Artificial Intelligence and the Rule of Law: Prospects for Legal Regulation and Risks of Unlawful Use.

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The world is currently witnessing rapid technological development, one of its most significant outcomes being the emergence of artificial intelligence technologies, which are playing increasingly important roles in the lives of individuals, institutions, and states. The use of these technologies is no longer limited to scientific and industrial fields; rather, it has expanded into public administration, the judiciary, security, education, the economy, and other areas directly connected to individuals’ rights and interests. Despite the significant advantages artificial intelligence offers in improving performance, accelerating procedures, and enhancing service efficiency, its use raises important legal concerns, particularly when intelligent systems make decisions that affect individuals’ fundamental rights, result in discrimination, violate privacy, spread misleading information, or cause material and moral harm to others. This highlights the close relationship between artificial intelligence and the principle of the rule of law. Technological advancement cannot be considered a justification for bypassing legal safeguards or undermining individual guarantees. Technology should primarily serve humanity and promote the public interest rather than become a tool for harming individual rights or evading legal responsibility. Accordingly, the central issue lies in determining whether existing legal frameworks are sufficient to regulate the use of artificial intelligence and ensure that it remains subject to the principles of legality, transparency, and accountability, thereby preserving the rule of law amid contemporary digital transformations. First: The Concept of Artificial Intelligence and Its Relationship to the Principle of the Rule of Law Artificial intelligence refers to a group of computer systems and technologies that enable machines and software to perform tasks that typically require human capabilities, such as analysis, learning, reasoning, prediction, language processing, and decision-making based on available data and algorithms. The rule of law, on the other hand, means that all individuals and public authorities are subject to the law. No authority may be exercised, nor any decision made, beyond the limits established by law. It also guarantees equality before the law, respect for rights and freedoms, and access to effective judicial oversight. The relationship between these two concepts is reflected in the necessity of subjecting the use of artificial intelligence to legal controls, particularly when public authorities employ it in performing their functions. Algorithms must not become a means of making administrative, security-related, or judicial decisions without a clear legal basis, or without allowing individuals to understand the grounds on which such decisions were made, review them, and challenge them. Therefore, the rule of law requires that intelligent systems remain subject to oversight and accountability, and that human beings and the legally competent authorities remain responsible for decisions and consequences arising from their use. Second: Prospects for the Legal Regulation of Artificial Intelligence The rapid development of artificial intelligence technologies requires legislators to move beyond traditional legal approaches and establish a more flexible legislative framework capable of keeping pace with technological developments. This requires consideration of several fundamental principles: 1. The Principle of Legality: The use of artificial intelligence, particularly by public authorities, must be based on a legal framework that defines the purposes of its use, its limits, and the authorities legally permitted to employ it. 2. The Principle of Transparency: Decisions affecting individuals’ rights should not be based on opaque systems whose operations and decision-making processes cannot be understood. Instead, an appropriate level of explanation and disclosure should be provided. 3. The Principle of Legal Accountability: The individuals and entities responsible for damages resulting from the design, operation, or use of intelligent systems must be clearly identified. The technical nature of a system must not be used as an excuse to evade legal responsibility. 4. Protection of Rights and Freedoms: Legal regulation must guarantee the protection of privacy, personal data, freedom of expression, equality, and non-discrimination, while establishing special safeguards when artificial intelligence is used in areas that directly affect individuals’ lives. 5. Human Oversight: Human involvement must be maintained in reviewing important decisions. Matters affecting fundamental rights should not be left entirely to automated systems without appropriate legal safeguards and oversight. Some international legislative approaches have adopted this framework, most notably the European Union Artificial Intelligence Act, enacted in 2024. It follows a risk-based approach by classifying artificial intelligence systems according to their level of risk, imposing stricter obligations on high-risk systems, and prohibiting certain practices that threaten fundamental rights. Third: Risks of the Unlawful Use of Artificial Intelligence Despite the numerous benefits of artificial intelligence, its misuse may lead to serious consequences that extend beyond technical damage to affect interests and rights protected by law. The most significant risks include: 1. Violation of the Right to Privacy: Artificial intelligence technologies may be used to collect, analyze, and process personal data without lawful consent or a legal basis, posing a threat to the confidentiality of private life. 2. Discrimination and Violation of the Principle of Equality: Algorithms based on unbalanced or biased data may produce discriminatory outcomes in employment, public services, credit services, and other fields, contradicting the principle of equality before the law. 3. Information Manipulation and the Spread of Misleading Content: Artificial intelligence technologies have made it possible to create fake images, audio recordings, and videos that are difficult to distinguish from reality. Such content may be used for defamation, fraud, identity theft, and unlawful influence on public opinion. 