جستجوی مقالات مرتبط با کلیدواژه « artificial intelligence » در نشریات گروه « فقه و حقوق »

Applying artificial intelligence in criminal investigations makes it necessary to examine the probative value of intelligent evidence such as silent testimony, admission of confession, expert theory, and intelligent tracker in criminal policy based on Sharia doctrines such as Iran's criminal policy.  The present article, with the descriptive-analytical method, based on the sources and evidence in the field of proof of claim, tries to examine the probative value of these proofs in an intelligent state. The findings of the research indicate that by carefully examining the judicial procedure of the courts, the modern performance of smart technology, and the dominant view of the authorities and the public, we will find that the reference to silent testimony recorded and transmitted confessions, the opinion of an expert, intelligent tracker or detective in the judicial process. It is not unlikely and far from expected. Regarding the silent testimony in crimes, perhaps it can be given more objectivity than human testimony and viewed as visible evidence. In addition, in some cases, the opinion of an expert and the use of a smart tracker may be able to provide the knowledge of the judge more than other evidence. Therefore, the full implementation of this action in the near future and with the growth of the use of artificial intelligence is an inevitable phenomenon, and the public and judicial must be prepared to coordinate with the speed of its development.

Artificial intelligence is one of the most basic and serious topics of research and investigation in the world today. Artificial intelligence is progressing and developing in a lightning-fast and amazing manner in the current era. Very soon, we will see huge changes and developments in this type of new technology. This new technique and technology has been widely used internationally in various professions and industries. The profession of law, law, and distributive justice is not exempt from this issue; now this question is raised, which of the tools will be more useful and appropriate to achieve distributive justice; Human intelligence or artificial intelligence? Is it possible to bring society closer to real justice and fairness with this new technology in this modern era? What is certain is that artificial intelligence with the behavior of human intelligence strengthens capabilities and increases efficiency. Therefore, the findings using descriptive, analytical, and argumentative methods show that artificial intelligence in terms of speed, accuracy, and decision-making power in analysis and problem analysis is more effective and efficient compared to human intelligence. Thus, the use of this new technology helps a lot in the fair distribution of incomes, opportunities, and important economic issues in society. Although the negative effects caused by the expansion of this new technology cause economic, educational, moral, and other discriminations and inequalities; however, it is possible to reduce the negative effects of these inequalities caused by the development of this new technology by exercising caution, carefully managing and monitoring data, creating programs and supporting laws, and using artificial intelligence technology based on the principles of distributive justice.

Preventing crimes related to counterfeit drugs, due to the technologies used in the production and distribution of these drugs, will not have a bright outlook with traditional methods such as field surveillance. Therefore, adopting appropriate preventive measures requires the use of innovative technologies capable of detecting these crimes on a large scale and with high accuracy. In this regard, artificial neural networks such as recurrent neural networks, generative adversarial networks, and convolutional neural networks, inspired by the structure of the human brain, are capable of detecting these crimes. However, each of these networks has its drawbacks, ignoring which makes the legal system face difficulties in preventing these crimes. Therefore, the present study, through a case study method, seeks to identify the most efficient neural network for preventing these crimes. The outcome of this research indicates that the legislature has paid special attention to the monitoring technique in the prevention domain but has not defined the tools for this monitoring. Nevertheless, the Food and Drug Administration, using the Titac system (tracking code), identifies the discovery of crimes in this area. However, due to the non-intelligence of the system, it will not be able to detect all forms of fraud. Therefore, simultaneous use of three networks (recurrent neural networks, generative adversarial networks, and convolutional neural networks) in the form of a composite neural network seems to improve the detection of drug crimes on a large scale.

The development of artificial intelligence and the strengthening of some features of this technology have made significant changes in various aspects of law. One of the most important features of the aforementioned is the increase in creativity that has led to the realization of Generative artificial intelligence. Generative artificial intelligence, with its special nature of creativity, can play a role in various fields, including the creation of literary and artistic works. Considering the participation of artificial intelligence in the creation of works, it is necessary to examine the legal consequences of such participation. To achieve this goal, the present research, with a descriptive-analytical approach and utilizing the comparative method, by clarifying the nature of creativity and explaining the role of Generative artificial intelligence in the creation of works, has raised several legal consequences. Regardless of other issues, the challenges related to the attribution of ownership, the challenges related to granting personality to artificial intelligence, and issues related to the complexities of legislation are among the most important legal consequences of this issue. According to this research, there are different solutions, including the definition of sui generis intellectual property rights, granting limited personality to artificial intelligences, and finally benefiting from the experience of other legal systems regarding the flow of related laws and regulations and defining the necessary criteria.

