Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 14

“LAWS RELATING TO ROBOTICS”

Submitted by:

Kumar Abhishek, B.A. L.L.B (Hons.)(1333)

Submitted to:

Mr. Gaurav Kumar

Faculty of Cyber Law

This final draft for the fulfilment of project of Cyber Law

SEPTEMBER 2019

Chanakya National Law University

PATNA
TABLE OF CONTENTS

TABLE OF CONTENTS..................................................................................................................................... 2
DECLARATION BY THE CANDIDATE ............................................................................................................... 3
ACKNOWLEDGEMENT ................................................................................................................................... 4
OBJECTIVES OF THE STUDY ........................................................................................................................... 5
HYPOTHESIS .................................................................................................................................................. 5
RESEARCH METODOLOGY ............................................................................................................................. 5
SOURCES OF DATA ........................................................................................................................................ 5
LIMITATIONS OF STUDY ................................................................................................................................ 6
SCOPE OF THE STUDY.................................................................................................................................... 6
CHAPTERISATION .......................................................................................................................................... 7
CHAPTER 1: INTRODUCTION TO cybersecurity AND ROBOTICS ............................................................... 7
CHAPTER 2: Artificial intelligence and robotics ..................................................................................... 10
BIBLIOGRAPHY ............................................................................................................................................ 14
DECLARATION BY THE CANDIDATE

I, hereby, declare that the work reported in the L.L.B (Hons.) Project Report entitled
“LAWS RELATED TO ROBOTICS” submitted at CHANAKYA NATIONAL LAW
UNIVERSITY, PATNA is an authentic record of my work carried out under the
supervision of Mr. Gaurav Kumar. I have not submitted this work elsewhere for any
other degree or diploma. I am fully responsible for the contents of my Project Report.

KUMAR ABHISHEK (1333)

B.A.LL.B (HONS.), 5th YEAR

CNLU, PATNA
ACKNOWLEDGEMENT

I would like to show our gratitude towards our guide Mr. Kumar Gaurav, Faculty of
Cyber Law, under whose guidance, I structured my project.

I owe the present accomplishment of our project to our CNLU librarians, who helped me
immensely with materials throughout the project and without whom I couldn’t have
completed it in the present way.

I would also like to extend my gratitude to my friends and all those unseen hands that
helped me out at every stage of my project.

THANK YOU,

KUMAR ABHISHEK
SEMESTER -9th

CNLU, PATNA
OBJECTIVES OF THE STUDY

The study has following objectives:

 To understand the need for Artificial Intelligence (AI).


 To analyse the effects of AI on the world.
 To find out the laws governing AI powered robots in India.

HYPOTHESIS

The researcher assumes that the laws related to robotics should be liberal in order to
welcome the possibilities of AI in India.

RESEARCH METODOLOGY

The researcher will emphasize and use the doctrinal method to do the research work.

SOURCES OF DATA

Being an explanatory research it is based on secondary data of journals, articles,


newspapers and magazines. Considering the objectives of study descriptive type research
design is adopted to have more accuracy and rigorous analysis of research study. The
accessible secondary data is intensively used for research study.
LIMITATIONS OF STUDY

The researcher has following limitations:

 The researcher is bound by the time (1 month) to do the research.


 The researcher will be confined to the doctrinal mode of research.

SCOPE OF THE STUDY

The research will be a source of further research.


