The Complexity of Criminal Liability of AI Systems
| Authors | |
|---|---|
| Year of publication | 2020 |
| Type | Article in Periodical |
| Magazine / Source | Masaryk University Journal of Law and Technology |
| MU Faculty or unit | |
| Citation | |
| Web | Open access časopisu |
| Doi | http://dx.doi.org/10.5817/MUJLT2020-1-3 |
| Keywords | Artificial Intelligence; Autonomous Systems; Criminal Law; Criminal Liability |
| Description | Technology is advancing atarapid pace. Aswe anticipate arapid increaseinartificial intelligence (AI), we may soon find ourselves dealing with fullyautonomous technology with thecapacity tocause harm and injuries. What then?Who is going tobe held accountable ifAI systems harm us? Currently there is no answer tothis question and theexisting regulatoryframework falls short inaddressing theaccountability regime ofautonomoussystems. This paper analyses criminal liability ofAI systems, evaluated undertheexisting rules ofcriminal law. It highlights thesocial and legal implicationsofthecurrent criminal liability regime asit is applied tothecomplex natureofindustrial robots. Finally, thepaper explores whether corporate liability isaviable option and what legal standards are possible for imposing criminal liabilityonthecompanies who deploy AI systems. Thepaper reveals that traditional criminal law and legal theory are not wellpositioned toanswer thequestions athand, asthere are many practical problemsthat require further evaluation. I have demonstrated that with thedevelopmentofAI, more questions will surface and legal frameworks will inevitably needtoadapt. Theconclusions ofthis paper could be thebasis for further research. |
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