03-04-2024 CARE mains practice

Q1. Discuss the significance of the recent agreement between the United States and the United Kingdom to collaborate on developments in Artificial Intelligence Technology.  Analyse the challenges faced by lawmakers worldwide in regulating artificial intelligence (AI) technology amidst rapid innovation in the industry. (250 words).


Topic- Artificial Intelligence:


Introduction:

The recent agreement between the United States and the United Kingdom marks a pivotal moment in the advancements and as well as regulation of Artificial Intelligence (AI) technology. Arising from commitments made at the AI Safety Summit held at Bletchley Park in 2023, this collaboration underscores a shared dedication to ensuring the safety and reliability of the most advanced AI models. Both the nations through the agreement are aiming to develop rigorous testing frameworks by pooling their expertise and resources.

Body :

    • About AI
    • Significance of Agreement
    • Challenges faced by law-makers in regulating A.I.
    • India’s stand with respect to AI

Conclusion :                                                                                                                                                                                                                                       

The collaboration between the U.S. and the U.K. on AI is a positive step towards advancing the field of Artificial Intelligence. The developments are relevant at a time when lawmakers across the world are face significant challenges in regulating AI effectively robust development of the technology. Addressing these challenges requires a coordinated effort involving governments, industry stakeholders, researchers, and civil society to ensure that there is a responsible development and deployment of AI for the benefit of society.

UPSC Syllabus Artificial Intelligence:

 

Why was this question asked?

Q) Discuss the advantage and security implications of cloud hosting of servers vis-a-vis in-house machine-based hosting for government businesses (UPSC GS Main 2015)

Introduction

As part of the agreement, United States and United Kingdom will align their scientific approaches match and speed up the development of robust suites of evaluations for AI models, systems, and agents. The Safety Institutes of respective countries has laid down their plans to develop a unified approach to AI safety testing and share their capabilities to address risks effectively. The countries intend to perform at least one joint testing exercise on a publicly accessible model.

Body Status : 

About AI

  • Artificial intelligence allows machines to match, or even improve upon, the capabilities of the human mind.
  • From the development of self-driving cars to the proliferation of generative AI tools, AI is increasingly becoming part of everyday life.
  • AI systems work by ingesting large amounts of labeled training data, analyzing the data for correlations and patterns, and using these patterns to make predictions about future states.

Significance of Agreement:

  • Technological Advancement: Collaboration between two major players in AI can significantly contribute to breakthroughs in areas such as machine learning, natural language processing, computer vision, and robotics.
  • Economic Growth: The partnership can foster economic growth and competitiveness by harnessing the power of AI. Industries ranging from healthcare and finance to transportation and manufacturing will be benefitted from the initiative.
  • Developments of Ethical Frameworks: Collaboration on AI provides an opportunity to establish ethical frameworks and guidelines for responsible AI development and deployment. By working together, the U.S. and the U.K. can address concerns related to data privacy, algorithmic bias, and accountability in AI systems.
  • Global Leadership: The agreement reinforces the role of the U.S. and the U.K. as leaders in AI research and innovation on the global stage. By setting standards and best practices through collaboration, both countries can influence the direction of AI development worldwide.

Challenges faced by law-makers in regulating A.I.:

  • Firstly, AI technologies are often complex and opaque, making it challenging for lawmakers to understand and regulate them effectively. Machine learning algorithms, in particular, can evolve and adapt over time, making it difficult to understand and predict the behaviour and associated risks with A.I.
  • Secondly, there are significant ethical and societal concerns associated with Artificial Intelligence. That includes issues related to privacy, fairness, accountability, and autonomy. It is difficult to dissect these complex issues while balancing innovation and regulation to ensure that AI benefits society as a whole.
  • Thirdly, the globalised nature of A.I. asks for international coordination and cooperation to address challenges such as data sharing, intellectual property rights, and cross-border deployment of AI systems.
  • Fourth, widespread adoption of AI poses threat to labour markets and job structures, leading to job displacement and inequality.
  • Lastly, AI technologies poses security and safety risks, including cyberattacks, misinformation campaigns, and autonomous weapons systems.

India’s stand with respect to AI

  • The Indian government tasked the NITI Aayog, its apex public policy think tank, with establishing guidelines and policies for the development and use of AI.
  • In 2018, the NITI Aayog released the National Strategy for Artificial Intelligence #AIForAll strategy, which featured AI research and development guidelines focused on healthcare, agriculture, education, “smart” cities and infrastructure, and smart mobility and transformation.
  • The government of India also recently enacted a new privacy law, the Digital Personal Data Protection Act in 2023, which it can leverage to address some of the privacy concerns concerning AI platforms.
  • India is a member of the Global Partnership on Artificial Intelligence (GPAI).

Conclusion

The collaboration between the U.S. and the U.K. on AI is a positive step towards advancing the field of Artificial Intelligence. The developments are relevant at a time when lawmakers across the world are face significant challenges in regulating AI effectively robust development of the technology. Addressing these challenges requires a coordinated effort involving governments, industry stakeholders, researchers, and civil society to ensure that there is a responsible development and deployment of AI for the benefit of society.

 

Q2. Prevention of Money Laundering Act (PMLA) was recently in news. Discuss the origin and enactment of PMLA in India. Elaborate on various criticisms associated with the PMLA in current scenario? (250 words)

Topic- Polity and Governance:


Introduction

The object of the Prevention of Money Laundering Act (PMLA) is to curb the laundering of black money and to save the economy from being destabilised. There was widespread realisation that the black money generated through the flourishing drug trade and integrated into the legitimate economy was likely to destabilise the world economy and endanger the integrity and sovereignty of nations. However, the present judicial approach to the issue of bail in PMLA cases appears to be very technical as per some experts.

