INTRODUCTION

Open Language AI is an artificial intelligence technology that understands and responds to human language in a natural way. While traditional chatbots and virtual assistants rely on pre-programmed responses, Open Language AI uses machine learning algorithms to analyze quantum amounts of data, and generate responses that are human-like and relevant in context. They can hold actual conversations regardless of whatever area or context.

Open Language AI, such as virtual assistants like Siri, Alexa, and advanced chatbots that make use of the Generative Pre-trained Transformer 3 like the recently rolled out ChatGPT, Google Bard, are increasingly becoming ubiquitous in our daily lives. According to statistics by Invgate, ChatGPT gained 1 million users in under a week of its release in November 30, 2022. The Chatbot accumulated 57 million monthly active users in its first month of availability, and surpassed 100 million active users in January.

Open Language AI can be used, and is being used in a variety of sectors, including, but not limited to customer service, healthcare, education, and finance. A chatbot using open language AI could understand and respond to a customer’s questions in a more conversational manner, providing a more personalized experience. In Law firms, ChatGPT is beginning to assist Lawyers with tasks like Research, Legal Drafting, thereby freeing time for Lawyers to focus on more complex legal issues.

While Open Language AI represents a major advancement in AI technology and has the potential to improve human-machine interactions and make AI more accessible to the general public, it raises important ethical questions, including, but not limited to the impact it has on employment, privacy concerns, algorithmic bias, and the potential for AI to be used for malicious purposes. It is pertinent that these ethical considerations are viewed through a legal lens for the development of responsible policies and frameworks for the development and use of Open AI technology.

This article explores the legal and ethical issues surrounding open language AI. It covers the technical aspects, as well as responsibility and liability concerns. Using case studies and analysis, it delves into the complexities of the relationship between open language AI and the law, and ethical considerations in its use. Overall, the article aims to contribute to the ongoing discussion around responsible innovation and ethical development of open language AI.

TECHNICAL CONSIDERATIONS IN THE DEVELOPMENT AND USE OF OPEN LANGUAGE AI

The rapid advancement of Open Language AI is predicated on complex algorithms and machine learning techniques to process and generate language-based communication, whether in audio form or text. This section briefly examines some of the technical considerations that are involved in the development and use of open language AI.

• Natural Language Processing (NLP)

The major feature of the Open Language AI is the ability to comprehend, process, and generate natural language, and this, it achieves through its Natural Language Processing (NLP) feature. It analyzes and interprets the human language in a way machines can understand, and it makes use of several techniques, including but not limited to syntactic parsing, named entity recognition, and sentiment analysis

• Machine Learning

Machine learning is a subset of Artificial Intelligence that focuses on the use of data and algorithms to imitate the human learning process, and to improve accuracy. Open Language AI systems rely on Machine Learning techniques to process and analyze large amounts of data in order to generate accurate and responses that are contextually relevant. It involves training algorithms on large datasets to identify patterns and make predictions. With this process, Open Language AI systems improve in its performance over time as it is exposed to more data.

• Deep Learning

Deep Learning is a subset of machine learning. It involves training artificial neutral networks to be familiar with patterns in Data. The algorithms use multiple layers of interconnected nodes (artificial neurons) to learn increasingly complex representations of the input data.

The neural networks have many layers (hence the word ‘deep’), which enables them to learn hierarchical representations of the data. Each layer of nodes identifies features of the data at a different level of abstraction, with higher-level layers building upon the representations learned by lower-level layers. 

Deep learning has been successfully applied to quite a wide range of tasks, including but not limited to image and speech recognition, natural language processing, and game playing. Deep learning techniques are particularly effective in processing unstructured data, and can be used to develop more sophisticated open language AI models

• Ethics in AI

Ethical considerations are also an important part of the development and use of Open Language AI. No matter how advanced the concept of Open Language AI is in terms of technology, it is still going to build upon what it was earlier trained to do at its incipience. Issues such as algorithmic bias, privacy concerns, and the potential for AI to be used for malicious purposes have to be taken into account when developing open language AI systems. The process of developing Open Language AI has got to be transparent and accountable. Open Language AI systems have to also be audited and monitored to ensure they are being used in an ethical manner.

