By Oliver Azi

A lot has been written on how technology will help, and in some extreme cases, will eradicate lawyers and law. Shockingly, it is almost impossible to think otherwise. The end of law is the end of humanity and so, it is laughable to think of an eradication of law and lawyers because of the seemingly threat of technology. A balance is necessary in this debate and that is why it is necessary to ask: but how can law help the technology or artificial intelligence?

OUR HISTORY WITH DICTATORSHIP

Human history has been saddled with so much quest against dictatorship. From Malawi opposition of the 30 years rule of Hasting Banda to Brazil fight against President João Goulart who lasted for 21 years after a US supported coup and countless other insatiable human quest for power which often results to dictatorship. This is not exclusive to Africa or even South America continent, even Eastern Europe country—Romania—contested the draconian powers of Nicolae Ceausescu on 16th December of 1989. Dictatorship is human history.

It will be limiting to define dictatorship just on human personality alone, human actions and neglects also tell of dictatorship, the burston 25 years strike action in England which was the longest strike in English history can be classified as a consequence of dictatorship or irresponsibility of the British leaders. It is however true that our world is gradually bankrupt of dictatorship, but there is a new dictator in the block.

THE BEGINNING OF ARTIFICIAL DICTATORSHIP

What if artificial intelligence is the new dictator? But who is a dictator? For the purpose of history, a dictator is someone who wields almost uncontrollable power without check or control. This is why, Adolf Hitler may qualify as a dictator and not Donald Trump. Whilst Adolf Hitler might have led the Germans to attack Jewish homes in the late 1930s without restraint. Donald Trump instigated attack on the Capitol Hill was restrained in 2020 and stopped from repeating itself by the voter’s card of electorates. Almost all dictator, from Italy Benito Mussolini to Uganda’s Idi Amin Dada has one thing in common—the law was in their hands and was what they say it is.

With technology wielding so much power, the only possible restraint to these human created gods is the creation of laws that can stop or hinder its misusage. This has been the story of human society; the ‘law of the omnipotence’ has always been squashed when so much responsibilities a power is wielded by one person or entity. This is where democracy shares similarity with communism; where democracy advocates for equal participation of everyone in governance; communism propagates the believe that everyone should be equal in responsibility and right.

AI has numerous potentials, it will be untruthful to argue otherwise. But these benefits are not without loopholes. AI may in one way or the other affects humans negatively. AI systems will likely collide with the fundamental human rights of people—infringement on data privacy and security. As a willing tool in the hand of his master, it can be used to promote discrimination, hate speech and other forms of confusion. If Pope Francis could be manipulated in public view to be supporting Donald Trump during the 2020 US elections then nobody is protected. Also, the adoption of AI systems comes with serious risk factors. Hence, in a world where AI is on the verge of dominating every sector of human activities, there is a need to create laws which seek to regulate AI systems and other related technologies.

THE SALVATION OF THE LAW

In 1220AD Fredrick II of Hohenstaufen, Emperor of Germany and King of Sicily had issued a decree that separated the responsibilities of doctors and pharmacist—this separation of responsibility was a reduction of power wielded by a single profession then. In 1748, French Philosopher—Baron De Montesquieu—has propounded the separation of power doctrine which has remain hallowed in our society till today. Why not reduce or legally define the power of artificial intelligence?

Super Man of evolutionary technology—Elon Musk—has warned that AI could become the new dictator. In a documentary with Chris Pine, Elon has said that, “The least scary future I can think of is one where we have at least democratized AI because if one company or small group of people manages to develop godlike digital superintelligence, they could take over the world”. Hence, the purpose of the law is to spell the powers and limit the creation of this artificial intelligence. If humans can be stopped by laws, so should AI or this set of AI creators too.

The tidal wave has been that the European Commission in 2021 made a proposal for the creation of the Artificial Intelligence Act. The proposed Act if passed into law will be the first of its kind. In simple terms, it seeks to give life to the argument here—to regulate the power and influence of AI on human affairs. This will be duplicated in other countries as well, because law is progressive and largely, copy-and-paste. In retrospect, the purpose of the law is to regulate human conducts and actions. AI is a product of human creation and it becomes imperative for AI to be subjected to the defining role of the law. Like Lord Denning had accentuated in the case of U.A.C v McFOY, “…you cannot place something upon nothing and expect it to stand”. AI needs to stand and it will do so on the rock of the law.

Written by Oliver Azi, University of Jos

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