Artificial intelligence [AI] has the potential to make life much easier, with advances in this industry being termed the “new revolution”. However, as with any industry, there are dangers, and regulation is needed to ensure the safe use of this technology.

IT lawyer Dr Jackie Mallia tells Rachel Zammit Cutajar that a national strategy for the safe development of AI would not only prevent the apocalyptic predictions of sci-fi movies at the hands of machines, but would also provide a tool to enhance human life.

It’s been four years since Eva [Alicia Vikander], the murderous AI in Alex Garland’s sci-fi thriller Ex Machina, stepped out of the Blue Book compound, an incognito AI dressed in synthetic skin and clothes, indistinguishable from the hordes of people walking on the street in that final scene.

AI is by no means a new concept and the idea of the rise of the machines, taking over the world, has been the subject of many a sci-fi story or movie. For the most part, robots taking over the world remains just that – science fiction. However, recent years have seen a huge advancement in the technologies surrounding AI.

Dr Jackie Mallia, an IT lawyer, says there is still a large distinction between ‘narrow’ and ‘strong’ AI, with narrow technologies being ingrained into our society at a very fast rate. Think Siri, Alexa, Netflix and Spotify.

“If we take Spotify as an example, the programme is considered intelligent as it is constantly learning. 

"It learns your habits and makes recommendations based on what you choose to listen to. You could, for example, favour jazz in the morning and something heavier in the afternoon. 

“It also compares your favourite songs to choices of other users who listen to that kind of music and will make recommendations based on their playlists. If you tell the programme you don’t like a particular song, it will eliminate recommendations based on that criteria. The software is basically learning from its mistakes.”

As smart as this seems, it is still considered narrow AI as, though the machine is learning, it is only aimed at completing one specific task – to select music – and this still has to be directed by a human. Other forms of narrow AI might check the weather or play chess. 

“It lacks consciousness and human-like intelligence. On the other hand, artificial general intelligence, or strong AI, refers to machines that exhibit human intelligence. It is self-aware, conscious and its intelligence matches – or even outsmarts – that of a human,” Jackie explains.

In walks Eva from Ex Machina, or Samantha [Scarlett Johansson] from Spike Jonze’s 2013 romantic sci-fi drama, Her…

“This is where the future of this technology could perhaps lead. The industry, mostly in the narrow field, has developed at incredible speeds over the last few years and this,” Jackie states, “is the result of the increase in processing power, new microchip architectures, more efficient algorithms and the increasingly growing datasets that main AI actors hold and without which AI would not and could not be very intelligent. 

“Because AI learns from data, it becomes more accurate when it has more data to analyse, and as data is being produced on massive scales every day, increased processing power means the technology is able to make the more precise decisions – choose the right song or movie or make the right move in a chess game.”

Having specialised in IT law, completing a master’s degree at Queen Mary University in London, Jackie has always been excited by AI and how it will impact our lives.

“Tech has become a fundamental part of human life. I love the idea of how our lives can be simplified and improved with the use of emerging technologies. AI is being termed the ‘new revolution’ and there will be the same upheaval in daily life as we saw with the Internet. It is impossible to imagine life today without the Internet and the same will be said of AI in years to come,” Jackie maintains. 

However, she adds that the industry can become uncontrollable if it remains completely unrestricted. 

Regulating AI

Jackie forms part of a taskforce at Malta.ai, a government initiative to create a national strategy for artificial intelligence. 

“Regulation is important in this industry. Artificial intelligence can be an incredibly effective tool. Nevertheless, we need to understand the implications and the impact this is going to have on society and set up an ethical and eventually a legal framework in which the industry can operate safely,” she explains.

Jackie identifies a number of problem areas that could result from the uptake of AI, which are currently being tackled by the Malta.ai taskforce. Perhaps the easiest one to identify is the issue of loss of jobs. 

“Even in my own industry, there are machines that can read contracts and identify potential problems within minutes. They are not sophisticated enough to replace a human lawyer just yet, but this is the direction in which we could be headed. 

