Department of Law
Permanent URI for this communityhttps://ir.nbu.ac.in/handle/123456789/2864
The Institution was established as University Law College and was housed in the building of Arts. In the year 2000, it was upgraded to the status of a Department of University of North Bengal with a separate, distinct and prestigious location.
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Item Open Access Combatting Deep-fakes in India – An Analysis of the Evolving Legal Paradigm and Its Challenges(University of North Bengal, 2024-03) Sarkar, Diya; De Sarkar, SudiptaAdvancement of artificial intelligence and machine learning have spurred a new wave of propagation of false content and information about events and people, as part of entertainment, disparagement, fraud, influencing patterns and perceptions of consumers and voters etc., using deep-fake materials and targeted disinformation campaigns. Many institutions now perceive deep-fakes as a significantly greater hazard than identity theft, which can also be done with deep-fakes. This is especially true since the COVID-19 pandemic when most interactions went online. The advancement of deep-fake technology has reached a stage where the validity and integrity of any digital audio or video content available online may be called into question. This study presents a conceptualization of deep-fakes, explores their socio-legal ramifications, and evaluates the current legal ecosystem in the United States, Europe, and India. The authors through a comparative review intend to present constructive recommendations for addressing the difficulties posed by deep-fake technology and restoring trust within the digital ecosystem. The primary aim of the authors is to draw attention to the existing vulnerabilities linked to deep-fake technology and underscore the significance of implementing legislative regulations to effectively tackle these problems.Item Open Access Deepfakes on Copyright Law- Inadequacy of Present Laws in Determining the Real Issues(University of North Bengal, 2024-03) Nath, Aranya; B., SreelakshmiWe are in the 21st century, where rapid development of deep fakes technology led to cause harmful consequences justifies some form of regulation. The proposed laws are diverse, addressing many hazards linked with deep fakes. Rather than exploring the field, this Article investigates solutions to a specific set of concerns relating to national security. The interests are concerned with challenges to our social order. A bad actor may use deep fakes to exploit societal differences, destabilize political discussion, and erode faith in political institutions. The ensuing concrete harms might have far-reaching consequences for campaign reform, military operations, and intelligence collection missions, among other things. This Article discusses the legal and constitutional restrictions on any law aiming at legislating deep fakes and the issues related to national security.Item Open Access NOTES AND COMMENTS Regulating Artificial Intelligence under Data Protection Law: Challenges and Solutions for India(University of North Bengal, 2023-09) Naithani, PaarthAs India moves toward enacting a comprehensive data protection legislation, it becomes essential to examine the possible application of India’s proposed data protection law to the use of Artificial Intelligence (AI). The various challenges posed by AI to data protection principles and data principals’ rights need to be examined. The need for data maximisation in the use of AI challenges the principle of collection limitation. The difficulty in anticipating the processing purposes of AI challenges the principle of purpose limitation. With a brief introduction to AI and data protection law in India, the paper examines the compatibility of various data protection provisions under India’s Digital Personal Data Protection Act, 2023 with AI. The paper also provides recommendations for data protection regulation of AI. The paper proposes the need to hold data fiduciaries accountable using Data Protection Impact Assessments, Codes of Practice and Security Measures. Besides, there is a need to define the fiduciary duty of care between the data principal and data fiduciary. There is a need recognize data protection by design and default and the Right against automated decision making. Technical solutions need to be explored, but at the same time, AI must not be over-regulated. Lastly, there is a need for flexibly interpreting the provisions of the proposed data protection law.Item Open Access Excavating the Role of Digital Twins in Upgrading Cities and Homes Amidst 21st Century: A Techno-Legal Perspective(University of North Bengal, 2023-09) Ghosh, Jayanta; Banerji, OishikaConsidering factors like technological up-gradation, digital awakening, sustainability, and smart living with machines, the concept of smart cities and smart homes have stepped in with the helping hand offered by digital twins in this era of the 21st century. Aiming to connect physical objects with virtual ones, digital twins using bi-directional connectivity helps maximize the potential of a city, pushing it to grow beyond its capabilities. A rise in the use of virtual simulation technologies reflects the importance of digital twin technology in today’s complex world. With different countries around the world adopting the concept of smart cities and homes to address various issues, the question is who addresses the detriments of walking in with this new adaptability, and who will be liable in situations of mishappening? The Narendra Modi government has initiated the birth of smart cities in India, thereby mending ways for Amravati to become the first city born out of digital twin technology. Walking in with the great potential to transform urban governance and increase urban metabolism, digital twins powered with Artificial Intelligence, the Internet of Things, 5G, blockchain technology have made a significant place in a man’s daily life. A feasible device for urban planning, the subject of digital twins is divergent enough to have an exhaustive coverage. Therefore, there lies room for further development, study, and implementation of this technology. One must not forget that paralyzed laws and regulations welcoming new sets of challenges possessed by the revolutionary digital twins have been in the spotlight of discussion for some time now. Channelizing the same stands utmost in the era of smart living with the help of a well-planned legal framework to address issues arising from the claws of this technology.Item Open Access Artificial intelligence: copyright and authorship/ownership dilemma?