Artificial Intelligence (AI), is revolutionising industries and daily life, shaping the way we work, communicate, and interact with technology, but its legal implications must also be considered. Given the repid evolving nature of AI and its potential to impact individuals, businesses, and society at large, there is a need for legal experts who understand the nuances of AI technology, its implications and potential legal issues. These experts can provide guidance on how to navigate legal challenges, mitigate risks, and ensure ethical and responsible AI deployment. Additionally, they can assist in shaping future regulations and standards that govern the use of AI, helping to strike a balance between fostering innovation and protecting the rights and interests of individuals.

Definition

Whilst there is no universal definition of what constitutes artificial intelligence, at its core, AI refers to the simulation of human intelligence in machines that are programmed to think and learn like humans. This encompasses the ability to reason, learn from experience, understand complex concepts, interact with their environment and look to solve problems.

AI stands at the forefront of technological innovation, promising to revolutionize industries, enhance human capabilities, and reshape society. Yet, defining AI remains a complex and multifaceted endeavor. As the field continues to evolve, numerous interpretations and conceptualizations of AI have emerged, reflecting its diverse applications, theoretical foundations, and philosophical implications.

Essence of AI

At its core, artificial intelligence embodies the aspiration to replicate human-like intelligence in machines. This encompasses a broad spectrum of cognitive abilities, including reasoning, learning, problem-solving, perception, and decision-making. AI systems are designed to analyze vast amounts of data, recognize patterns, infer relationships, and derive insights, mirroring the cognitive processes of the human mind. Moreover, AI enables machines to adapt and evolve over time, refining their performance through experience and feedback -a hallmark of intelligent behavior.

Scope of AI

The scope of artificial intelligence extends across diverse domains, ranging from robotics and natural language processing to machine learning and computer vision. Within each domain, AI manifests in various forms, such as expert systems, neural networks, genetic algorithms, and reinforcement learning algorithms. These techniques enable machines to perform tasks that traditionally required human intelligence, from autonomous driving and medical diagnosis to language translation and game playing. Moreover, AI permeates everyday life through virtual assistants, recommendation systems, and smart devices, enriching human interactions and augmenting productivity.

Key Concepts in AI

Several key concepts underpin the theory and practice of artificial intelligence, elucidating its mechanisms, capabilities, and limitations. Machine learning, for instance, empowers AI systems to improve their performance iteratively through exposure to data, enabling them to discern patterns and make predictions autonomously. Natural language processing facilitates communication between humans and machines, enabling the interpretation and generation of human language, a cornerstone of human – computer interaction. Additionally, cognitive architectures and symbolic reasoning frameworks provide theoretical foundations for modeling intelligence, elucidating the principles underlying intelligent behavior and problem-solving.

Challenges and Implications

Despite its transformative potential, artificial intelligence confronts numerous challenges and ethical implications. Issues such as algorithmic bias, privacy infringement, and job displacement underscore the need for responsible AI development and governance. Furthermore, the existential risks associated with superintelligent AI raise profound philosophical questions about the nature of intelligence, consciousness, and moral agency. As AI continues to advance, addressing these challenges and fostering ethical AI adoption will be imperative to harnessing its benefits while mitigating its risks.

Artificial intelligence represents a paradigm shift in technology, redefining the boundaries of human-machine interaction and catalyzing innovation across industries. By simulating human-like intelligence in machines, AI has the potential to revolutionize healthcare, transportation, finance, and education, among other fields.

AI integrated devices

AI is integrated into various devices across different industries. Here are some examples:

• Smartphones: AI-powered virtual assistants like Siri (Apple), Google Assistant (Google), and Bixby (Samsung) utilize natural language processing and machine learning algorithms to understand and respond to user commands.
• Smart Speakers: Devices such as Amazon Echo (powered by Alexa), Google Home, and Apple HomePod incorporate AI to enable voice-controlled smart home automation, music streaming, and information retrieval.
• Autonomous Vehicles: Self-driving cars use AI algorithms, including computer vision, machine learning, and sensor fusion, to perceive their surroundings, make driving decisions, and navigate safely.
• Wearable Devices: Fitness trackers and smartwatches often employ AI to monitor physical activity, analyze biometric data, and provide personalized health insights and recommendations.
• Smart Cameras: Security cameras and home surveillance systems utilize AI for facial recognition, object detection, and activity monitoring to enhance security and surveillance capabilities.
• Personalized Recommendations: Streaming services like Netflix and music platforms like Spotify leverage AI algorithms to analyze user preferences and behavior, delivering personalized content recommendations.
• Healthcare Devices: AI is integrated into medical devices such as diagnostic imaging systems (e.g., MRI, CT scans) to assist in disease detection, treatment planning, and medical diagnosis.
• Smart Home Appliances: AI-powered appliances like refrigerators, washing machines, and thermostats can optimize energy usage, automate tasks, and provide predictive maintenance alerts.
• Chatbots and Virtual Assistants: AI-driven chatbots are used in customer service platforms, websites, and messaging apps to provide instant responses, answer inquiries, and assist users with various tasks.
• Drones: Unmanned aerial vehicles (UAVs) utilize AI algorithms for autonomous flight control, obstacle avoidance, and mission planning in applications ranging from aerial photography to agriculture and surveillance.

These examples highlight the diverse range of devices and applications that leverage artificial intelligence to enhance functionality, efficiency, and user experience.

