Criminal Liability in the Context of the Functioning of a Smart City (original) (raw)
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Indian Journal of Artificial Intelligence and Law, Volume 1, Issue 1 (2020), 0
Artificial Intelligence is basically a study of how to make a system, which can think, behave and act exactly or better than what a human being can act or react. It tends to the issues of making AIs more wise than human, and guaranteeing that they utilize their propelled insight for good as opposed to ill. In the field of Criminal Law, the ultimate concerns for Artificial Intelligence are whether an autonomous vehicle, drones and robots should also be given a status of electronic person? Or robot considered as a legal personality just like-corporations (as a legal person-who can sue and be sued as given to Sophia-a citizenship in Saudi Arabia) or would it be considered as a like it as an individual person within the purview of law. The likelihood of making thinking machines raises a large group of criminal issues. Artificial Intelligence has evolved out of from four basic subjects: Psychology, Philosophy, Mathematics and Linguistic, they are making a big role in an enhancement of Artificial Intelligence. This paper intends to identify issues and challenges pertaining to crimes and criminals/offenders, especially in terms of whether we should consider software programme as a product or service, as earlier it happened in case of considering electricity as a product rather than considering as a service, now that what is the obstacle is here, in the case of negligence(rash and negligent driving) , strict product liability, and vicarious liability in the field of law of penal and torts, where India lacks specific legislation. The question of legal liability arises when unmanned vehicle is involved in a car accident, the surgical system is involved in a surgical error or the trading algorithm is involved in fraud, etc., now the question is who will be held liable for these offences. Before we delve into the potential of Artificial Intelligence, let's take a step back to understand AI's legal issues pertaining to legal liability of Artificial Intelligence systems under the head of legal categories such as: Law of Torts and, Criminal Law .Such determination is likely to get more muddled with the onset of AI, particularly due to the possibility of it being accorded the status of a person in law. I will explore criminal implications of AI / in relation to the use of AI. This is the most new aspects in the field of the laws of robots, selfdriving car and drones in contrast to traditional forms of responsibility-proof for other's behaviour, like children, employees, or pets which gets in addition to new strict liability policies, mitigating through the insurance models, systems authentication, and the mechanism of allotting the burden of proof. Further this paper will critically analyze the nuances of using AI system in the field of penal law. At the end this paper will suggest and recommend solutions to overcome these issues and challenges through the use of doctrinal with qualitative research methods.
International Journal of Innovative Legal & Political Studies 11(4):1-9, Oct.-Dec., 2023, 2023
This paper discussed the basic issues and challenges of criminal liability of artificial intelligence entities. These issues and challenges which are in form of computer programs or software are akin to the problems of the enforcement of cybercrimes. Most of the crimes committed by artificial intelligence software or entities are known as internet crimes/offences and their enforcement poses some problems and challenges. Also, determining the personhood of artificial intelligence entities, their possible right to dignity and power to own or acquire property and so on are also some of the issues which contribute to the challenge inherent in determining their possible liability for crimes and way of enforcing the relevant laws on them if at all they are found guilty. Thus, the recent technological advancement has undoubtedly reshaped the world as some of the tasks earlier on reserved or being solely performed by humans are now carried out with ease by non-human entities generally referred to as artificial intelligence entities with some attendant negative impact. This development made some scholars and legal minds to agitate for the criminal liability of such entities so that they can be treated as humans when things go wrong with their use or when they act illegally. Unfortunately the criminal liability of such artificial intelligence entities may be bedeviled by some issues and challenges aforesaid which may be capable of making it impossible or difficult to arrest and prosecute them. The aim of this paper was to examine the basic issues and challenges militating against the criminal liability of AI entities. The methodology adopted is doctrinal via analyzing the relevant laws, judicial decisions and opinions/suggestions of some erudite scholars. It is found that there are discordant views of authors on this subject and that these issues and challenges have hitherto affected the criminal liability of AI entities. It is recommended that in order to circumvent these threatening issues and challenges in respect of AI liability for crimes/offences, their personhood should be made definite so that they could be held directly liable for their crimes/offences. They should also be classified for the purposes of criminal liability and where they could not be held liable, their developers, users, controllers or instructors should be held liable just like corporations by invoking the principle of ‘lifting the veil’.
CRIMINAL LIABILITY OF THE ARTIFICIAL INTELLIGENCE
The article deals with the influence of robotics units on the life of modern mankind, the possibility of creating an artificial intelligence equal to the human intelligence or exceeding its level, the possibilities and validity of the recognition of artificial intelligence physically embodied in a robotics unit by an object and (or) subject of criminal legal relations, the relationship between information security and artificial intelligence research and its results. Key words: artificial intelligence, robotics unit, criminal liability of artificial intelligence, criminal liability of a robotics unit, electronic entity, criminal measures towards electronic entities
BioLaw Journal – Rivista di BioDiritto, 2023
The article investigates the nature of AIs under criminal law, i.e., whether they are legal persons or mere tools. The study applies a double methodology. Firstly, from a comparative perspective, it analyses the US and the Italian legal systems, as they represent the two main legal traditions in the Western World, namely, common law, and civil law. Secondly, it applies the interdisciplinary research method, by reference to non-legal disciplines. The article criticizes the doctrine maintaining that AIs may be considered as legal persons. Then, it aims to demonstrate the opposite thesis, according to which AIs are mere tools.