Artificial Intelligence, as one of the most important grounds of new technologies, infiltrates all aspects of human being life. one of these aspects is the inventions created by artificial intelligence, and this question will arise that if artificial intelligence would benefit legal rights of inventions? what is the necessity of recognition of this legal right, and what are the challenges of recognition in the framework of traditional system of intellectual property law? The current article studies the possibility of inventorship of artificial intelligence, with a focus on DABUS, the famous case in which DABUS is named as an inventor in a  patent application. The current research tries to examine the possibility of reconciling the requirements of invention patentability with the specifications of artificial intelligence, and investigate the possibility of inventorship and ownership of artificial intelligence using an analytical-descriptive method while addressing the process of DABUS case. Although DABUS patent applications have thus far failed in most legal systems, most requirements of patentability coincide with the features of artificial intelligence. Even Civil law countries acknowledge that originality cannot be assessed according to artistic quality, and it is necessary to apply different standards of originality for different types of works. Thus, the basis of IP protection should be reviewed. This study concludes that the recognition of DABUS as an inventor in some international patent offices can be the beginning of making changes in new patent system and also the recognition of other legal rights, namely the personality right of artificial intelligence.

With the expansion of the use of computers and the Internet in everyday life, crimes related to cyber space have also increased. This shows the importance of adapting legal rules and regulations to new technologies and realities. This may cause legal challenges. Accordingly, the purpose of this article is to examine the question of what is the approach of the criminal law of Iran and the European Union to the criminal liability of artificial intelligence? This article is descriptive and analytical and it has investigated the mentioned subject by using the library method. The findings indicate that there is no criminal liability for artificial intelligence in European Union law and the requirement for criminal liability of artificial intelligence is that it has a legal personality. Criminal liability is not defined for artificial intelligence in Iran's criminal law. The impossibility of achieving the goals of punishment, the unenforceability of corporal and deprivation of liberty punishments and financial punishments are the most important challenges of assigning criminal responsibility to artificial intelligence.

Intelligent State is the State which is the artificial intelligence (AI) its agent and not human beings. The technological process is shown that such States will be established beyond electronic State and Cyber State on the basis of human reliance on optimized decision making by AI and transformation of the constitution to the constitutional algorithms. The present descriptive-analytical paper seeks to answer the question of that what would be the position of human rights at the possible future fulfillment of the intelligent State. This shows that wide information which is given by users and citizens to them, leads to more confidence in AI. So, it is expected that AI will revolve the concept of privacy and many jobs and make fundamental changes in social institutions such as the family. This process requires that democracy and political rights which is aroused to find new concepts to evolve supervision on the State, to develop citizenship to AI and causes losing human rights’ position in international relations. In fact intelligent State is a danger to human dignity itself and what it will dispose this danger is global consensus on constitutional algorithms ethics and values.

Artificial intelligence has proven its effectiveness in various fields, and law and solving legal issues have not been immune from this influence. One of these areas is related to children's rights, where the presence of artificial intelligence can manage and organize many problems in decision-making well. In this article, the objective applications of artificial intelligence in solving children's rights are mentioned, and the capabilities and rules of its application in Iran's legal system are examined.

In this study, Science Direct, Ovid, PubMed, SID, Magiran and Google Scholar search engine using keywords and phrases of artificial intelligence, machine learning and children’s rights. "Children's rights", "Convention" were searched. In the case of articles, the years (2015 to 2023) were used. A total of 7 articles related to the purpose of the study were identified and used in the compilation of the study.

By including the responsible use of AI in educational curricula, public participation in decision-making processes, and establishing strong frameworks and regulatory oversight, we can protect the well-being of children interacting with AI-based technologies.

Protecting children in the era of artificial intelligence requires a comprehensive approach that integrates ethics, human rights, and child-centered considerations.

