The Augmented Human and Artificial Intelligence: What Ethic for the Human of the Future? The Example of the Exoskeleton

Abstract

Artificial intelligence invades slowly the field of the medical and industrial areas. One of the most relevant technology using artificial intelligence is certainly the exoskeleton which may face extraordinary evolutions. The medical issues are very important, as well as the fear they can present due to the risk to create an augmented human. That is why the reflection about artificial intelligence and its issues are now led by the European Union instances. The impact of new technologies in the fields of nanotechnologies, biotechnologies, computer sciences and cognitive sciences invites us to question the possibility of upgrading of human beings. What is specific about artificial intelligence is its ability to imitate human intelligence, yet it distinguishes itself when it comes to fastness of analysis. However, even though human intelligence and upgraded intelligence remain dissociated, ethical concerns emerge when both start merging. Moreover, we can wonder if human intelligence can be automatically considered as upgraded. Yet, to fully comprehend the correlation between the two, we must first understand each definition on its own. Generally, intelligence has been defined as the set of mental and cognitive capacities attributed to an individual and which make him able to understand reasonings and to learn new concepts and paradigms. It is the “ability to learn and understand” . Artificial intelligence, on the other hand, is not that easy to define. Scholars have attempted to explain it around key concepts: its purposes, data dealing, investigation methods, and the knowledge that resulted from it. Defining artificial intelligence is also quite difficult because it is based on understanding how human cognition works in order to create a similar artificial cognitive system. Artificial intelligence thus depends on several fields of study such as mathematics, cognitive sciences, and of course, computer sciences. Considering this, artificial intelligence would be the kind of science which consists in building computer programs able to accomplish tasks that would normally require a human form of Hitotsubashi Journal of Law and Politics 48 (2020), pp.63-67. C Hitotsubashi University * Presentation previously delivered in 1st Workshop of SAKURA Program, JSPS Bilateral Joint research projects (MEAE-MESRI), “The Future of Intellectual Property Law and Competition Law in the AI Era A Comparative SocioLegal Study between France and Japan” in Hitotsubashi University, 2019/05/16 ** PhD Student, Toulouse I Capitole University 1 « Intelligence ». Def. 1. Le Petit Robert, dictionnaire alphabétique et analogique de la langue française. (2012), p.1349. 2 Jean Lassègue, « Lʼintelligence artificielle, technologie de la vision numérique du monde », Les cahiers de la justice (2019), p.205. intelligence. Some sectors of industry and research happen to be particularly concerned with such kind of combination: the merging of mechanical skills and human intelligence, especially the industry with the emergence of exoskeletons and cobots which share the same work space as a regular employee, and which can also be beneficial in terms of health and physical endurance (I). Yet, artificial intelligence raises both ethical and legal concerns (II). I. The Exoskeleton: From Cured Human to Augmented Human The fields of industry and health are particularly concerned with the new forms of technologies and can more and more easily visualise both mechanical skills and human abilities being merged. Exoskeletons and cobots share the same workspace as regular employees, and might be given artificial intelligence, hence allowing them not only to gain in efficiency but also to secure the work for human workers. Yet, the interfering of new technologies did not come without full comprehension of the implications: the workplace was redesigned in order to divide both authority and power of decision between human and robot workers, while still having humans able to take control over the machines in case of emergency (A). The use of exoskeletons in clinical tests also imply encouraging results (B). 1. Cobotics : Towards a Collaboration between Human and Mechanical Workforce The first cobots have been designed to complete the assembly line in the transport industry, in order to carry heavy pieces of material which necessitated the greatest attention when being manipulated. Those cobots are often represented as exoskeletons whose role is to assist human work through improved physical performances. Recently, Korean entrepreneur LG revealed its exoskeleton improved with artificial intelligence and connected to service robots: the LG CLOi SuitBot. LG describes it as a « mobile human-like robot » . It is supposed to make the moves of workers in warehouses easier and to help people who need to carry heavy charges. This robot is endowed with artificial intelligence: thanks to the analysis of environmental and biometric data, it is able to assist the bearer and to suggest movement that might make his work easier. This collaboration between human and robot workforce is called cobotics. Robots have thus proven themselves helpful when it comes to repetitive or tiresome tasks. The collaboration between human and machines no longer belongs to Science-Fiction. It is nowadays possible to design collaborative robots capable to evolve within human workspaces. The cobot hence becomes an essential tool. The human-machine collaboration has thus become the new objectives of the industry of tomorrow. Robots are becoming more and more skilled and able to collaborate with humans. This is how the term of cobotics or corobotics emerged, as a contraction, « robotics » and « collaboration ». Cobots constitute a category of robots capable to link together both artificial and human movements, but also with increased capacities. Hence, it is constituted by a robot-like form based on the cooperation between a human individual and an autonomous artificial system. It allows to improve work performances, whether it be in speed, precision, but also in preserving human workforceʼs health and well-being by avoiding difficult moves that might constitute a threat to their safety. This almost-human form of those HITOTSUBASHI JOURNAL OF LAW AND POLITICS [February 64