The Concept of Culpability in Criminal Law and AI Systems
Journal of Politics and Law
This article focuses on the problems of the application of AI as a tool of crime from the perspective of the norms and principles of Criminal law. The article discusses the question of how the legal framework in the area of culpability determination could be applied to offenses committed with the use of AI. The article presents an analysis of the current state in the sphere of criminal law for both intentional and negligent offenses as well as a comparative analysis of these two forms of culpability. Part of the work is devoted to culpability in intentional crimes. Results of analysis in the paper demonstrate that the law-enforcer and the legislator should reconsider the approach to determining culpability in the case of the application of artificial intelligence systems for committing intentional crimes. As an artificial intelligence system, in some sense, has its own designed cognition and will, courts could not rely on the traditional concept of culpability in intentional crimes,...
The Complexity of Criminal Liability of AI Systems
Masaryk University Journal of Law and Technology
Technology is advancing at a rapid pace. As we anticipate a rapid increase in artificial intelligence (AI), we may soon find ourselves dealing with fully autonomous technology with the capacity to cause harm and injuries. What then? Who is going to be held accountable if AI systems harm us?Currently there is no answer to this question and the existing regulatory framework falls short in addressing the accountability regime of autonomous systems. This paper analyses criminal liability of AI systems, evaluated under the existing rules of criminal law. It highlights the social and legal implications of the current criminal liability regime as it is applied to the complex nature of industrial robots. Finally, the paper explores whether corporate liability is a viable option and what legal standards are possible for imposing criminal liability on the companies who deploy AI systems.The paper reveals that traditional criminal law and legal theory are not well positioned to answer the ques...
Criminal Law and Artificial Intelligence - Selected Aspects
Criminal Law and Artificial Intelligence – Selected Aspects, L. Lai, M. Świerczyński (eds.),, 2021
This chapter focuses on selected issues of the functioning of AI in the lives of individuals and of wider society in the context of criminal law evaluation of the behaviour of the former. AI can be both a tool in the hands of perpetrators, and the object of perpetration of an offence, or even an interest protected by law. The author set himself the task of exploring the object of research at the interface between criminal law (and other penal sciences) and AI. At the outset, it was stipulated that it is too early to write about criminal liability of AI, which is due to the prerequisites for this type of legal liability, and the specific features of penal sanctions. It cannot be dismissed that a separate legal regime for AI may one day be established. The author focuses primarily on selected issues related to use of AI by people who may be criminally liable. A number of questions have been asked. To what extent do the definitions of the existing features of criminal offences also cover AI? To what extent is it reasonable to create new or qualified types of offences involving the use of AI? To what extent is the offender aware of the functionality of the AI he/she is using? To what extent should we protect AI through criminal law? The conclusions indicate the main objectives of further research work on AI in the context of criminal law. First and foremost, one should strive to avoid generating risks associated with this technology. The second objective is to highlight the proper—that is, subsidiary—role of criminal law in the wider system governing AI.
CRIMINAL LIABILITY AND ARTIFICIAL INTELLIGENCE
ABSTRACT The norms of the criminal law establish the facts considered as offenses, the conditions for taking criminal responsibility, as well as the sanctions to be applied or taken in case of their violation. "Crime is the base of criminal liability". Crime is therefore the cause of criminal liability, and the use of criminal law sanctions is the consequence of criminal liability, due to this bent link, which places the institution of criminal liability between criminal offense and criminal law sanctions. Artificial analytical, human-inspired, and humanized artificial intelligence has only some characteristics compatible with cognitive intelligence; it generates a cognitive representation of the world and uses learning based on previous experiences to inform future decisions. Artificial intelligence inspired by man has elements of cognitive and emotional intelligence; understanding of human emotions, in addition to cognitive elements, and taking them into account in decision making. The humanized artificial intelligence presents the characteristics of all types of competences, is capable of self-awareness, both as such and in the interactions with others. But can it be an active subject of a crime attracting criminal liability? Can a self-existence exist as a natural or legal person? Key words: ”criminal liability”; ”artificial intelligence”; "active subject"; "crime"; "legal person".
Philosophy of Artificial Intelligence: Ethics for Smart Cities
Global AI Ethics Consortium. Germany, 2021
Philosophy of AI is based on ethical reflection and brings together ideas from computer science, robotics, psychology, information science, and transfer and management sciences. The goal of philosophical reflection is to understand the social, moral and political issues in the evolution of artificial intelligence, as well as to determine the ethical rules for a fair digital world. In this module, I will introduce the philosophy of AI and look at the example of ethics for Smart Cities as a way to illustrate how this philosophy can be applied. https://aiethicscourse.org/