CHAPTERISATION

CHAPTER 1: INTRODUCTION TO cybersecurity AND ROBOTICS

Cybersecurity may be defined as the state of being protected against the criminal or unauthorized
use of electronic data or the measures to achieve this. It is a field which strives to defend
attacks against computer systems which may incorporate control systems, critical
infrastructures and technology transport systems. It ensures five security services namely
Confidentiality, Integrity, Availability, Authenticity and Non repudiation of electronic,
computer and network domains. Most of the organizations, corporations, institutions and
governments collect, process and store magnanimous amount of confidential data and
transmit it across the networks to other systems. One of the most contributing causes of
cybersecurity is the constantly evolving nature of security risks. Even though the traditional
systems have been successful in protecting against significant threats, many possible threats still
remain unchartered. As the volume and sophistication of cyber-attacks increase exponentially,
it is necessary to safeguard information which might be of personal interest as well related
to national security. Thus a body of technologies, processes and practices works towards
securing the networks, computers, programs and data from attack, damage or unauthorized
access. The National Institute of Science and Technology (NIST), defines cyber-attack as a
means of using the cyber space for disrupting, disabling, destroying or maliciously controlling a
computing environment or infrastructure [1]. This will lead to destroying the integrity of the
data or stealing controlled information.

The cyber infrastructure generally comprises of Electronic Information and communication


systems, hardware and software, storage, processing and communication. Cybersecurity being
the biggest risk of technological operations finds its use in almost every realm of technology.
Ranging from real time data analytics to Drones and Robotics, Cybersecurity becomes
critically important as Internet of Things constantly grows. One element of the cyber
infrastructure is the field of robotics which we will be considering in this article.

The history of robots can be traced back to the 20th century when a mere humanoid
machine was introduced. Gradually it developed into what we call the robot nowadays. The
first generation of robots saw stationary, non-programmable, electromechanical devices
which lacked sensors. They were replaced by second generation robots which came with
sensors and controllers. The third generation robot was an even more refined version of the
second generation robot and was full of features. It could be stationary or mobile and could
provide complex programming along with speech recognition and synthesis. The fourth
generation of robots is currently undergoing research and is under the developing phase. Over
the time, the definition for robots has kept on changing. A robot may be defined as a unit
devised to carry out tasks in a repeated manner, keeping a track of speed and precision. The
term robot comes from the Czech word ‘robota’ depicting ‘forced labor’. A robot may be
controlled by a human operator as well as a computer [2]. Robots may be classified into two
types depending on how they are controlled.

Autonomous Robots: These are the robots which do not need human or operator
intervention and can perform tasks by themselves [3]. For instance, the Bump and Go robo
which has bumper sensors to detect obstacles. With respect to every bump that it faces as it
hits the obstacle, it is given the command to change its direction.

Insect Robots: A group of robots which function on the command of a single controller fall
into the category of Insect robots [4]. It is similar to a colony of insects wherein the entire
fleet follows a single leader. Antbo is an insect robot [5].A more vivid definition for a
robot focusses on a few characteristics followed by the device. The characteristics are as
follows [6],

Sensing: A robot must be able to sense its surroundings. For this purpose it is equipped with light
sensors, touch and pressure sensors, chemical sensors, sonar sensors and taste sensors. A
robot lacking sensors is unaware of its environment.

Movement: One of the characteristics which makes robot so proficient is its ability to move. A
robot may be dependent on wheels or walking legs to move. The movement may depict either
an actual displacement in the position of the robot or simple parts of the robot to move.

Energy: A robot must be equipped with the required amount of energy/power to perform its
functions. It may draw power from solar cells, batteries or electricity.

Intelligence: Specific programming may induce intelligence into the robot. These are called as
‘smarts’. The robot must receive the program to act in the required manner.

Thus, a robot can be termed as a system incorporating sensors, control systems,


manipulators, power supplies and softwares functioning simultaneously to accomplish a
task. It requires knowledge from domains like mechanical engineering, physics, electrical and
structural engineering. The concept of mathematics and computing also contribute to the
same. Due to their parallelism with human beings, specific advanced robots are given the
name Android [7]. With the constant evolution of robots, every domain explored by human
beings benefits. Modern robots find their use in space, land, oceans, biology and other
technology oriented domains.

According to the National Aeronautics and Space Administration (NASA), Robotics is the
study of robots which are machines meant to perform specific tasks [8]. Some robots can
do work by themselves. Other robots must always have a person telling them what to do. Of all
the ways NASA uses robotics for, moving large objects in space is probably the most
significant use of robotics.