(University of North Bengal, 2022-09) Chaudhary, GyandeepAlong with new creative opportunities, various new legal challenges have been created with the introduction of sophisticated Artificial Intelligence (AI). Computer programs like Google’s Deep Dream create unique and intricate artworks, which is hard to distinguish from human creations. The law is not unaware of artificial intelligence problems; our legal framework is not developed to resolve AI’s rapid development issues. The problem is that our legal system has no answers to apparently uncomplicated questions such as “Who is the creator of a machine-produced painting using AI?” The law does not ignore artificial intelligence problems; our legal framework has not been developed to resolve concerns relating to rapid AI development. Modern copyright laws have been drafted in such a fashion as to take originality into account as a manifestation of the author’s identity, while originality is one of the necessary conditions for copyright subsistence. So, what if we get the personality out of the equation? Do machines create works without copyright? Do we have to amend the copyright law in order to incorporate AI under its ambit? This article will explore these and other questions and potential solutions to the existing problem at hand; who is the author in the case of AI-generated works?Item Open Access Artificial Intelligence, Big Data and Health Privacy : Need for Democratization and Regulation in Health Data Processing System(University of North Bengal, 2022-03) Sehanobis, TridipaThe paper seeks to depict the present status of Artificial Intelligence (“AI”) in the healthcare system of India and its issues relating to data privacy. AI is being a major contributor to health and medical domain not only increase its efficiency but also to gain economic firmness in these sectors in India. Owing to this, comes deep concern on its regulation and law limits while using the personal data of the patients for any other purposes than treatment. The use of AI which entails constant exchange of information and data between the patient and the AI service providers, raises serious concern for data privacy, as they are using the sensitive personal data of the individuals for other purposes like prospective trainings, creating algorithms, advertisement, etc. Hence, with big datasets there is associated serious threat and challenges to the privacy of the individuals, which is required to be addressed. This is possible with the foremost step of the democratization of health data and healthcare where individual will have better access to his/her health information and therefore manage their own health. This can further be implemented through the usage of AI-based technologies, like wearable bands, glucometers, etc. following a due process. Again, the operators of these devices should be strictly regulated through certain regulation and legislation such as Data Protection Bill, which safeguards the privacy of the data owners. The legislature should ensure the passage of the laws following due process, discussion and participation of the people to ensure inclusivity and safeguard the interest of each individual. The paper tries to suggest measures to make use of AI in healthcare ecosystem in a regulated manner so that its use is more of importance than of controversy.Item Open Access Power Play of Artificial Intelligence upon Intellectual Property Rights(University of North Bengal, 2020-03) Ghosh, JayantaUp-gradation of the technology and its interference in human life by the introduction of Artificial Intelligence/robotic machines makes human life vulnerable. These vulnerabilities are more when the question comes to the right issues on the intellectual property. The credibility to the introduction of the Artificial Intelligence/robotic machines depends on humans, but Artificial Intelligence is likely to produce new solutions to problems and in so doing to create intangible outputs that could, at least in theory, be perceived as Intellectual Property. Current intellectual property system is also affected with this technological interference. In this context, the future discussion is one who owns the Intellectual Property rights in creations produced by robots. Artificial Intelligence remains an area where there is frenetic Intellectual Property activity and it has largely been based on protecting Artificial Intelligence systems or applications. But, in near future where machines are deployed to create complex products, the question of Intellectual Property ownership could become clouded. Artificial Intelligence helps solve complex issues simply and sophisticatedly whereas legal ownership on the other hand, may not be fairlysosimple.From an intellectual property perspective, the most interesting aspect is that the resolution asks for the elaboration of criteria for ‘own intellectual’ creation for copyrightable works produced by computers or robots.It may be argued that the machine is a sensible being entitled to ownership rights. It is not difficult to imagine that those bringing the copyright lawsuit had ulterior motives. If a robot or machine could own a copyright, why not a house? And if a machine could own property, perhaps the machine should also have additional rights including the right not to be owned at all. These questions raise issues that go to the very foundations of intellectual property law, including the economic incentive to encourage certain activities, and the ‘moral rights’ associating with according to credit to authors. Here all the rights theory of jurisprudential law comes in trouble to figure out the main issue. The same issues may arise with respect to general Artificial Intelligence. If the Artificial Intelligence was self-aware and capable of creative and inventive activity, why shouldn’t other rights be accorded? But it has toregulate these technologies and without restraining innovation. While considering the ethical and legal implications and consequences of the conflict to be resolved for the future complications.