BLACK BOX, RED FLAGS: NAVIGATING LEGAL FAULT LINES IN THE AGE OF AI AND CYBERSECURITY

AUTHOR – VIKAS KABEER, LLM SCHOLAR AT MVN UNIVERSITY, PALWAL

BEST CITATION – VIKAS KABEER, BLACK BOX, RED FLAGS: NAVIGATING LEGAL FAULT LINES IN THE AGE OF AI AND CYBERSECURITY, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (11) OF 2025, PG. 184-188, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Introduction of Artificial Intelligence (AI) in cybersecurity systems is a revolutionary advantage in the areas of threat detection, fraud prevention, and response to a given incident. Nonetheless, it has also brought with it dicey ethical and legal issues. Malicious individuals grow to use AI to carry out complex cyberattacks, including deep fake frauds, machine-code malware, and data poisoning attacks, bringing new liability, privacy, governance, and jurisdiction concerns. This article describes the legal risks of AI-based cybersecurity threats and discusses the emergent changes in regulations in different major jurisdictions, such as the European Union, the United States, and India. It discusses key legal frameworks including EU Artificial Intelligence Act, NIS2 Directive, DPDP Act of India or U.S Executive Orders of AI. Internal governance processes that an agency should implement, as detailed in the article, are the board level oversights, adversarial testing, and incident reporting ones. Lastly, it pinpoints the need to address the emerging legal confusion like autonomous offensive AI and quantum-enabled cryptanalysis. The article gives practical suggestions to the legal practitioners, policy- makers, and business executives involved in a cross-sectoral and comparative approach to the problem of AI and its laws of cybersecurity.

Keywords: Cybersecurity, AI Regulation, Legal Liability, Offensive AI, Quantum Security