Consequently, robotics is the branch of engineering that deals with conception, design,
manufacturing and operation of robots. The branch also highlights the importance of
artificial intelligence, nanotechnology and bioengineering. Isaac Asimov proposed a few
postulates termed as ‘Asimov’s three laws of Robotics’ stating that [3],

 Robots must never harm humans


 Robots must follow instructions from humans without violating rule 1
 Robots must protect themselves without violating any rules.
CHAPTER 2: Artificial intelligence and robotics

The use of AI till now has been in the digital world. Robots enable AI to transcend
into the physical world which opens up unimaginable opportunities. Robots with the
help of AI can gather data in the agricultural field and help solve the food crisis.34
Autonomous vehicles are already a reality and it is only a matter of time when
autonomous vehicles would be the main standard. The use of AI based robots could
act1,as a substitute for routine labour and leave humans to do the task that require
creativity and judgment.2 In October 2017, Sophia, a social humanoid robot developed
by “Hanson Robotics”, a Hong Kong based company, which was launched in April
20153, was offered citizenship by Saudi Arabia.4 This opens new avenues for the
assimilation of robots into society whilst also raising several questions on whether the
legal systems in place at present, which deal with robots and AI, are adequate.

1
. https://www.forbes.com/sites/jenniferhicks/2017/03/19/ how-sensors-robotics-and-artificial-intelligence-
will-transform-agriculture/#3c75aa06384b.
2
https://www2.deloitte.com/content/dam/Deloitte/lu/ Documents/operations/lu-intelligent-automation-
businessworld.pdf.
3
https://www.cnbc.com/2016/03/16/could-you-fall-in-lovewith-this-robot.html.
4
https://techcrunch.com/2017/10/26/saudi-arabia-robotcitizen-sophia.
CHAPTER 3: EXISTING LEGAL FRAMEWORK IN INDIA

The Constitution of India is the basic legal framework which allocates rights and
obligations to persons or citizens. Unfortunately, Courts are yet to adjudicate upon the
legal status of AI machines, the determination of which would clear up the existing
debate of the applicability of existing laws to AI machines. However, the Ministry of
Industry and Commerce in India, whilst recognizing the relevance of AI to the nation
as a whole and to highlight and address the challenges and concerns AI based
technologies and systems and with the intention to facilitate growth and development
of such systems in India, the Ministry of Industry and Commerce had constituted an
18 member task force, comprising of experts, academics, researchers and industry
leaders, along with the active participation of governmental bodies / ministries such as
NITI Aayog, Ministry of Electronics and Information Technology, Department of
Science & Technology, UIDAI and DRDO in August 2017, titled “Task force on AI
for India’s Economic Transformation”, chaired by V. Kamakoti, a professor at IIT
Madras to explore possibilities to leverage AI for development across various fields.
The task force has recently published its report,65 wherein it has provided detailed
recommendations along with next steps, to the Ministry of Commerce with regard to
the formulation of a detailed policy on AI in India. The key takeaways from the report
are,

1. The report has identified ten specific domains in the report that are relevant to
India from the perspective of development of AI based technologies, namely (i)
Manufacturing; (ii) Fin-tech; (iii) Health; (iv) Agriculture; (v) Technology for
the differently abled; (vi) National Security; (vii) Environment; (viii) Public
utility services; (ix) Retail and customer relationships; and (x) Education.

2. The report has identified the following major challenges in deploying AI


systems on a large scale basis in India, (i) Encouraging data collection,
archiving and availability with adequate safeguards, possibly via data
marketplaces / exchanges; (ii) Ensuring data security, protection, privacy and
ethical via regulatory and technological frameworks; (iii) Digitization of
systems and processes with IOT systems whilst providing adequate protection
from cyber-attacks; and (iv) Deployment of autonomous products whilst
ensuring that the impact on employment and safety is mitigated.