“The same can be said for other industries. For each one, there is a machine that can do at least part of the job better than any human. What is needed is the creation of a framework that mitigates the impact of such an eventuality, and also to improve skills in areas where machines still fall short. For example, emotional intelligence is still an area that cannot be reproduced by a machine.”
Privacy is another factor that needs to be taken into consideration. The more data is collected, the more accurate the response of the machine will be. The question, here, is how much data can be collected without infringing on people’s right to privacy?  In this area, Jackie says, legislation needs to be adapted to find that perfect balance. 

“Most countries aren’t looking at a complete legal framework; they are looking at adapting their current legislation. For example, there are clear-cut laws about who is culpable in a traffic accident, but if one of the vehicles involved is a self-driving car and thus uses AI, who is to blame for the accident? Is it the manufacturer, the person who installed it, or the end-user? 

“Rather than create a specific framework that governs AI, there could be the option of adaptations to the current traffic laws that take self-driven cars into account.”

This, she says, is happening on a global scale. Individual countries are looking at traditional laws to see what needs updating. “Ethical frameworks are being developed the world over and these may vary from country to country… and herein lies yet another problem. 

“We may be regulating effectively in Europe, but the AI developed in other countries may not meet European ethical standards. Will that affect Europeans and how are we going to protect our citizens? There are global implications that need to be addressed.”

Malta's AI future

Despite the identification of such a large number of potential threats, Jackie is positive about the changes that are taking place. “Health care and diagnostic medicine have seen huge positive upheavals, and it is important to focus on the positive aspects while also creating a framework that will mitigate risks of this emerging technology.

“Another aspect that needs to be considered is the education requirements of the industry, ensuring the right expertise is available on the island to cope with these radical changes while also providing incentives for operating within the industry in Malta.”

Malta has been at the forefront of technological services in the past. 

It was the first in Europe to regulate the iGaming sector, the first to digitise the telecommunications infrastructure and, more recently, the first country to set up a legal framework for the operation of blockchain and cryptocurrencies. It seems to be working in the same direction when it comes to regulating AI. 

“Because we are a small country, heavily reliant on the service sector, governments, past and present, have always been on the ball when it comes to capitalising on the next big thing in the tech industry. 

“The concept of regulating AI did not start in Malta, but the intention is to come up with ideas that will put Malta at the forefront, and we will be drivers in certain niches. 

“The goal is to have a full national strategy within the year that will lay down a framework that other countries can also use to inspire their own legislation,” Jackie points out.

She balances her work as a lawyer with policy-making, being a fundamental part of setting up legal frameworks in Botswana and Swaziland, as well as forming part of the taskforce for Malta.ai. And this she juggles with being a mother to three-year-old twins. 

Women in AI

Dr Mallia talks about the change in perspectives brought about by the children. “It sounds like a cliché, but there really is a shift in what is important in life.

Family is the most important aspect and holding onto my career has been challenging. There have been days where I’ve woken up at 4am to get a few hours of work done before the kids wake up, but I am lucky with the flexibility of my work and the support I have from family. 

“Of course, having your own career is rewarding in itself. However, another important reason for me to keep at it is the example that I’m setting for my children. I hope my daughter will eventually understand that is possible to have both family and a career and that she can strive for success in both fields. 

“For my son, it is equally important for him to see his mother respected in both fields as it will encourage him to be supportive of women in his life in the future, whether his own partner or women he comes in contact with in a professional scenario.”

Talking of support in the professional world, Jackie works in a relatively male-dominated industry. However, she is positive about the changes that are coming about in this area. As a former lecturer at Middlesex University, she has seen an increasing number of women taking up IT-related courses and is certain of
women’s participation in the future of the industry. 

“Even as the industry is today, I have never felt any discrimination with regards to gender when working in this environment,” she states.

AI is advancing in leaps and bounds, and nobody really knows where it is going. The best we can hope for is a framework that will ensure the safe operation of the emerging technology and it seems like we are heading in the right direction.

This article first appeared in Pink magazine.