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DAILY CURRENT AFFAIRS July4,2024 ENVIRONMENT (PRELIMS) Water Hyacinth Context ●It blocks waterways and limits boat traffic, recreation, flood control and wildlife use. ●It produces a dense canopy at the water surface, this exotic pest plant shades out native underwater plant species and can uproot native important to wildlife. Recently, District Panchayat constituted a technical committee to address water hyacinth issue in Kottayam. About emergent species ●Water Hyacinth is an Invasive Alien Species which is native to tropical regions of South America. It is now present on all continents except Antarctica. ●Water hyacinth is known for its rapid proliferation when water levels drop. It significantly impacts community by transport and the inland fisheries sector. ●Water Hyacinth is a densely interwoven plant which tends to accumulate at the openings of canals and rivers leading to the lake system. ●It severely affects the riverine tourism industry and hinders drinking water transportation to Kuttanad and paddy stock movement from polder networks. What are Invasive Alien Species? ●Invasive alien species (IAS) are animals and plants that are introduced accidentally or deliberately into a natural environment. ●In these non-native natural environments, these species pose serious negative consequences for their new environment. ●Parthenium (carrot grass), Cassia Uniflora, Lantana camara, Hyptis suaveolens, Mimosa pudica, Cleome viscosa and Prosopis juliflora are other alien species which are found in India local water the disrupting
DIGITAL INFRASTRUCTURE / GOVERNANACE (MAINS) Digital Jurisprudence in India: The Era of Artificial Intelligence (AI) Context Existing Legal Provisions There is a need for rapid transformation in digital governance in an era of Generative Artificial Intelligence. ●The Shreya Singhal v. Union of India tried to address this problem. In this landmark judgment by the Supreme Court of India, the Court addressed this by upholding Section 79 of the IT Act. ●The Act grants intermediaries ‘safe harbour’ protection against hosting content, contingent upon meeting the due diligence requirements outlined in Section 3(1)(b) of the Information Technology (Intermediaries Guidelines) Rules. ●It means the intermediaries are not liable for the content uploaded on their platform after information and other formalities. About ●Rapid growth in technology coupled with fast-moving Industry 4.0 has made the existing legal frameworks and judicial precedents irreverent. ●These legal frameworks and judicial precedents were designed for a pre-AI world. They may struggle to effectively govern this rapidly evolving technology. ●There are many hindrances which are being faced by the existing framework in Internet Governance. These have been discussed below. providing source Challenges faced by Generative Artificial Intelligence (GAI) Major Challenges faced by the current ‘InternetGovernance’ Framework ●Generative AI tools work as a search engine even though they do not host links to third-party websites. At the same time, they provide results for a particular query. Thus ‘LiabilityFixation’clause is violated amidst the ‘SafeHarbour’is still provided by them. Liability Fixation and Safe Harbour Provision Fixing of liability on “intermediaries” for content hosted by them is one of the most persistent and contentious issues in Internet governance.
●Sometimes GAI tools act as mere “conduits” for user prompts where altering the prompt leads to changes in output. ●It makes the generated content akin to third-party speech, attracts lesser liability for the content generated. content in which one is human while the other one is a machine. ●The 161st Parliamentary Standing Committee Report found that the Copyright Act of 1957 is “not well equipped to facilitate authorship and ownership by Artificial Intelligence”. ●As per existing provisions of Indian law, a copyright owner can take legal action against anyone who infringes on his/her work with remedies such as injunctions and damages. ●However, the question of who is responsible for copyright infringement by AI tools remains unclear. and, therefore, Christian Louboutin Sas vs Nakul Bajaj and Ors (2018) ●In Christian Louboutin Sas vs Nakul Bajaj and Ors (2018), the Delhi High Court held that safe harbour protection applies solely intermediaries. It refers to those entities which function as mere conduits or passive transmitters of information. ●Here, in Large Language Models (LLMs) operations in GAI content, making a distinction between user- generated and content is increasingly challenging. ●This means the GAI uses LLMs to generate content which may be created by humans or may not. Further, the distinction of such content is not done by it. to “passive” Digital Personal Data Protection Act, 2023 (DPDP) ●The Judgment (2017) by the Supreme Court of India established a strong foundation for privacy jurisprudence in the country. ●It led to the enactment of the Digital Personal Data Protection Act, 2023 (DPDP). ●While traditional data aggregators or consent managers concerns during the collection and distribution of personal information, Generative AI does not have some mechanism. K.S. Puttaswamy landmark platform-generated privacy raise Copyright Issue ●According to section 16 of the Indian Copyright Act 1957 “noperson” shall be entitled to the protection of copyright except by the provisions of the Act. ●Here, the law becomes irreverent as there are co-authors of GAI-generated Right to Erasure and Right to be Forgotten
●The “Right to Erasure“as well as “Right to be Forgotten”have been mentioned in the DAPD Act. ●But once a GAI model is trained on a dataset, it cannot truly “unlearn” the information it has already absorbed violating the “Right to be Forgotten”. body similar to copyright societies in the music industry. ●A potential solution is the creation of centralized platforms akin to stock photo websites such as Getty Images which simplify licensing, streamline access to necessary data for developers and ensure data integrity against historical bias and discrimination. Ensuring Effective ‘InternetGovernance’ in India Conclusion Responsible Development of GAI The jurisprudence around Generative AI (GAI) is hazy and yet to evolve according to the modern technologies aided by AI. It demands a comprehensive re-evaluation of existing digital jurisprudence. A holistic, government-wide approach and judicious interpretations by the constitutional courts are essential to maximize the benefits of this powerful technology. But at the same time, it must safeguard individual rights and protect them against unwelcome harm all the while. ●The government must pursue a sandbox approach by granting GAI platforms temporary immunity from liability. ●It will allow responsible development while gathering data to identify legal issues that could inform future laws and regulations. Data Rights and Responsibilities ●The process of data acquisition for GAI training requires an overhaul where developers must compliance by ensuring proper licensing and compensation for the intellectual property used in training models. ●Solutions could sharing or licensing agreements with data owners. Visit our website: https://avadhojhaclasses.com/ prioritize legal revenue- include Licensing Challenges ●Licensing data for GAI is complex as web data lacks a centralized licensing
QUESTIONS 1.“There is a need for robust and 3.Consider the following evolved Internet Governance to statements with respect to the adjust with the evolving AI-based Digital Personal Data Protection technology.’” Elucidate. Act, 2023 (DPDP) 2.Consider the following 1)It ensures the Right to be forgotten. statements concerning Invasive 2)It ensures the Right to Privacy. Alien Species in India; 3)It ensured the Right to Erasure. 1)Water Hyacinth is an Invasive Alien Which of the following statements is/are Correct? Species which is native to tropical regions of South America. A.One Only B.Two Only C.All Three D.None 2)It is known for its rapid proliferation when water levels drop. 3)It blocks waterways and limits boat traffic, recreation, flood control and Answer: C wildlife use. Which of the following statements is/are Correct? A.One Only B.Two Only C.All Three D.None Answer: C