Research on the impact of artificial intelligence on fundamental freedoms and human rights is of great importance and can help preserve fundamental rights and human rights in the digital world. Artificial intelligence algorithms are typically designed in a complex and non-interpretable manner, which may lead to violation of human rights or the use of such algorithms in the collection and processing of personal data, thereby violating privacy or legal rights of individuals. With the transparent and interpretable design of artificial intelligence algorithms which should be developed by organizations and governments and by using privacy protocols and laws in collecting and processing personal data and designing appropriate mechanisms to modify and protest decisions, it is possible to mitigate the challenges arising from the use of artificial intelligence. The main goal of this research is to gain a deeper understanding of the impacts of this innovative technology on the principles and fundamental concepts of human rights and fundamental freedoms. This article uses library tools and descriptive-analytical methods to better understand the challenges and opportunities that artificial intelligence creates for human rights and fundamental freedoms or threatens them. The present research focuses on providing solutions for determining appropriate legal standards to preserve fundamental rights and manage them in the digital world.

The attitude of Roman law towards the slave is that the slave has no rights. In this legal system, slaves were considered as objects that could be owned by another human being. But the fact that they were also human beings distinguished slaves from other objects of ownership. When we examine the status of slaves in Roman law, we will see some similarities to the status of robots, which there is general agreement will soon become a part of our human lives. A slave can be defined as a self-centered, decision-making and emotional possession. The same applies to robots. Therefore, robots can be considered the technological relatives of slaves. All this information leads us to the conclusion that if there were to be legal regulations about robots, the rules could easily be adapted from Roman law. In this article, a comparison has been made between robots and slaves by providing information about them. With the help of this comparison, it will be clear why their legal status is similar. Then, discussions have been studied about how to regulate the regulations related to the civil and criminal liability of robots in a theoretical and descriptive analytical format.

Artificial intelligence has emerged as a key component of cybersecurity due to its ability to assess security threats in real-time and take appropriate action. AI is now more influential in identifying and stopping attacks that keep businesses on the cutting edge. Identifying and preventing threats is the main focus of the role of artificial intelligence in cyber security. If cyber attacks and attacks are carried out using artificial intelligence algorithms, defense against them requires more advanced technologies, and using them to collect and analyze data may lead to the violation of users' privacy. It may also in some cases not be able to correctly predict how a cyber attack will be carried out, which can lead to a decrease in cyber security.Research on improving the capabilities of artificial intelligence to detect and prevent cyber attacks, identify suspicious patterns and behaviors, and implement effective security measures can create significant improvements in cyber security. Also, examining data analysis in order to identify unusual patterns and behaviors of users. It can help in the early detection of cyber attacks and their prevention, and promoting the use of advanced encryption technologies to protect data and prevent unauthorized access to them can make significant improvements in cyber security.One of the main findings from the research on the impact of artificial intelligence on increasing cyber security and data protection is that the use of artificial intelligence can provide significant improvements in the detection, prevention and management of cyber attacks through big data analysis, identifying suspicious patterns, and implementing security measures. Automating and improving intrusion detection systems can provide significant improvements in cybersecurity and help reduce security risks online.

Artificial intelligence, akin to any scientific discipline, yields numerous positive and negative impacts. The identification and management of these effects are essential in determining the most appropriate response to a given target in the shortest possible time during conflict. The evolution of technology and its influence on warfare armaments has engendered a new paradigm in armed conflicts. Artificial intelligence is poised to fundamentally transform the dynamics of warfare, as it possesses the capability to amass and scrutinize extensive data from diverse conflict scenarios, enabling it to make more suitable decisions. Consequently, this has contributed to a reduction in loss of life and financial resources in conflicts compared to conventional warfare. Given the alterations introduced by this advancement in the realm of conflict law, several tenets of humanitarian law necessitate revision. Foremost among these tenets is the principle of proportionality. In this article, the redefinition of this principle is addressed, with an initial elucidation of the nature and attributes of artificial intelligence, followed by an exploration of the interplay between humanitarian rights and the principle of proportionality. The role of technology in armed conflicts is then expounded upon, and subsequently, an examination of the application of the principle of proportionality in conjunction with artificial intelligence is conducted, encompassing its effects on the ability to detect, assess, and respond to targets and threats.With the decrease in casualties attributable to the utilization of technology, the principle of proportionality in armed conflicts should be reviewed through a human-centric approach, ensuring the responsible and ethical implementation of this technology.

