2024-02-24 06:11:35
In the history of humanity there has been no battle that has been won without a strategic plan. From Mythological Wars to modern conflicts, victory has always come from anticipation, preparation, and the ability to adapt to fortuitous battlefield conditions. Alexander the Great, Napoleon Bonaparte or Joseph of San Martín, all had a defined strategy in their minds before defeating their enemy.
In current times, humanity faces a particular challenge from machines. Although it is not a war conflict, we are immersed in a struggle to understand and adapt to a stage that promises to be paradisiacal: the era of generative artificial intelligence (GAI).
If we manage to adapt and coexist with the technologies that our own species develops, we will be able to take advantage of the benefits of digital tools that are redefining the limits of the unthinkable.
It is necessary to keep in mind that current technology can emulate human behavior on a large scale and generate synthetic content with enormous precision. These are no longer simple automations that replicate expert knowledge; We are talking about intelligent systems that can achieve synthetic biology, particle physics simulation, decode cognitive signals and not to mention predict legal solutions.
That is why it is so important that clear rules of the game are established. In other words, if the conditions of the game we play favor the dominant party, in this case, the technology, the user only has one guaranteed result: losing.
The European Union has already marked its position in this new scenario, developing, discussing and promulgating regulations that not only allow us to take advantage of the advantages that AI offers, but also protect people from the risks that each system can cause. At the same time, the United States is in the constant task of developing federal regulations that have an approach based on the rights guaranteed by its Magna Carta. China, in its own way, adjusts its rules to the socialist interests that its form of government promotes and the protection of the values it proclaims.
In short, no one questions that AI, generative and of any other order, must be regulated through a legal framework that establishes general conditions of promotion, development and responsible use.
Faced with this critical situation, unfortunately our country continues on the path of uncertainty. With some attempts to establish strategic frameworks (2018 and 2022) and enact some laws (2023), Argentina hints more than it does. Efforts come up against daily the inertia generated by the lack of political consensus and the absence of a strategic vision focused on the general interest of the population.
Perhaps, given this legislative panorama, it is appropriate to venture into a regulatory sandbox, a supervised testing environment where the adoption of this new technology can be experienced without the complete restrictions that a law would establish. This can be a disruptive tactic at the level of technological evolutionary leaps.
Beyond that, what is clear is that the State has to take action on the matter. The lethargic legislative processes leave without protection a citizenry that accentuates every day its vulnerable condition in the face of delays in the processes, the lack of transparency, the high costs of services, the barriers in access to information and the absence of accountability.
To specify a sector that suffers the impact, just look at the judicial institutions. The absence of specific legislation forces the judiciary to operate with unprecedented activism that leads to identifying, interpreting and applying legal principles that were not designed for this paradigm.
Of course, its mandate requires due diligence, but it is understandable that analog generations do not have the capacity to adequately address the tenor of presentations made by ChatGPT, a great exponent of the IAG. The proliferation of these tools among legal professionals, often used without the necessary training for their proper and responsible use (as has happened in Bolivia, Brazil, Colombia, the United States, etc.), highlights the urgency of sanctioning mandatory training programs for this sector, as is done with other sensitive matters.
For all these reasons, it is crucial that Argentina takes action on the matter to balance the use of technology with the protection of rights. History shows us that only with clear strategies that adapt to the precise context can we overcome the obstacles that arise.
The challenge is to assume a leading role so that technology expands our capabilities without compromising our fundamental rights. Strategic vision will be key in this new era where humans and sophisticated machines coexist.
Without a plan, there is no paradise.
*Lawyer expert in new technologies.
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