The Paradox of Artificial Intelligence in Law & Cyber Security: Elucidating Global Uncertainty and Normative Prudence

Every algorithm written to defend a network is also, in the wrong hands, a blueprint for attacking one, and the law, still drafting yesterday’s rulebook, has yet to reckon with this. This article examines the legal and policy environment around Artificial Intelligence within the ambit of cybersecurity. India’s legal structure is still incompatible with the growing speed of technological influence at present. With the expanding integration of Artificial Intelligence (AI) in law and cybersecurity, through its inclusion in real-time threat detection, automated incident response, and behaviour analytics to defend against sophisticated attacks, it is important to be cognizant of the dynamic between global uncertainty and normative prudence. Through a jurisprudential study of landmark Court verdicts and a comparative international stance, this research aims to unravel the fundamental challenges in counterpoising global scepticism and normative prudence, specifically with reference to the dichotomy of AI being imperative for modern cybersecurity and repositioning defence from a reactive to a proactive stance in law. While this shift enhances resilience against sophisticated cyber threats, it simultaneously generates heightened uncertainty due to the possibility of falling into destructive hands. Therefore, the roots of AI in cybersecurity’s arms race are where the guardians of law must use AI faster and more ethically than attackers. The ultimate motive of this paper is to cast light upon the unattended areas of Artificial Intelligence in cybersecurity, where the arms of law are yet to shield its users.