Artificial intelligence as an emerging technological field is rapidly developing and exploiting globally. The normative and regulation of this technological field has both a positive effect on its growth rate and in other side increases the level of its exploitation by reducing possible negative effects. Achieving these two goals, i.e., accelerating the speed of growth and simultaneous controlling side effects to increase the amount of use of artificial intelligence, through the lever of normative and regulation, requires a guiding macro view. Based on this necessity, the current research seeks to answer the question of how such a normalization process is achieved in the field of artificial intelligence. A descriptive-analytical method has been used. for this purpose. Therefore, in order to cover all aspects, the current research considers the broad meaning in relation to standardization; Therefore, artificial intelligence standardization is defined as a set of laws, rules, regulations and everything trying to somehow bind the field of the technology. Then, the concept of doctrine has been introduced as an upstream policy tool to coordinate and synergize multiple norms emanating from multiple sources. In the next step, it is discussed that the normative process is affected by the socio-political context and the stage of artificial intelligence development. Therefore, the guiding doctrine of artificial intelligence standardization during the evolution of this technology in the country is not fixed and it evolves depending on the conditions. In this regard, four stages have been introduced for the process of doctrinal evolution, including directive, descriptive, structural and positive.In this doctrinal evolution,the general approach changes from a recommendation paradigm to a norm prescription paradigm.In the first stage,guidance doctrine prevails,that is,guidance norms that are currently non-mandatory are presented.

In today's world, artificial intelligence is increasingly gaining attention due to its ability to solve many real-world problems. This technology has penetrated various fields such as medicine, banking, and manufacturing. Despite the significant expansion of artificial intelligence in these fields, it does not have a prominent position in law yet. Artificial intelligence (AI) is increasingly driving advances in technology and business. It is widely used in various industries and the effects of artificial intelligence can be found in almost every aspect of creativity. The development of artificial intelligence is facilitated by large volumes of data and increasing available computing power. Legislators should make the necessary effort to identify it, especially since artificial intelligence has brought various aspects of the legal world under its influence, such as competition and business rights. In competition law, we try to make a fair balance in obtaining profit and economic benefit between different words, but this new technology has challenged the principles of competition law in practice. it should not be interpreted as a legal problem. We should obtain maximum utilization by creating a peaceful legal coexistence between these two institutions. This paper seeks to investigate the existing gaps by comparative study.

Artificial intelligence (AI) is rapidly transforming our world, and there is no exception even in the field of employment and labor rights. The pervasiveness of AI in tasks and activities previously performed by humans has raised concerns about the displacement of human labor and its implications for employment, labor rights, and social stability. AI has the potential to automate many tasks, which could lead to the loss of some jobs. However, AI can also create new jobs and enhance existing performance. The overall impact of AI on employment will depend on various factors, including the rate of automation, workforce skills, and government support policies. The emergence of AI in the workspace presents several legal and ethical challenges, including algorithmic discrimination, data privacy breaches, and accountability, that require addressing. This paper adopts a descriptive-analytical approach to provide legal solutions to address AI challenges in the field of work. These solutions include amending existing laws, enacting new regulations, raising awareness and education, and protecting workers' rights. The aim of this paper is to provide a comprehensive overview of the legal issues arising from AI in the context of labor rights and to offer practical solutions to ensure workers' rights in the AI era.

Today, new technologies are evolving rapidly, and in the meantime, artificial intelligence offers many potential benefits to mankind with its ever-increasing progress. Such technology requires the processing and analysis of significant amounts of data, as well as access to large volumes of big data. However, the ethical issues of artificial intelligence in the digital space must be identified and taken into account to prevent abuse. Therefore, ethical principles should be considered in the artificial intelligence-based system and guidelines should be provided for users who implement artificial intelligence technologies; which can be called digital ethics. Therefore, the main question of the paper is "What are the moral risks of artificial intelligence and is it possible to create liability insurance for artificial intelligence-based systems?". The research method of this paper is theoretical and based on a library data collection tool, and the data analysis method is descriptive-analytical. According to the findings of the research, the most important ethical challenges of artificial intelligence include ethical concerns related to the collection and unauthorized use of personal data, which will lead to the violation of privacy and human dignity. On the other hand, one of the concerns is non-compliance with the ethical principles of bias and data security. As a result, while trying to develop ethical standards with monitoring and accountability for artificial intelligence and digital space, digital liability insurance suggested in utilization of artificial intelligence in the digital space of liability and negligence in digital environments. Providers of digital technologies may require specialized malpractice insurance to address potential liability issues specific to these environments. Insurers must develop policies that reflect the unique risks associated with digital environments.