While the technical considerations involved in the development and use of Open Language AI are complex and require a deep understanding of the framework of the algorithms and machine learning techniques, they are essential in ensuring that Open Language AI is developed and used in an ethical and responsible manner

LEGAL ISSUES REGARDING OPEN LANGUAGE AI

As Open Language AI gains more ubiquity, there are various legal considerations that have to be taken into account as outlined below:

1. Intellectual Property Rights

Intellectual Property rights refer to the legal protection that is granted to the owners of the creations of the mind including, but not limited to literary and artistic works, inventions, and symbols.

A significant Intellectual Property consideration in using Open Language AI is the question of ownership of the rights to generated text. Depending on the circumstances, text or audio generated by the AI, especially in the context of literary work could be considered a work of authorship and the question is raised regarding who owns the right to the text generated by the AI. 

Also, based on the possible functionalities of Open Language AI, Open Language AI models can learn from pre-existing copyrighted works, which portends a risk of copyright infringement. Users of Open Language AI have to take extra care to ensure that they are not inadvertently copying or infringing on someone else’s copyright, seeing that Open Language AI is able to generate literary works either by itself or from existing datasets.

Late in 2022, Microsoft, GitHub, and OpenAI were targeted in a class action suit that accused them of violating copyright law by empowering Copilot, which is an AI-system that generate codes to regurgitate licensed code snippets without providing credit. Also, the companies behind AI art-based tools, Midjourney and Stability AI have currently been sued by a trio of artists (Sarah Andersen, Kelly McKernan, and Karla Ortiz). The artists alleged that these organizationsorganized infringed the rights of a lot of artists by training their AI tools on a lot of images scraped from the web without getting consent from the original artists.

These are pointers to the fact that Intellectual Property is a huge concern regarding the usage of Open Language AI.

2. Jurisdictional issues

In the context of Open Language AI, another issue that can arise is jurisdictional issues. Open Language AI systems can be deployed globally, and this raises possible conflicts of the applicable laws in the event of legal disputes.

In the event that an Open Language AI system that is operating in the United States infringes on the Intellectual Property rights of a Company based in South Africa, or Nigeria, the question is raised as to which jurisdiction’s law will apply. This question becomes even more complicated when the said breach is involving multiple jurisdictions that have conflicting regulations.

3. Consumer Protection

Open Language AI systems interact with humans, and their actions can have significant consequences for consumers. This factor is intertwined with the issue of Liability, as will be studied later.

If, for example, an Open Language AI system provides incorrect, misleading, or harmful information to a consumer, the consumer may suffer harm, ranging from minor inconveniences to signficant financial losses. For Open Language AI systems like ChatGPT, the hallucination rate, which refers to the rate at which ChatGPT cooks up wrong facts, figures, writeups and information is pegged at 15%-20%. In the event that Consumers are harmed through misinformation by Open Language AI systems, consumer protection realities are triggered.

To address this concern, regulatory agencies may need to develop consumer protection regulations that are specific to Open Language AI systems.

It is also important that the Open Language AI systems disclose their limitations and provide clear disclaimers regarding the accuracy of the information they provide.

4. Data Protection and Privacy

Open AI systems collect quantum amounts of data, including personal data, which may include sensitive information like medical or financial records. The collection and processing of this data raise concerns about privacy and data protection. 

It is important that the data collected by Open Language systems have to be protected and processed in accordance with data protection and privacy Laws. For example, Open Language AI systems have to comply with the General Data Protection Regulation (GDR) if they process data from European Union Citizens. An example of a breach of this was with Clearview AI, which built its facial recognition database by using several images which were scraped from the internet. They were consequently served certain enforcement notices by several data protection regulators.

