Safeguarding Against Gen AI Cyber Threats: Legal Insights and Policy Recommendations

Nischal Arvind Singh, Partner,FBDA & IPBI

The rapid evolution of artificial intelligence (AI) technologies has ushered in Generation AI (Gen AI), bringing forth transformative opportunities and, concurrently, challenges for society. Regrettably, the benefits of Gen AI have been accompanied by a surge in malicious cyber-attacks, presenting substantial threats to individual financial and privacy security. This article aims to delve into legal solutions and propose a comprehensive policy framework to effectively address the risks associated with Gen AI and safeguard individuals from financial and privacy losses.

Gen AI and Vulnerabilities:

Gen AI introduces vulnerabilities that cyber attackers exploit for malicious activities. These vulnerabilities, including deepfakes, social engineering, and intelligent malware, enable cyber attackers to deceive individuals, compromise personal information, and execute financial fraud, resulting in significant financial and privacy losses.

Current Legal Landscape:

An assessment of the existing legal landscape regarding cyber-attacks and AI is crucial to determine its efficacy in addressing the distinctive challenges posed by Gen AI-driven cyber threats. While certain legal frameworks exist, they may not comprehensively cover the complexities introduced by Gen AI. Therefore, an evaluation is needed to identify and address gaps in current laws and regulations.

Legal Solutions:

Mitigating the risks associated with Gen AI-driven cyber-attacks requires the implementation of legal solutions. Existing legal principles, such as tort law, data protection regulations, and intellectual property law, can be applied to hold cyber attackers accountable and provide remedies for victims. However, recognizing the dynamic nature of Gen AI vulnerabilities, specific legislation targeting these issues is imperative.

Proposed Policy Framework:

A robust policy framework is proposed to shield individuals from financial and privacy loss caused by Gen AI-driven cyber-attacks. This framework encompasses enhanced cybersecurity measures, such as encryption standards, multi-factor authentication, and regular security audits, to fortify defenses against cyber-attacks. Additionally, it advocates for the development and enforcement of robust data protection regulations tailored to address the unique challenges presented by Gen AI. The framework also emphasizes the establishment of Gen AI-specific liability standards to hold developers and manufacturers accountable for the vulnerabilities and risks associated with their products. Lastly, it underscores the importance of promoting cybersecurity education and awareness programs to empower individuals in identifying and protecting against Gen AI-driven cyber threats.

Conclusion:

In conclusion, the proactive implementation of a legal and policy framework is essential to protect individuals from financial and privacy loss caused by Gen AI-driven cyber-attacks. Through the adoption of the proposed legal solutions and policy framework, society can effectively mitigate the risks associated with Gen AI and ensure the safeguarding of individual financial and privacy interests in an interconnected world. Collaborative efforts between lawmakers, technologists, and society at large are pivotal to address emerging challenges and establish a secure digital ecosystem for all.

Recommendations for Future Research:

Further research is recommended to explore international cooperation in combating Gen AI-driven cyber-attacks. Understanding how different countries can collaborate to address these threats is crucial in a globally interconnected digital landscape. Additionally, deeper investigation into ethical considerations associated with the development and deployment of Gen AI technologies is warranted to ensure responsible and accountable AI practices in the future.