AI’s influence on key fields such as healthcare and free speech, supporting equitable and balanced regulation.
AUTHORS
Sujeet Kumar
Member of Parliament (Rajya Sabha)
Sujeet Kumar is a Member of Parliament (MP) in the Rajya Sabha, representing the state of Odisha, and a Lawyer specialising in the areas of Technology Laws, IP, Arbitration, Environmental, Commercial and Constitutional Laws. During his 1st term in the Rajya Sabha, he was the Chairman of the Petitions Committee, becoming one of the youngest MPs to head a Parliamentary Committee. He is a Member of various Parliamentary Committees and statutory bodies. An Engineer turned Lawyer, Kumar is currently practising law at the Supreme Court of India and various High Courts & Tribunals. He is the founder and Managing partner of LexMantra LLP (www.lexmantra.net), a boutique law firm. Previously, he worked at the World Economic Forum (WEF) in Geneva, Switzerland, and for United Nations Development Program (UNDP) and for Infosys Technologies Ltd. in India. He studied for the mid-career Master’s in Public Administration (MPA) at the prestigious Harvard Kennedy School- Harvard University. He also has an MBA degree from the Said Business School- University of Oxford, having the distinction of receiving the inaugural Skoll Scholarship there. He also holds two Bachelor’s degrees from India: Bachelor of Engineering (BE) and Bachelor of Laws (LLB). He is a Life Member of several prestigious organisations, including the Bar Association of India (BAI), International Bar Association, Indian Council of Arbitration (ICA), Construction Industry Arbitration Council (CIAC), International Centre for Alternative Dispute Resolution (ICADR), Oxbridge Society of India, Harvard Club of India, and Indian Institute of Public Administration (IIPA), et al. An adjunct faculty at various Universities in India and globally, he is a prolific public speaker and recipient of numerous accolades, awards and citations. He tweets @SujeetKOfficial
Md. Tauseef Alam
Associate to Sujeet Kumar
Md. Tauseef Alam is a law student at the Lloyd School of Law. He has assisted the Hon’ble Chief Justice, Calcutta High Court; Delhi Commission for Child Rights; Sr. Adv. SV Raju, Additional Solicitor General for India; West Bengal Legal Services Authority, et al. He has also contributed by assisting Sr. Adv. Salman Khurshid, Former Minister of External Affairs, Law & Justice and Minority Affairs, with research in prominent constitutional matters before the seven-judge bench of Hon’ble Supreme Court related to Aligarh Muslim University Minority Status and SC/ST Reservation. He has played a pivotal role in advocating for a directive from the Ministry to the UGC and AICTE on menstrual hygiene in educational institutions, reflected in the directive issued under reference number F.No.17-5/2023-U.5. Currently, he assists Shri Sujeet Kumar as his Legislative and Public Policy Researcher, discharging various responsibilities alongside assisting in the legal affairs of LexMantra. He tweets @mdtauseeflaw.
FOREWORD BY:
Sr. Adv. R. Venkataramani
Attorney General for India
Al on Trial offers an attempt to ask the right questions questions that will define the contours of justice and accountability in the age of Al. Bridging the technical intricacies of Al with the legal frameworks and ethical considerations that govern its deployment is a challenging task. The book endeavours to grapple with this challenge. It addresses a profound gap in our understanding and regulation of Al, particularly in the contexts of liability, accountability, and the evolving concept of legal personhood. As Al systems become increasingly autonomous, their growing influence on decisions in areas ranging from healthcare to criminal justice raises urgent questions about responsibility, ethics, and societal impact. What sets this book apart is its unique approach to tackling these complex issues. It ventures into uncharted territory by proposing a nuanced pathway for assigning liability to Al, exploring doctrines such as negligence, strict liability, and vicarious liability, and even engaging with the exciting idea of equating Al with legal personhood. The chapter- wise scheme unpacks these concepts, blending rigorous legal analysis with practical scenarios, making it an invaluable resource for legal practitioners, policymakers, technologists, and academics alike. Comparison can be had with the book "The Law of Artificial Intelligence" by Matt Harvey and Mathew Lavy.
MESSAGE BY:
Ranjan Gogoi
Former Chief Justice of India
Member of Parliament (Rajya Sabha)
What distinguishes this work is its commitment to both theoretical depth and practical application. Rather than offering simplistic narratives of technological inevitability or reflexive resistance to change, it charts a nuanced path forward. The authors lay essential groundwork for understanding AI's role in the justice system. It thoughtfully considers AI's potential to enhance efficiency and improve access to justice-while also addressing serious concerns about fairness and accountability.
ENDORSEMENTS
Justice TS Sivagnanam
Hon'ble Chief Justice, Calcutta High Court
The book delves into artificial intelligence’s legal, ethical and social implications, especially in the context of justice delivery systems and Constitutional principles. It draws from real-world examples and jurisprudence to address complex questions surrounding liability, accountability and regulation of AI systems. Most importantly the book aligns with the principles of impartiality and scholarly discourse.
N.R. Narayana Murthy
Founder, Infosys Limited
AI on Trial draws on Mr. Sujeet Kumar’s expertise in law and legislation to tackle the issue of AI accountability. The book delves into the essentials of AI, its legal personhood, intellectual property, and liability concerns, while suggesting forward-thinking solutions such as a ‘Machine-Created Intellectual Assets Act.’ This work marks a crucial advancement in unravelling the complex legal terrain of AI.
Salman Khurshid
Senior Advocate, Supreme Court of India
Former Minister, Govt. of India
The book rightly advocates the ‘pressing social need’ to reflect on attributing liability and accountability on AI within an appropriate framework to govern this emerging field. Curiously the work is about AI though apparently not for the present, a product of AI. The timely publication of this seminal work will both introduce lawyers to the subject and guide interested public persons to explore policy approaches to a field that might reshape our thinking about causation, responsibility, liability and regulation. Even as science fiction enters our living rooms, we must be prepared to remain masters of our destiny.
Mahesh Jethmalani
Senior Advocate, Supreme Court of India
Former Member of Parliament (Rajya Sabha)
“AI on Trial, co-authored by Sujeet Kumar—a very versatile Member of Parliament (Rajya Sabha)—and Md. Tauseef Alam, a fourth-year law student of rare analytical skills and impressive research capabilities - is a seminal treatise on the most exciting and rapidly developing technology of our times: AI.
AI on Trial is eminently readable: it is concise not laborious; it is simple not pretentious: it is copiously referenced not superficial. Finally it proffers possible solutions to the technology’s ever evolving dilemmas and is not dogmatic.