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Fit-for-purpose laws fundamental amid increased cyber crime, MP says
The regulation of artificial intelligence is “where wonder and risk collide”, the Assistant Minister to the Attorney-General has told lawyers.
Jerome Doraisamy
In remarks delivered to the 2024 Australian Lawyers Alliance National Conference last week in Fremantle, Patrick Gorman MP (pictured) – who serves as the Assistant Minister to the Prime Minister, Assistant Minister to the Attorney-General, and Assistant Minister for the Public Service – reflected that generative AI (GenAI) is “that best version of our imagined selves”.
“Producing music, art and video that has already won artistic competitions when submitted anonymously alongside the work of human artists,” he said.
In the same address, Gorman spoke of the need for lawmakers to balance the risks inherent in AI against the evident opportunities.
The regulation of AI, Gorman continued, “is where wonder and risk collide”.
“There are serious risks associated with the development and deployment of AI. AI has implications in copyright law, where vast amounts of data and creative work have been scraped for the training of AI models from web sources,” he said.
“AI creates potential challenges in the areas of law enforcement and criminal behaviour, notably in relation to cyber crime. So we must consider the role of regulation and legislative frameworks for the development of AI.”
GenAI, Gorman detailed, is being “rapidly” adopted by criminal actors and in a range of contexts.
For example, he pointed out, AI is already being used to generate hyper-realistic deepfakes, which can be used as a tool for sexual exploitation, abuse, and harassment online.
“It is essential that the Australian government keeps our laws under constant review. To ensure they remain fit-for-purpose in responses to rapid changes in technology – such as the emergence of AI,” he said.
“Earlier this year, the Attorney-General led legislative reform through the Criminal Code Amendment (Deepfake Sexual Material) Act 2024. The act introduces new offences and strengthens the current criminal law framework. Ensuring the non-consensual transmission of sexual material developed or altered by such technologies is criminalised and subject to significant penalties. This came into force in September 2024.”
Furthermore, Gorman went on, partnership with the states and territories is also important to ensure a cohesive national approach.
“In September, the Police Ministers Council agreed to a review of Commonwealth, state and territory frameworks. The review seeks to ensure they adequately address the issue of technology-facilitated abuse, including deepfakes,” he said.
“In March 2024, the joint standing committee on electoral matters commenced an inquiry into civics education, engagement, and participation in Australia. The inquiry is considering how governments and the community can prevent or limit inaccurate or false information influencing electoral outcomes. Particularly with regard to AI, foreign interference, social media, and mis- and disinformation.”
As AI technologies continue to evolve and transform, Gorman said, it is critical that Australia harnesses the opportunities arising from the uptake of AI technologies.
The responsibility, he said, is to “bolster Australia’s economic and social prosperity, as well as ensuring our legal frameworks remain fit for purpose” and make sure that we, as a nation, combat the misuse and abuse of AI for criminal purposes.
Ultimately, Gorman concluded, the excitement that the advent of AI can generate is comparable to the joy that beset the nation upon Australia’s winning of the America’s Cup just over 40 years ago.
“In 2024, we stand on the doorstep of the AI age, and that door is opening. The age of AI is now here. This is a time of great excitement, where the bounds of human creativity and imagination are currently being pushed,” he said.
But, he added, “it is also a time to stop and to carefully consider the potential hazards and pitfalls as we move forward”.
Jerome Doraisamy
Jerome Doraisamy is the editor of Lawyers Weekly. A former lawyer, he has worked at Momentum Media as a journalist on Lawyers Weekly since February 2018, and has served as editor since March 2022. He is also the host of all five shows under The Lawyers Weekly Podcast Network, and has overseen the brand's audio medium growth from 4,000 downloads per month to over 60,000 downloads per month, making The Lawyers Weekly Show the most popular industry-specific podcast in Australia. Jerome is also the author of The Wellness Doctrines book series, an admitted solicitor in NSW, and a board director of Minds Count.
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