Maxim Ali has told Telesputnik magazine about the legal problems of using AI

Artificial Intelligence (AI) is being actively implemented in various industries, so questions of legitimacy of its use arise accordingly. Maxim Ali, Partner and Head of IP/IT practice at Maxima Legal, analysed legal aspects of working with neural networks specifically for Telesputnik magazine

“To learn neural network needs to use an array of source materials, such as photos or text. The question arises: should we regard such use of source data as an intellectual property infringement? Answering it, it is clear that we still have to sacrifice something – either the interests of rights holders or neural network projects which have to learn from someone else’s work,” said Maxim.

The expert explained that even if a compromise is found and neural network can be allowed to train on someone else’s work, another question will certainly arise: does the use of the result generated by AI violate the rights to those works? After all, it is not always possible to understand whose work and how it was used to generate the material.

“Another gap [in the law] is user rights. Right now, the provider of an AI system can retain all rights to the result of its work. For the user, this would mean prohibiting further use of the material that was generated by his or her intellectual efforts. This approach can hardly be called fair, if neural networks themselves will be allowed to indulge in using someone else’s input material,” Maxim Ali stressed.

In addition, one of the key limitations for AI lies in the area of personal data protection, because companies are not allowed to make decisions about customers and other subjects of personal data solely on the basis of automated data processing.

“There are two ways around this. The first is to make sure that the final decision is made by a live person, albeit with the help of preliminary conclusions from AI. The second is to get consent from the data subject on a special form. But then the company would need to explain the automated decision-making process, give the data subject an opportunity to raise objections and respond to them within a month. As many information systems are permeated with personal data, these restrictions will be relevant for many companies,” warned Maxim Ali.

To read the full article (in Russian) please see Telesputnik magazine`s  website>>>