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With the rapid advancement of digital technology and the proliferation of artificial intelligence (AI) in various facets of society, the legal landscape surrounding these innovations remains uncertain. The legal framework for AI systems is a complex issue that requires a comprehensive approach, combining binding and non-binding legal instruments that complement each other.
In light of this, Dr Olivia J Erdélyi, a Senior Lecturer at Te Whare Wānanga o Waitaha | University of Canterbury (UC) in the Faculty of Law, emphasises the role of mathematical modelling in identifying gaps in legislation and shaping policies to safeguard society.
“The legal framework for AI systems should cover various aspects, including categorising the risk level of each use case for AI, such as prohibited use, high risk, and minimal or low risk,” she explained. “High-risk AI systems are required to undergo continuous testing, monitoring, and auditing in areas like privacy, cybersecurity, intellectual property, antitrust, algorithmic bias, accuracy, and consumer product/health/safety.”
Dr Erdélyi highlights the challenges posed by legal uncertainty in the context of AI, noting that without specific provisions addressing AI-related issues, predicting court decisions becomes exceedingly difficult.
Drawing attention to the Cambridge Analytica scandal, where a political consulting firm utilised personal data from social media platforms to influence the 2016 United States presidential election, Dr Erdélyi’s research demonstrates how mathematical modelling can illuminate vulnerabilities in privacy and data protection regulations.
In her study, Dr Erdélyi illustrates how anonymised data, which initially conceals personal identities, can be manipulated through AI processing to uncover identifiable connections, thus breaching privacy regulations. This revelation underscores the inadequacy of current rules, which focus solely on personally identifiable information, failing to address the potential risks posed by anonymised data manipulation.
The interdisciplinary approach adopted by Dr Erdélyi’s team integrates mathematics, computer science, and law to formulate effective policy responses to AI-related challenges. By combining diverse expertise, they aim to bridge the gap between technological advancements and legal frameworks, ensuring robust regulatory measures.
UC’s Mathematics and Statistics Associate Professor, Gábor Erdélyi, collaborates with Dr Erdélyi, emphasising the importance of interdisciplinary collaboration in addressing AI complexities. Despite the benefits of such collaboration, he acknowledges the communication barriers that impede practical cooperation between scientific fields and policymakers. Overcoming these barriers necessitates mutual understanding and effective communication channels between stakeholders.
While awaiting comprehensive AI legislation, Dr Erdélyi advocates for leveraging existing laws as a foundation for addressing AI-related challenges. However, she underscores the imperative of designing new laws tailored to the unique demands of AI technologies to prevent potential loopholes and mitigate adverse consequences.
Despite the absence of a dedicated AI strategy in Aotearoa, New Zealand, Dr Erdélyi emphasises the importance of developing indigenous policies that align with international standards while catering to local needs. Striking a balance between international consensus and national sovereignty, she calls for the enactment of binding laws that safeguard individuals’ rights and provide avenues for legal recourse.
The integration of mathematical modelling and interdisciplinary collaboration emerges as crucial strategies in navigating the complex legal terrain surrounding AI. By identifying legislative gaps and formulating targeted policies, stakeholders can harness the potential of AI technologies while safeguarding societal values and individual rights.
The evolving legal landscape demands proactive measures to adapt regulatory frameworks to the challenges posed by digital innovation, ensuring equitable and transparent governance in the AI era.
As artificial intelligence (AI) increasingly influences society, regulatory frameworks will be essential in determining the trajectory of this impactful technology. Dr Erdélyi concluded that cooperation among governments, industry players, and the general public is vital for creating regulations that encourage the responsible development and application of AI, especially for New Zealand and beyond.