Under Article 17 of the GDPR of the United Kingdom, people have the right to be forgotten. In essence, people have the right to request the personal removal of their data from the records of an organization. This might prove a little difficult with natural language processing tools is that the system consumes potentially personal data, which is subsequently turned into a soup of data, making it impossible to extra a single individual’s data.

There is also the risk of Data breach. On March 20, 2023, Open AI admitted to the existence of a bug which caused data breach of some of the users of the ChatGPT Plus platform. The bug caused the visibility of payment-related information of 1.2% of the subscribers that were active during a specific nine-hour window. Before Open AI took ChatGPT offline, it was possible for some of the users to see the first and last name, email address, payment address, and the last four digits of the credit card number of other active users.

While no regulatory action has been taken regarding this yet, this is a clear pointer to the fact that Data Privacy and Protection issues are steep and must be addressed.

5. Liability

Liability is another significant legal issue that arises in the context of Open Language AI. Open Language AI systems can make mistakes, which can have significant consequences for users and third parties.

For example, if an Open Language AI system provides incorrect legal advice to a user, the user may suffer harm, and the Open Language AI system’s creator may be liable for the harm caused. Similarly, if an Open Language AI system causes an accident or injury, the creator may be

liable for the harm caused. 

To address these concerns, liability frameworks specific to Open Language AI systems may need to be developed. Such frameworks may require Open Language AI creators to assume some responsibility for the actions of their systems and to provide clear disclaimers about the limitations of their systems.

6. Ethical Concerns

Ethical concerns are another significant legal issue in the context of Open Language AI. Open Language AI systems can be used to automate a wide range of tasks, including tasks that may have ethical implications.

For example, Open Language AI systems can be used to decide who should receive medical treatment or who should be hired for a job. These decisions can have significant ethical implications and may raise questions about fairness and bias.

One example was the Amazon’s AI recruitment tool, which was found to exhibit bias against women. The computer model, which was scrapped in 2018 was designed to help automate the recruitment process by identifying the best candidates for open positions based on their resumes. However, the tool was found to discriminate against women, downgrading resumes that included certain terms such as “women’s” or “female”. While this might not be a subset of the Open Language AI framework, it is important to note that some level of bias can be fed into the framework.

This incident highlights the importance for companies utilizing open language AI to take appropriate measures to ensure that their tools are free from discriminatory biases. In the case of Amazon, the company scrapped the Recruiting Engine after discovering the bias, but the incident raised questions and impacted the reputation of the Company negatively.

To address these concerns, ethical frameworks specific to Open Language AI systems may need to be developed. Such frameworks may require Open Language AI creators to consider the ethical implications of their systems and to develop systems that are fair and unbiased.

LEGAL FRAMEWORK FOR REGULATING OPEN LANGUAGE AI

As open language AI becomes more prevalent, it is important to consider the legal framework that governs its development and use. Legal frameworks for AI are currently being developed at the international, national, and regional levels, and they are constantly evolving as the technology progresses. This chapter examines some of the key legal considerations involved in the development and use of open language AI from a global perspective.

International Legal Framework

There is currently no international legal framework specifically tailored to open language AI. However, several international organizations have published guidelines and recommendations for AI development and use. 

One attempt at regulating Artificial Intelligence is the United Nations Educational, Scientific and Cultural Organization’s (UNESCO) ‘Recommendation on the Ethics of Artificial Intelligence’, which was adopted by 193 member states on November 23, 2021, which outlines ethical principles for AI development and use. It provides guidance to member states and stakeholders on the ethical development and use of AI. The recommendation emphasizes five key principles, including respect for human autonomy, prevention of harm, fairness, transparency, and sustainability. It calls for international cooperation and coordination to ensure that AI is developed and deployed in an ethical and responsible manner that is aligned with human rights and ethical principles.