Türkiye Updates

Türkiye had not implemented specific legislation dedicated solely to AI. However, the following general laws impact AI or the outcomes of AI from different perspectives:

• the Code of Obligations, in relation to liability from AI;
• the Law on Personal Data Protection (6698), in relation to the processing of personal data by AI or during the development or training stages of the relevant AI;
• the Law on Consumer Protection (6502), in relation to AI-based advertising;
• the Criminal Code, in relation to crimes committed by using AI;
• the Law on Industrial Property (6769), in relation to AI-generated inventions;
• the Law on Intellectual and Artistic Works (5846), in relation to the copyright to AI-generated content;
• the Law on Highway Traffic (2918), in relation to AI-equipped autonomous vehicles; and
• sector-specific regulations in the electronic communications and finance sectors regarding customer identity verification.

The Eleventh Development Plan, endorsed in 2019, led to the establishment of the Department of Big Data and AI Applications under the Presidency’s Office of Digital Transformation. Concurrently, efforts began to formulate a legal framework. Following this, the National AI Strategy (2021-2025) was ratified in 2021 to outline the guiding principles for legislative endeavors. Moreover, collaborative initiatives commenced with prominent technology research institutions, including the Scientific and Technological Research Council of Turkey.

Turkey published the National Artificial Intelligence Strategy 2021-2025 (‘the Strategy’) on 24 August 2021. The Strategy sets out the principles of the AI field as well as organisational plans and development goals for AI in Turkey for the years 2021-2025.

Further to the Strategy, the Turkish Personal Data Protection Authority (‘KVKK’) published Recommendations on the Protection of Personal Data in the Field of Artificial Intelligence (‘the Recommendations’) on 15 September 2021. The Recommendations include advice for the protection of personal data for developers, manufacturers, service providers, and decision-makers operating in the field of AI.

EU Updates

The EU AI Act , which was officially approved by the European Parliament on March 13, 2024, marks a significant milestone in the legislative process. However, it’s important to note that this adoption doesn’t signify the conclusion of the process; there are still crucial steps to be taken.

The rapid finalization of the texts for the parliamentary vote means that there are pending checks and corrections. It’s anticipated that a corrigendum will be issued, with a swift parliamentary vote scheduled for April 11 or 12 to accept it.

Following the second vote by the Parliament, the next stage will involve the formal adoption of the text by the Council of the EU. Although a specific date for this vote has not been announced, it is anticipated to take place in April. Subsequently, the Act will be published in the Official Journal of the EU and will come into effect twenty days later, likely in late May.

The EU AI Act defines an AI system as “a machine-based system that … infers from the input it receives how to generate outputs such as predictions, content, recommendations, or decisions that can affect physical or virtual environments“.

UK Updates

The UK Information Commissioner’s Office (ICO) has initiated a second round of consultation regarding generative AI, continuing its series of inquiries into this topic. This particular consultation delves into the concept of “Purpose limitation in the generative AI lifecycle,” concentrating on the application of the data protection principle of purpose limitation across various stages of the generative AI lifecycle. Stakeholders are invited to contribute their input to this consultation, with the call for evidence concluding on April 12, 2024. Responses can be submitted through the provided link. 

The first consultation focused on the lawful basis for web scraping to train generative AI models and closed on 1 March 2024.

On April 1, 2024, an agreement was reached between the United States and the United Kingdom, known as a Memorandum of Understanding (MOU), outlining their collaboration in developing tests for advanced AI models. This MOU is a result of commitments made by both nations during the AI Safety Summit held in November 2023. The primary aim of this partnership is to harmonize scientific methodologies and facilitate the exchange of information regarding the capabilities and risks associated with AI models and systems. Effective immediately, the agreement enables seamless cooperation between the U.S. and UK AI Safety Institutes. The joint effort underscores the recognition by both governments of the imperative to act promptly in establishing a unified approach to AI safety that can effectively address the evolving risks posed by the technology.

US Updates

In the United States, the regulation of AI is still in its early stages. At present, there is no overarching federal legislation specifically targeting this issue. Nonetheless, several state and federal laws address aspects of AI, including privacy, security, anti-discrimination, and related concerns. Additionally, several federal agencies have started to issue principles and guidelines regarding AI policy. In October 2023, the Biden administration released a comprehensive executive order known as the AI Executive Order. This directive instructed multiple U.S. government departments and agencies to assess the safety and security of AI technology, along with other related risks, and to establish protocols and practices concerning the integration and utilization of AI. Furthermore, both federal and state authorities, as well as legislators, have demonstrated considerable interest in the regulation of AI technology.

G7 Updates

The G7 countries (Canada, France, Germany, Italy, Japan, UK and USA, with the EU also participating) issued a Ministerial Declaration on 15 March 2024 at the end of a two-day summit on digital and technology matters. AI-related matters in the communiqué included:

• developing tools and mechanisms to hold accountable businesses that commit to their non-binding code of conduct (issued as part of the G7 Hiroshima AI process);
• addressing the topics of how to ensure continuing effective competition in AI markets at the next G7 summit, scheduled for later this year in Rome;
• developing a toolkit for “the safe, secure, and trustworthy development, deployment, and use of AI in the public sector“;
• producing a report on the “factors and challenges of AI adoption” by the private sector, particularly small and medium businesses, to inform policymaking and initiatives to support adoption.

OECD Updates

The Organisation for Economic Co-operation and Development(OECD) conducts thorough research and analysis to enhance understanding of the transformative potential of AI and its ramifications for economies and societies. Through its Artificial Intelligence Papers series, the OECD utilizes a rich evidence base to identify emerging trends and delve into a wide range of AI-related topics. These include examining opportunities and challenges in AI governance, assessing the effects of AI across various policy areas such as labor markets, education, and healthcare, exploring ethical considerations in the design and implementation of AI systems, and investigating new frontiers like generative AI. This collection comprises both policy papers and working papers produced by the OECD, offering valuable insights into the multifaceted dimensions of AI and its impact on contemporary society and policy.

The Organisation for Economic Co-operation and Development has published an explanatory memorandum on its updated definition of AI. It has also published an accompanying blog post  explaining the main points.