Artificial intelligence is built on technologies such as machine learning and deep learning neural networks, whose performance relies on a vast amount of high-quality data. Personal data is an indispensable resource for the development of artificial intelligence and the improvement of the efficiency of AI algorithms. Personal data is attributed to individuals and part of an individual's rights and obligations in the analog space can, depending on the case, have a close connection with its proper processing, which ensures the benefits for the data subject and prevents harm against them. Before the advent of artificial intelligence, the volume of personal data processing was relatively small and limited compared to AI; thus, the General Data Protection Regulations (2016) has mandated duties for each instance of personal data processing for the controller and has also determined rights for the data subject regarding each instance of personal data processing. However, considering the technical nature of artificial intelligence, the application of these rules to the algorithmic processing of personal data is fraught with difficulties. This article examines the challenges of the GDPR in protecting personal data under the processing of AI systems and analyzes legislative solutions for protecting personal data in the field of artificial intelligence. The major question of this article is, what is the legislative solution to overcome the challenge of personal data protection in algorithmic processes? This research is conducted using a descriptive-analytical method.

Artificial intelligence is the ability of a computer system to solve problems and perform tasks that would otherwise require human intelligence. Artificial intelligence technologies have evolved for decades. Today, many countries are going to develop artificial intelligence in their military programs. Using artificial intelligence for the military purpose will cause many human rights challenges, especially in the area of ​​privacy which is regarded as a fundamental right in a conflict. This privacy extends to cyberspace, to ensure informational privacy and protection of data. Therefore, this research descriptively analyzes the legal and political arrangements and gaps in international humanitarian law and international human rights to protect the privacy in military artificial intelligence between the parties in a conflict and concludes that despite the shortcomings of international humanitarian law and international human rights law, resisting  national security to protect informational privacy and delegate the definition of international human rights frameworks in the field of artificial intelligence as part of the authority of private companies besides formal and informal legislation can fill gaps in the rules governing the use of artificial intelligence in a conflict.It should be noted that in recent years, the human rights community has been busy with digital rights, and especially with the effects of artificial intelligence technology, and there has been increasing attention to the relationship between international human rights laws and standards governing military artificial intelligence.With regard to the use of artificial intelligence, one cannot ignore the danger of constant tension between the purpose and nature of artificial intelligence on the one hand and its use for ethical decision-making in military matters, even with the presence of human control. It should be noted that the advantages of using artificial intelligence in the military field have great potentialities, but it may also create several challenges. For example, Artificial Intelligent technologies can facilitate autonomous operations, lead to more informed military decision-making, and increase the speed and scale of military operations. However, it may be unpredictable or vulnerable in some ways. Therefore, in addition to the benefits of artificial intelligence in military industries and lowering the cost of the physical presence of the them, threats caused by the use of artificial intelligence, especially in fully autonomous weapons, and the violation of informational privacy and the establishment of a system of responsibility and accountability for filling legal loopholes caused by the use of artificial intelligence is very necessary.In this regard, the first possible danger from a military environment under the supervision of artificial intelligence in case of the silence of humanitarian and international human rights rules, data contamination and as a result the loss of digital, physical, political and community security and the distortion of the fundamental right to human dignity. The competition of countries in the use of artificial intelligence to upset the balance of power in the world community has created an increasing concern about the fall of rights and ethics. In this regard, suggestions can be made to amend the rules of international human rights in order to regulate the regulations of military artificial intelligence during the conflict. First, it is a violation of national security for information privacy. The mere fact that a national action is taken to protect national security cannot be a document of violation of fundamental human rights laws by a country. Second, international human rights standards in the field of artificial intelligence should be included in the statutes of private companies. Empowering employees as part of the authority of companies is one of the things that can limit the use of artificial intelligence outside the framework of human rights. And, the promotion of the rules of international humanitarian law whether formally or informally.Informal legislation includes common understandings based on non-binding resolutions and declarations, guidelines and regulations of uniform professional conduct, the practices of industries, domestic laws and policies, civil society reports and political policies, and international and transnational dialogues. Also, redefining and amending official human rights treaties by international institutions can cover digital rights under the rules of international human rights and humanitarian rights. Despite this, although data protection and information privacy regimes are not applicable due to the exclusion of national security of countries, but by establishing informal norms and legislation in international humanitarian law, it is possible to help include the ethics of artificial intelligence in the contemporary laws of war. It is a key factor in human control, which is necessary to comply with international humanitarian law and to satisfy ethical concerns, as a basis for internationally agreed limits on independence in weapons systems. This research has tried to provide a strategy upon which helping the international community to strengthen the rules of humanitarian law and international human rights against the threats caused by the use of artificial intelligence in the military context in the field of violation of the right to informational privacy and accountability of those who violates it.