The Organization for Economic Co-operation and Development (OECD) also published its  “Recommendations on AI” and was adopted in May 22, 2019. The recommendations also provide guidelines for responsible AI development and use.

The recommendations are based on five values, including inclusiveness, human-centeredness, transparency and explainability, robustness and safety, and accountability. The OECD recommendations encourage member countries to promote and foster the responsible development and use of AI that is transparent, inclusive, and respectful of human rights. They stress the importance of ensuring that AI systems are trustworthy and that they are designed and implemented in ways that are consistent with these values. To achieve this, the recommendations call for collaboration between stakeholders, including governments, the private sector, and civil society, to establish effective policies and governance frameworks for AI.

National Legal Framework

National legal frameworks for open language AI are currently in development in many countries around the world. These frameworks typically address issues such as data protection, intellectual property, and liability for AI systems. For example, the European Union’s General Data Protection Regulation (GDPR) imposes strict requirements on the processing of personal data, which may be relevant to open language AI that involves the processing of user data.

Several countries have also established regulatory bodies to oversee the development and use of AI. For example, the United States Federal Trade Commission (FTC) came up with a regulation on ‘Using Artificial Intelligence and Algorithms’ which requires the development of ethical guidelines for the use of AI in ensuring adequate consumer protection. It highlights some guidelines including the need for transparency, explaining key decisions to consumers, ensuring that data models which are fed to consumers are robust and empirically sound, and accountability. 

In the UK, the regulatory framework for Open Language AI and AI in general is still in the process of being developed. However, several laws and regulations apply to the development and deployment of AI systems, and by extension, those that use natural language processing (NLP) technology.

The General Data Protection Regulation (GDPR) applies to AI systems that process personal data. This regulation sets out the rules for the processing of personal data in the European Union, including requirements for obtaining consent from individuals and for ensuring the security of personal data.

The UK government has also established the Centre for Data Ethics and Innovation (CDEI) to develop guidance and recommendations on the ethical and responsible use of AI. The CDEI has published reports on topics such as bias in AI and the use of AI in policing, and it provides guidance to companies and organizations on the ethical development and deployment of AI.

The UK government has also established the AI Council, which is a group of experts from industry, academia, and government who provide strategic advice on the development and implementation of AI in the UK. Additionally, the UK has established the Office for AI, which is responsible for coordinating and overseeing the government’s strategy for AI.

Furthermore, the UK has developed the AI Sector Deal, which sets out the government’s plans for supporting the development and deployment of AI in the UK. The Sector Deal includes initiatives such as funding for AI research and development, the establishment of AI research centers, and the development of AI skills and education programs.

Given the fact that Open Language Technology is still upcoming in Africa, there are only few regulations that border on the ethical issues relating to Open Language AI. In Nigeria, the Federal Competition and Consumer Protection Commission is saddled with the responsibility of ensuring consumer protection and addressing antitrust concerns. Regarding Data Protection, the Nigerian Information Technology Development Agency established the Nigerian Data Protection Regulation (NDPR) of 2019 as a guide to assist data controllers and data administrators/processors understand the controls and measures they need to introduce into their operations in order to comply with the NDPR

In summary, the regulatory framework for Open Language AI and AI in itself is still evolving, with a focus on ensuring the ethical and responsible development and deployment of AI systems that use NLP technology.

CONCLUSION

The legal framework for open language AI is complex and constantly evolving. Intellectual property rights, jurisdictional issues, consumer protection, data protection and privacy, liability, and ethical concerns are just a few of the legal issues that arise in the context of Open Language AI. While there is no specific legal framework for open language AI, there are international guidelines, conventions, and treaties that may be relevant, as well as national and regional legal frameworks that address issues such as data protection, intellectual property, and liability. 

As the technology continues to develop, it will be important to ensure that the legal framework keeps pace with these developments and addresses the ethical considerations involved in the development and use of open language AI. Regulators and lawmakers must work to develop legal frameworks that balance the benefits of Open Language AI, and mitigate the risks involved.

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