4. Threats to Security and Public Order: Intelligent systems may be exploited to carry out cyberattacks, facilitate digital crimes, or spread information that threatens social security. This requires the development of legal and technical measures to address such practices. 5. Ambiguity of Legal Responsibility: Determining who is responsible for damages can be difficult when multiple parties participate in designing, developing, operating, and using a system. This makes it necessary to establish clear rules for allocating responsibility according to the nature of the conduct and each party’s contribution to the damage. Fourth: Legal Liability for Damages Resulting from the Use of Artificial Intelligence Legal liability is one of the most significant challenges arising from the use of artificial intelligence, as intelligent systems may cause harm to individuals or institutions due to design or programming defects, misuse, or failure to take the necessary preventive measures against potential risks. In this context, several parties may bear responsibility depending on the circumstances of each case: • Developer or Manufacturer Liability: This may arise when a defect in the system’s design or development is established, or when the necessary technical and legal precautions have not been taken. • User Liability: This may arise when the system is used unlawfully, beyond its permitted purpose, or deliberately exploited to harm others. • Operator Liability: This may arise when the operator fails to exercise proper supervision, neglects maintenance and updates, or does not take the necessary measures to prevent damage. • Public Administration Liability: This may arise when administrative authorities use artificial intelligence systems unlawfully, resulting in harm to individuals’ rights, in accordance with the legal rules governing administrative liability. This does not mean that artificial intelligence must necessarily be granted independent legal personality. Its ability to learn, analyze, and generate results does not automatically make it a legal person capable of bearing responsibility independently. The general principle is that liability should be attributed to the natural or legal persons who bear legal obligations under the applicable legislative framework. Fifth: The Role of the State in Ensuring the Rule of Law in the Face of Artificial Intelligence Risks The state plays a fundamental role in regulating the use of artificial intelligence, as it is responsible for protecting the legal system, safeguarding rights and freedoms, and achieving the public interest. This role involves enacting clear legislation that defines the scope of the use of these technologies, imposes restrictions on practices involving serious risks, and ensures that both public and private entities are subject to effective oversight mechanisms. It also requires strengthening the role of the judiciary in resolving disputes arising from the use of artificial intelligence and developing judicial and technical expertise to enable courts to understand digital evidence, evaluate automated decisions, and determine legal responsibilities. International cooperation is also essential, as the risks associated with artificial intelligence are not confined to national borders. Their effects may extend across multiple countries, making legislative coordination, the exchange of expertise, and the establishment of international standards necessary to address these challenges effectively. Conclusion The above discussion demonstrates that artificial intelligence represents a fundamental transformation in the nature of legal and social relationships. The progress achieved through these technologies is not without risks that may affect rights, freedoms, and the principle of the rule of law. As the scope of their use expands, the need for legal rules ensuring that they remain within the framework of legality and accountability becomes increasingly important. Legal regulation should not be viewed as an obstacle to innovation and technological progress, but rather as an essential safeguard for directing such progress toward serving humanity and achieving the public interest. The real challenge does not lie in technology’s ability to make decisions, but in ensuring that these decisions remain subject to the law, oversight, and accountability. Findings and Recommendations First: Findings 1. Traditional legal rules may not be sufficient on their own to address all the challenges arising from the advanced use of artificial intelligence. 2. The lack of transparency and the difficulty of explaining certain automated decisions represent challenges to the principle of legality and the right to appeal. 3. Damages resulting from artificial intelligence require a precise determination of legal responsibilities among developers, operators, users, and beneficiary entities. 4. The unlawful use of artificial intelligence represents a potential threat to privacy, equality, security, and fundamental rights. Second: Recommendations 1. Establish comprehensive national legislation regulating the use of artificial intelligence and defining the legal responsibilities and obligations of all concerned parties. 2. Adopt a legal classification of artificial intelligence systems according to the level of risks associated with their use. 3. Strengthen human and judicial oversight of automated decisions, particularly those affecting fundamental rights and freedoms. 4. Develop legislation concerning personal data protection, privacy, and combating cybercrime. 5. Promote international cooperation and the exchange of legislative expertise in the field of artificial intelligence governance. 6.Raise legal and digital awareness to improve individuals’ and institutions’ understanding of the risks associated with the unlawful use of these technologies. In conclusion, the future of artificial intelligence should not be measured solely by its ability to imitate the human mind, but also by the extent to which it operates within a legal framework that guarantees respect for human dignity, rights, and freedoms. This reaffirms that the rule of law must remain the supreme principle governing every form of technological development. University of Al-Mustaqbal – The First and Leading Private University