In maritime law, the duty of the carrier to make the vessel seaworthy is one of the fundamental obligations in the contracts of carriage of goods by sea, so that the non-performance of this obligation may lead to the contractual liability of the carrier towards the owner of the goods. The aforementioned obligation is considered to be a multifaceted obligation, one of the important aspects of which is the hiring of a competent crew to sail the vessel to its intended destination. Therefore, if there is no crew on board or the crew recruited does not have the necessary qualifications, there is no doubt that the vessel is unseaworthy.
The recent emergence and expansion of artificial intelligence has impacted nearly all industries, including shipping. Large companies in the shipping industry are currently focused on constructing autonomous vessels using this technology. The vessels are constructed with the main approach of relying solely on artificial intelligence for navigation at sea, without the intervention of a crew. This replacement of the crew with artificial intelligence raises fundamental legal questions. One such question is how the carrier can fulfill its seaworthiness obligation without the presence of a crew. In this regard, it is important to consider whether existing international rules can be applied to autonomous vessels or if new rules should be created to account for the unique nature of this vessel class.
From a technical perspective, autonomous vessels can have varying degrees of autonomy. However, current research primarily focuses on fully-autonomous vessels. The full degree of autonomy in this category of vessels means that the vessel is able to make decisions and determine the necessary actions without the intervention of humans and solely by relying on its operating system. In response to the above-mentioned questions, different approaches have been proposed. While emphasizing the effectiveness of existing traditional rules, some believe that based on the concept of “functional equivalence,” existing international rules can also be applied to this category of vessels. In fact, according to this approach, artificial intelligence in fully autonomous vessels is supposed to do the same work that crews do in conventional vessels; therefore, based on the functional equivalence, the existing rules can be applied to artificial intelligence. On the other side, another group, referring to the “black box” problem of artificial intelligence, believes that the reformulation of the doctrine of seaworthiness should be put on the agenda in such a way that the seaworthiness of the vessel can be assessed by evaluating the algorithms used in artificial intelligence. The said problem can be explained in this way: although the input data and the output result of artificial intelligence are comprehensible by humans, humans cannot understand the decision process taken by artificial intelligence and its reason. There is, therefore, no way to evaluate whether the algorithms used in artificial intelligence are suitable for the intended sea voyage or not, and inevitably, the concept of seaworthiness must be reformulated. Finally, the third approach finds the solution in revising the existing rules because the nature of artificial intelligence requires that appropriate rules be imposed to assess the seaworthiness of autonomous vessels, and the existing rules cannot be interpreted in such a way to be applied to the mentioned vessels.

Artificial intelligence has proven its effectiveness in various fields, and law and solving legal issues have not been immune from this influence, its concrete applications have been observed in various legal fields, and its future capabilities are also being investigated. One of these areas is related to family law, where the presence of artificial intelligence can manage and organize many problems in decision-making well. Family law, which includes topics such as marriage, divorce and annulment, financial issues arising from it, fostering and maintenance of children, is one of the topics that the long decision-making process and referral to the courts, emotional and psychological damages increases and creates an erosion process for the parties. The help and presence of artificial intelligence, in addition to being more accurate in recognizing the personality and areas of commonality or difference between people for life or separation, can also be effective in the decision process to bring more accuracy and speed for such cases  And less harm is caused to people and their mental health, and the possibility of mistakes in decisions is reduced. Various countries have also paid attention to these applications, which are mentioned in this article as the objective applications of artificial intelligence in solving family law issues, and the capabilities and rules of its use in Iran's legal system are examined