able of Contents
- Introduction
- Why AI Disrupts Legal Systems
- Understanding Unauthorized Access by AI
- Legal Definitions of AI
- Pakistan’s AI Law: Current Position
- EU AI Act: Privacy and Ethical Use
- U.S. AI Bill of Rights
- Case Study: The New York Times vs OpenAI
- What Pakistan Can Learn and Improve
- Conclusion
Introduction
AI and unauthorized access have become serious legal concerns as artificial intelligence evolves rapidly. AI technologies, while innovative, often access data without permission, raising ethical, legal, and commercial questions. This growing conflict between progress and regulation is a pressing issue worldwide.
Why AI Disrupts Legal Systems
AI doesn’t just follow set rules—it learns and makes decisions on its own. This autonomous behavior clashes with existing laws built on predictability and accountability. Traditional legal systems now struggle to keep up with AI’s ability to process data and perform tasks without direct human input.
Understanding Unauthorized Access by AI
Unauthorized access occurs when an AI system retrieves or uses data it was not granted permission to access. This is especially alarming in:
- Business models based on subscription data
- Copyright-protected content
- Confidential corporate data
- Consumer privacy information
AI might not “intend” to steal, but its ability to collect and reproduce data without ethical judgment makes it a legal risk.
Legal Definitions of AI
Under English law, AI is defined as software that:
- Perceives environments via data
- Processes that data to mimic cognitive functions
- Makes decisions to achieve specific goals
The problem is: if AI operates without human empathy, how do we ensure it follows ethical boundaries? AI can learn what is considered “wrong,” but it cannot choose to do right.
Pakistan’s AI Law: Current Position
Pakistan has introduced two initiatives:
- National AI Policy
- Draft AI Bill
However, both documents fall short:
- The Policy lacks a clear definition of AI.
- The Draft Bill offers a vague and outdated definition.
- There’s no mention of unauthorized access or legal consequences for AI misuse.
Pakistan’s framework needs urgent development to handle the legal dimensions of AI usage in the commercial world.
EU AI Act: Privacy and Ethical Use
The EU AI Act is a robust legal framework with seven core principles:
- Human oversight
- Technical safety
- Privacy and data governance
- Transparency
- Fairness
- Social good
- Accountability
It mandates privacy protection throughout the AI lifecycle. It also recommends methods like data minimization and no raw data sharing during algorithm training. However, even the EU law doesn’t directly address commercial losses due to unauthorized AI access.
U.S. AI Bill of Rights
The U.S. White Paper, known as the Blueprint for an AI Bill of Rights, focuses on:
- Safe and effective AI systems
- Anti-discrimination measures
- Data privacy by default
- User transparency and consent
- Human fallback mechanisms
It emphasizes individual data protection, but it doesn’t cover the unauthorized use of corporate or subscription-based data.
Case Study: The New York Times vs OpenAI
In a major lawsuit, the New York Times sued OpenAI and Microsoft for:
- Using millions of its articles to train ChatGPT
- Reproducing Times content word-for-word
- Publishing made-up articles falsely attributed to the Times
- Undermining its subscription-based business model
This case will set a global precedent on copyright, AI accountability, and the monetary impact of unauthorized AI access.
What Pakistan Can Learn and Improve
Pakistan should:
- Define AI and unauthorized access clearly in law
- Penalize AI systems that breach data boundaries
- Protect business data, not just personal data
- Go beyond EU and U.S. models in securing commercial interests
- Promote AI innovation responsibly, with strict oversight
Most importantly, Pakistan must prepare for AI’s ability to bypass technical safeguards. Laws must evolve with AI’s capabilities.
Conclusion
AI and unauthorized access are no longer future concerns—they’re legal challenges of today. Countries like Pakistan must create robust laws to protect data, business models, and ethical standards. As AI continues to grow, so must our legal systems to ensure innovation does not come at the cost of justice or security.