Following our first AI legal alert, in this article we analyze the concept of artificial intelligence.
We reviewed the initiatives and draft laws on AI in different countries and have concluded that only a few jurisdictions have established definitions of AI/ AI system in their model/ draft laws:
1. In Singapore AI is defined as follows:
- A set of technologies
- That seeks to simulate human traits, such as knowledge, reasoning, problem solving, perception, learning and planning and
- Depending on the AI model, produces an output or decision (such as a prediction, recommendation or classification)
2. The EU in its draft AI Act defines an AI system as follows:
- That is developed with one or more of the techniques and approaches — i.e., machine learning (supervised, unsupervised, and reinforcement learning), logic- and knowledge based approaches and statistical approaches
- That can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations or decisions influencing the environments they interact with
3. In addition, OECD countries adopted the following definition of an AI system:
- A machine-based system
- That, for explicit or implicit objectives, infers from the input it receives how to generate outputs such as predictions, content, recommendations or decisions that can influence physical or virtual environments
- Different AI systems vary in their levels of autonomy and adaptiveness after deployment
In Kazakhstan, a legal definition of AI is still under consideration. We note that Kazakhstan aims to develop its AI framework based on globally accepted approaches.
Based on the above international practices and our research, we believe that Kazakhstan’s definition of AI should at least cover the following characteristics.
- AI is a software or a system, which itself is protected as a copyrighted object and has author(s)
- AI as a copyright object can be assigned / licensed to third parties
- AI simulates human traits and has data processing capabilities
- The main functions of AI are generating content, predicting and assessing risks, and making decisions
In our understanding, the concept of AI might be detailed in the proposed Digital Code, which is planned to be developed in Kazakhstan.
Expect more insightful posts from DENTONS soon!
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Senior Associate, Almaty
D +7 727 258 2380