e-ISBN :978-93-6252-374-7Publisher : Iterative International Publishers (IIP), Selfypage Developers Pvt Ltd.Volume : 3-2024
AIM & SCOPE
In an era defined by unprecedented technological advancements, the intersection of disruptive technology and the legal landscape has emerged as a critical area of study and exploration. As innovations rapidly transform the way we live, work, and interact, they also pose significant challenges to existing legal frameworks, demanding fresh perspectives and novel solutions. It is within this dynamic context that we are pleased to introduce our forthcoming edited book, titled Disruptive Technologies and the Law: Navigating Legal Challenges in an Era of Innovation. This book is born out of a recognition that the legal profession must evolve in tandem with technological progress. From artificial intelligence and blockchain to biotechnology and beyond, disruptive technologies are reshaping industries and societal norms at a pace previously unimaginable. These advancements, while promising immense benefits, also present complex legal questions and potential regulatory dilemmas. Our aim is to provide a comprehensive examination of these issues, offering insights and guidance to legal practitioners, policymakers, academics, and anyone with an interest in the legal implications of technological innovation. The chapters within this volume are contributed by a diverse group of experts, each bringing a unique perspective to the multifaceted relationship between technology and law. Through rigorous analysis and thoughtful discourse, the contributors explore a wide range of topics, including the ethical considerations of AI, the regulatory challenges of emerging financial technologies, the implications of digital privacy and cybersecurity, and the evolving landscape of intellectual property in the digital age. As is seen with the chapters, our intention is not merely to identify and analyse the legal challenges posed by disruptive technologies but to also propose viable solutions. By examining case studies, legal precedents, and emerging regulatory trends, this book aims to provide practical recommendations and forward-thinking strategies for navigating the legal complexities of our technological future. In the first chapter titled Navigating the Challenges of AI Governance in the 21st Century: The European perspective, Sajal Sharma delves into the efforts of the European Union to come up with a law governing the deployment and use of artificial intelligence-based systems in the market. The European Union Artificial Intelligence Act has adopted a risk-based approach towards the regulation of artificial intelligence. It is an elaborate piece of legislation which has set the tone worldwide towards the making of laws for regulating artificial intelligence. In the second chapter titled Disruptive Technology and Impact on Public Law – A Perspective from Criminal Law, Constitutional Law, and International Law, Abhijit B focuses on understanding the impact of disruptive technologies such as deep fakes, drones, etc. on the various realms of Public Law Dr. Bhupinder Singh in his chapter on Stewarding Disruptive Technology, Innovation in Health Data Management: Articulating Profound Break with Previous Patterns Lensing Privacy in Legal Sphere, endeavors to dissect the transformative nature of disruptive technology in health data management, assess the current legal framework's adequacy in safeguarding privacy, and propose strategies for effective stewardship of these technologies in a manner that respects individual privacy rights. In Understanding the Technicalities of Mutual Legal Assistance in Criminal Justice Administration, Kushal Srivastava attempts to offer an in-depth exploration of the intricate technical aspects involved in Mutual Legal Assistance is a complex, multi-faceted process that enables one nation to seek and receive legal assistance from another concerning criminal matters, emphasizing its significance in the context of international criminal justice administration. Mutual Legal Assistance is a complex, multi-faceted process that enables one nation to seek and receive legal assistance from another concerning criminal matters. Mansi Shukla and Harshit Mohan explore the interaction between AI and copyright law, examining the legal implications of AI-generated content and its impact on copyright ownership along with the ethical considerations of using AI to create content, and its implications on the copyright law, while also examining the role of AI in detecting and enforcing copyright infringement in the chapter on Artificial Intelligence and Copyright Law: Navigating the Challenges of Ownership, Infringement, and Ethics in the Age of AI Generated Content. Radha Ranjan investigates the complex nexus between technology and criminal responsibility and the difficulties accentuated by modern and emerging technologies in Navigating the Digital Frontier: The Intersection of Technology and Criminal Liability in Modern Jurisprudence. In a similar vein Ranit Kumar Bose in