Body

        • Reasons for PMLA
        • Role of UN
        • Enactment of Act
        • Constitutional Position
        • Issues with the act
        • Bail provision

Conclusion

To curtail black money in the country, PMLA was enacted. Various amendments made in this Act at different times bloated the schedule which now contains such offences which are either ordinary offences listed in the IPC or for which there are special laws in force. The object of the Act is to curb the laundering of black money and to save the economy from being destabilised. There is need to protect liberty of individuals in the battle against black money.

 

UPSC Syllabus Public Health:

 

Why was this question asked?

Q. “There is a need for simplification of procedure for disqualification of persons found guilty of corrupt practices under the Representation of peoples Act” Comment (UPSC Main 2020)

Introduction:

At the emergence of HIV/AIDS in the early 1980s, the disease was considered a death sentence and was met with a lot of fear, stigma and discrimination. Free Antiretroviral therapy (ART) started by India on April 1,2004 and other complementary initiatives like free diagnostic facilities; management of co-infections such as tuberculosis (TB) etc. halted the HID epidemic. However, the fight against HIV/AIDS is far from over.

Body Status

Reasons for PMLA

  • The Prevention of Money Laundering Act (PMLA), 2002 was enacted with a distinct objective.
  • The large volume of black money generated through international drug trafficking posed a grave threat to the economy of many countries.
  • There was widespread realisation that the black money generated through the flourishing drug trade and integrated into the legitimate economy was likely to destabilise the world economy and endanger the integrity and sovereignty of nations.

Role of UN

  • The United Nations took in 1988, held the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances.
  • All countries were urged to take urgent steps to prevent the laundering of the proceeds of drug crimes and other connected activities.
  • Subsequent to this, seven major industrial nations held a summit in Paris (July 1989) and established the Financial Action Task Force (FATF) to examine the problem of money laundering and recommend measures to tackle this menace.
  • Thereafter, in 1990, the United Nations General Assembly adopted a resolution, namely, the Political Declaration and Global Programme of Action which called upon all member-countries to enact suitable pieces of legislation to effectively prevent the laundering of drug money.

Enactment of Act

  • In pursuance of resolution of the UN General Assembly, the Government of India used the recommendations of the FATF to formulate a legislation to prevent drug money laundering.
  • As drug trafficking is a trans-border operation, the UN held a special session on June 10, 1998 on the theme ‘Countering World Drug Problem Together’ and made another declaration on the urgent need to combat money laundering.
  • Indian Parliament enacted the Prevention of Money Laundering Act in 2002. But it was brought into force in 2005.

Constitutional Position

  • PMLA was enacted by India’s Parliament under Article 253 which empowers it to make laws for implementing the international conventions.
  • This Article indicates that a law Parliament makes to implement any decision of an international body will be confined to the subject matter of that decision.
  • Item 13 in the Union list of the Seventh Schedule of the Constitution is specific on this point.
  • Thus, the law on money laundering enacted under Article 253 and Item 13 of the Union list in the context of the UN resolution referred to above can only be on drug money.

 

Issues with the act

  • PMLA Act of 2002 contained a few offences listed in the Indian Penal Code (IPC) and the Narcotic Drugs and Psychotropic Substances Act, 1985.
  • The UN resolutions, and the FATF recommendations are all focused on the prevention of money from the laundering of drugs.
  • However, the PMLA of India acquired a different character through amendments from time to time.
  • But the most serious aspect of the PMLA is that it includes a large number of offences in the schedule which have nothing to do with the original purpose of this law — namely, combating the laundering of drug money.
  • The UN resolution on the basis of which the law on laundering was enacted in India spoke only about the offence of the laundering of drug money.
  • This was considered the most serious economic crime which had the potential to destabilise the world economy and endanger the sovereignty of nations, as highlighted above.
  • Prevention of Corruption Act, 1988 which is aimed at curbing corruption among public servants. This Act was added to the schedule of offences in 2009.
  • The PMLA now applies with all its rigour to public servants.
  • Thus, a public servant charged with corruption and a hard-core drug trafficker are treated alike.
  • A very disturbing thing about the PMLA is that an accused under this law is presumed to be guilty until proved innocent.

Bail provision

  • The bail provision of the PMLA Act (Section 45) is invested with a lot of political significance.
  • The bail provision contained in section 45 of the PMLA says that a judge can give bail only when he is satisfied that the accused is innocent.
  • It was held unconstitutional by a two-judge Bench of the Supreme Court of India in Nikesh Tarachand Shah vs Union of India (2018) as violating Article 14 and Article 21.
  • However, Parliament, restored this provision with certain amendments which was upheld by a three-judge Bench headed by Justice A.M. Khanwilkar in Vijay Madanlal Choudhary vs Union of India (2022).
  • The top court held that this provision is reasonable and has direct nexus with the purposes and objects of the PMLA Act.

 

Conclusion

To curtail black money in the country, PMLA was enacted. Various amendments made in this Act at different times bloated the schedule which now contains such offences which are either ordinary offences listed in the IPC or for which there are special laws in force. The object of the Act is to curb the laundering of black money and to save the economy from being destabilised. There is need to protect liberty of individuals in the battle against black money.

 

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