3. The task force has laid down the following specific recommendations to the
Department of Industrial Policy and Promotion (“DIPP”) in the report,

Page | 11
a. Set up and fund an “Inter – Ministerial National Artificial Intelligence
Mission”, for a period of 5 years, with funding of around INR 1200 Crores,
to act as a nodal agency to co-ordinate all AI related activities in India: The
mission should engage itself in three broad areas, namely, (i) Core
Activities – bring together relevant industry players and academicians to
set up a repository of research for AI related activities and to fund national
level studies and campaigns to identify AI based projects to be undertaken
in each of the domains identified in the report and to spread awareness
amongst the society on AI systems; (ii) Co-ordination – co-ordination
amongst the relevant ministries / bodies of the government to implement
national level projects to expand the use of AI systems in India; and (iii)
Centers of Excellence – set up inter disciplinary centers of research to
facilitate deeper understanding of AI systems, establish a universal and
generic testing mechanism / procedure such as for testing the performance
of AI systems, such as regulatory sandboxes for technology relevant to
India, fund an inter disciplinary data integration center to develop an
autonomous AI machine that can work on multiple data streams and
provide information to the public across all the domains identified in the
report.
b. Data Banks, Exchanges and Ombudsman: Set up digital data banks,
marketplaces and exchanges to empower availability of cross-industry data
and information. The report goes on to clarify that there should be
regulations enacted in relation to sharing and security of such data. The
Ministry of Electronics and Information Technology (“MeitY”) may be the
nodal agency for setting up of such centers, whilst the DIPP can drive the
formulation and implementation of the regulations related to data
ownership, sharing and security / privacy. In addition the report states that
the Ministry of Commerce and Industry should create a data-ombudsman,
similar to the banking and insurance industry to quickly address data
related issues and grievances.
c. Standards: The report proposes that the Bureau of Indian Standards (“BIS”)
should take the lead in ensuring that India proactively participates in and
implements the standards and norms being discussed internationally with
regard to AI systems.
d. Enabling Policies: The task force has recommended that the policies are
enacted that foster the development of AI systems, and has stated that two
specific policies be enacted at the earliest, namely, (i) Policy dealing with
data, which deals with ownership, sharing rights and usage of data – The
report suggests that MeitY and the DIPP drive the effort to bring about this
policy; and (ii) Tax –incentives for income from AI technologies and

Page | 12
applications – The report suggests that MeitY and the Finance Ministry
collaborate to drive this policy and fix incentives for socially relevant
projects that utilizing AI systems / technology.
e. Human Resource Development: The report proposes that an education
curriculum and strategy is put in place to develop adequate human
resources with the required skill sets to meet the growing demands for
professionals who can handle AI systems. The report suggests that the
Ministry of Human Resource Development and the Ministry of Skill
Development and Entrepreneurship drive this effort.
f. Bilateral Co-operation and International Rule Making: The report proposes
that inter-ministerial collaborations are set up / constituted, to ensure that
India actively participates in discussions and meeting centered on AI in
international forums. Additionally, the report also suggests that the
government should leverage key bilateral partnerships with other nations to
inculcate and encourage mutual discussions and exchange of knowledge
and information pertaining to AI and regulations in relation to AI.

While the recommendations provided by the task force are well thought out
and seem to be along the lines of encouraging the growth and assimilation of
AI based technologies and systems in India, we will have to wait to see if there
is any concrete action undertaken in India, based on these recommendations.

Page | 13
BIBLIOGRAPHY

Websites

 https://www.iasexpress.net/national-digital-communications-policy-2018/
 https://pib.gov.in/newsite/PrintRelease.aspx?relid=183711
 www. dot.gov.in › whatsnew › national-digital-communications-policy-2018
 https://inc42.com › features › broadband-for-all-4-mn-jobs-by-2022-indus.
 https://indianexpress.com › India

Page | 14

You might also like