Artificial Intelligence and Indian Judicial System: A Critical Analysis in Perspectives of Speedy Trial addresses the uses of AI as a tool that can efficiently aid the Indian judiciary. A Precursory Legal Investigation of Artificial Intelligence’s Adaptability In Corporate Decision-Making by Prachi Tiwari delves into the multifaceted implications of AI's integration into corporate decision-making. It explores the legal challenges related to liability, bias and discrimination, intellectual property that arise when AI systems play a pivotal role in shaping corporate strategies. Meghna R in Deep Dive into Phishing Practises via Whatsapp Messenger, its Related Penalisation and Protection Laws in India, analyses phishing attacks, especially through the platform provided by Whatsapp, the criminal provisions so attracted, and countermeasures employed to prevent the same. Ishita Verma’s chapter on Privacy in the Age of AI provides a comparative perspective on the legal frameworks that have been put in place to protect the Right to Privacy, which has now been established as an inalienable right. In Interaction of Disruptive Technology And Intellectual Property: Paradigm Shifts By Artificial Intelligence, Shrestha Dayal writes about paradigm shifts occurring within the realm of IP due to AI, and also projects the future trends in the interaction of Intellectual property and AI. Kartik Mehta’s chapter on Chronicles of Regulatory Responses in Digital Lending Industries, contemplates the vast possibilities that lie within the realm of digital lending, but envision the transformative impact it could have on the accessibility and caliber of financial services for the broader populace. Ownership, Authorship, and Accountability: A Deep Dive into Copyright and Trademark Challenges of Works Created by AI, by Ashlesha Shrivastava, analyses what is AI-generated work and differentiates it from AI-assisted work. The chapter also examines the authorship and ownership of works created by AI in context of present international legal frameworks, and the issues faced by the current regime. Shivangi Shukla and Rahul Pareek provide an interesting insight into the future in their chapter on Attribution of Personhood to Artificially Intelligent Machines wherein they test Artificially Intelligent Machines against accepted theories of personhood. We hope that the readers find the book as exciting as we found it while working on this. As editors, we hope that this book will serve as a catalyst for further research, discussion, and innovation in the legal field. We invite you to join us on this journey of exploration and discovery, as we navigate the legal challenges and opportunities presented by an era of unparalleled innovation
Chapter 1NAVIGATING THE CHALLENGES OF AI GOVERNANCE IN THE 21st CENTURY: THE EUROPEAN PERSPECTIVEhttps://www.doi.org/10.58532/nbennurdtch1
Chapter 2DISRUPTIVE TECHNOLOGY AND IMPACT ON PUBLIC LAW –A PERSPECTIVE FROM CRIMINAL LAW, CONSTITUTIONAL LAW, AND INTERNATIONAL LAWhttps://www.doi.org/10.58532/nbennurdtch2
Chapter 3STEWARDING DISRUPTIVE TECHNOLOGY, INNOVATION IN HEALTH DATA MANAGEMENT: ARTICULATING PROFOUND BREAK WITH PREVIOUS PATTERNS LENSING PRIVACY IN LEGAL SPHEREhttps://www.doi.org/10.58532/nbennurdtch3
Chapter 4ATTRIBUTION OF PERSONHOOD TO ARTIFICIALLY INTELLIGENT MACHINEShttps://www.doi.org/10.58532/nbennurdtch15
Chapter 5NAVIGATING THE DIGITAL FRONTIER: THE INTERSECTION OF TECHNOLOGY AND CRIMINAL LIABILITY IN MODERN JURISPRUDENCEhttps://www.doi.org/10.58532/nbennurdtch5
Chapter 6UNDERSTANDING THE TECHNICALITIES OF MUTUAL LEGAL ASSISTANCE IN CRIMINAL JUSTICE ADMINISTRATIONhttps://www.doi.org/10.58532/nbennurdtch6
Chapter 7A PRECURSORY LEGAL INVESTIGATION OF ARTIFICIAL INTELLIGENCE'S ADAPTABILITY IN CORPORATE DECISIONMAKINGhttps://www.doi.org/10.58532/nbennurdtch7
Chapter 8CHRONICLES OF REGULATORY RESPONSES IN DIGITAL LENDING INDUSTRIEShttps://www.doi.org/10.58532/nbennurdtch8
Chapter 9DEEP DIVE INTO PHISHING PRACTISES VIA WHATSAPP MESSENGER, ITS RELATED PENALISATION AND PROTECTION LAWS IN INDIA https://www.doi.org/10.58532/nbennurdtch9
Chapter 10ARTIFICIAL INTELLIGENCE AND INDIAN JUDICIAL SYSTEM: A CRITICAL ANALYSIS IN PERSPECTIVES OF SPEEDY TRIALhttps://www.doi.org/10.58532/nbennurdtch10
Chapter 11INTERACTION OF DISRUPTIVE TECHNOLOGY AND INTELLECTUAL PROPERTY: PARADIGM SHIFTS BY ARTIFICIAL INTELLIGENCEhttps://www.doi.org/10.58532/nbennurdtch11
Chapter 12OWNERSHIP, AUTHORSHIP, AND ACCOUNTABILITY: A DEEP DIVE INTO COPYRIGHT AND TRADEMARK CHALLENGES OF WORKS CREATED BY AIhttps://www.doi.org/10.58532/nbennurdtch12
Chapter 13ARTIFICIAL INTELLIGENCE AND COPYRIGHT LAW: NAVIGATING THE CHALLENGES OF OWNERSHIP, INFRINGEMENT, AND ETHICS IN THE AGE OF AI-GENERATED CONTENThttps://www.doi.org/10.58532/nbennurdtch13
Chapter 14PRIVACY IN THE AGEOF AIhttps://www.doi.org/10.58532/nbennurdtch14
EDITORIAL BOARD MEMBERS
Abhijit B,Assistant Professor Senior Scale in the domain of Law at the School of Law, UPES, Dehradun.
Sajal Sharma, Assistant Professor (Selection Grade) at the School of Law, UPES, Dehradun.