Moroccan Justice Minister Abdellatif Ouahbi has sounded the alarm about the challenges posed by the increasing use of artificial intelligence (AI) in various sectors, including the judiciary, law, and education. He warned of new legal complexities related to determining criminal responsibility for actions carried out by machines and programmed systems. Ouahbi's concerns were expressed during a presentation of the budget for the Supreme Judicial Council to the Justice, Legislation, and Human Rights Committee in the House of Representatives.
Ouahbi cited examples of AI applications in the judicial field, including the use of chatbots like "ChatGPT" by lawyers to draft pleadings and memoranda. He noted that these practices raise questions about the need for urgent regulatory frameworks to govern the use of AI. The minister highlighted the issue of determining criminal responsibility when a crime is committed using an intelligent machine or system, questioning who should be held accountable: the device owner, user, programmer, operator, or the entity that issued the instructions.
The minister referenced a case in the United States where a robot caused a fatality, sparking debate about liability between the program designer, the entity that assembled the robot, and the person who gave it instructions. He also mentioned another case involving a woman who was seeking redress after someone used AI to create a fake image of her in a compromising situation, which was then published online. Ouahbi described this incident as a form of "virtual rape."
Ouahbi expressed concerns about the readiness of Morocco's judicial system to cope with these transformations, questioning the level of training available to judges to handle technology-related disputes. He emphasized that Morocco remains a consumer of these technologies without being a producer, making it challenging to control the consequences of their rapid development. The minister stressed that addressing these challenges requires significant financial resources, particularly for specialized training in AI.
The minister highlighted the need for regulations governing the use of AI, not only for judges but also for lawyers and experts. He noted that the data, memoranda, and reports they provide play a crucial role in shaping judicial decisions. Ouahbi also warned about the social and educational implications of digital transformations, citing the impact of AI and social media on young generations.
On the legislative front, Ouahbi announced that several legal projects are underway, including the review of the penal code, family code, and notary law. He also mentioned the biometric data file, which is expected to be submitted to the legislature. The minister emphasized that the next phase will require an intensive work pace to complete these files.
Ouahbi discussed the ongoing review of the law on obligations and contracts, which currently consists of around 650 articles, with plans to increase this number to 1200. He also raised questions about the revision of the commercial code, wondering whether a comprehensive overhaul is needed or if only certain sections and procedures require amendments.
Key points
- Moroccan Justice Minister Abdellatif Ouahbi warns of a potential legal vacuum in regulating AI and determining responsibility for digital crimes.
- Ouahbi cites examples of AI applications in the judicial field, including the use of chatbots like "ChatGPT" by lawyers.
- The minister emphasizes the need for regulations governing AI use and stresses the importance of training for judges and other stakeholders.
