Ai Systems And Non Contractual Liability
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Author | : CAPPIELLO BENEDETTA |
Publisher | : G Giappichelli Editore |
Total Pages | : 240 |
Release | : 2022-05-26 |
Genre | : Law |
ISBN | : 8892170015 |
The advent of AI-systems has fundamentally altered the fabric of society as a whole and is set to change our daily lives as well as human and legal relationships between private parties. This book focuses on the non-contractual obligations which arise out of the development and use of AI-systems; both EU substantive and private international law (PIL) provisions on civil liability will be scrutinized. Particularly, the book aims identify a legal framework for AI-systems, characterized as product, following a de lege lata and de lege ferenda approach. The analysis wants to argue that private international law provisions can be an effective tool to achieve the results pursued by the corresponding substantive provisions, and that both substantive and PIL provisions should be ethically oriented and ensure the protection of fundamental rights. The concluding remarks envisages a new direction of European private international law provisions towards a more human-rights oriented approach.
Author | : CAPPIELLO BENEDETTA |
Publisher | : G Giappichelli Editore |
Total Pages | : 26 |
Release | : 2022-05-26 |
Genre | : Law |
ISBN | : 889214328X |
The advent of AI-systems has fundamentally altered the fabric of society as a whole and is set to change our daily lives as well as human and legal relationships between private parties. This book focuses on the non-contractual obligations which arise out of the development and use of AI-systems; both EU substantive and private international law (PIL) provisions on civil liability will be scrutinized. Particularly, the book aims identify a legal framework for AI-systems, characterized as product, following a de lege lata and de lege ferenda approach. The analysis wants to argue that private international law provisions can be an effective tool to achieve the results pursued by the corresponding substantive provisions, and that both substantive and PIL provisions should be ethically oriented and ensure the protection of fundamental rights. The concluding remarks envisages a new direction of European private international law provisions towards a more human-rights oriented approach.
Author | : Martin Ebers |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2020-07-23 |
Genre | : Computers |
ISBN | : 1108424821 |
Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.
Author | : Henrique Sousa Antunes |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : |
ISBN | : |
On 28 September 2022, the European Commission published proposals for revision of the legal rules on product liability and regulation of non-contractual liability for damage caused by the use of artificial intelligence. The two texts have convergent purposes, but are structured around different types of liability. The aim of this article is to demonstrate that the application of the principle of subsidiarity to European regulation of compensation for damage attributable to artificial intelligence requires more than adjustments to fault-based liability, with the necessary creation of compensation funds for injuries caused by high-risk artificial intelligence systems. The conclusion is supported by an analysis of the relationship between the innovation principle and the precautionary principle in the regulation of artificial intelligence and by the specific features of this emerging digital technology.
Author | : Eric Tjong Tjin Tai |
Publisher | : |
Total Pages | : 0 |
Release | : 2023 |
Genre | : |
ISBN | : |
There is as yet no generally recognised ground of liability for decision-making by AI. This chapter discusses the available grounds of liability (including vicarious liability and negligence) in different jurisdictions, the conditions for their application, and the issues that arise when trying to decide on liability for AI decision-making. Several related grounds of liability that are not directly applicable (such as liability for animals) will be discussed as providing a model for future law. The focus is on tort liability, with only a few remarks dedicated to contractual liability. The chapter concentrates on AI systems embedded in organizations, not on robots or autonomous vehicles. Particular attention is devoted to the role of the surrounding organization in containing possible risks that may arise when decisions are made by AI.
Author | : Acres A Stowe |
Publisher | : Page Publishing Inc |
Total Pages | : 95 |
Release | : 2022-03-31 |
Genre | : Law |
ISBN | : 1662466471 |
The purpose of this book is to draw readers’ attention to various legal intricacies associated with deploying self-directed artificial intelligence systems (AIS), particularly emphasizing the limits of the law, vis-à-vis liability problems that may emerge within third-party contracts. With the advent of today’s ostensive “Amazon Halo or Alexa,” consumers are having to conclude contracts (e.g., sale of goods and distant financial services) in much more complex (cybernetic) environments. Generally, with one party acting in the capacity of a human being while the other (as an autonomous thing/device [AIS] with capabilities well beyond that of humans) representing the interests of others (not just other humans). Yet traditional jurisprudence is limited in scope for holding these systems legally accountable if they were to malfunction and cause harm. Interestingly, within the judicial system itself, the use of AIS is more prevalent now, including within the criminal justice system in some jurisdictions. In the United States, for instance, AIS algorithms are utilized to determine sentencing and bail processing. Still, jurists find themselves limited to traditional legal methodologies and tools when tackling novel situations brought about by these systems. For example, traditional strict liability concept, as applied in tort law, typically ties responsibility to the person(s) (e.g., AIS developers) influencing the decision-making process. In contract law, particularly where third parties are concerned, AIS are equated to tools for the purposes of traditional strict liability rules. Thus, binding anyone on whose behalf they would have acted (irrespective of whether such acts were intentional or foreseeable).
Author | : Mark A. Geistfeld |
Publisher | : Walter de Gruyter GmbH & Co KG |
Total Pages | : 416 |
Release | : 2022-11-21 |
Genre | : Law |
ISBN | : 3110775409 |
Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question as to how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in force in the Member States of the European Union and in the United States, to examine whether - and if so, to what extent - national tort law regimes differ in that respect, and to identify possible gaps in the protection of injured parties. The second study offers guiding principles for safety and liability with regard to software, testing how the existing acquis needs to be adjusted in order to adequately cope with the risks posed by software and AI. The annex contains the final report of the New Technologies Formation of the Expert Group on Liability and New Technologies, assessing the extent to which existing liability schemes are adapted to the emerging market realities following the development of new digital technologies.
Author | : Anna Beckers |
Publisher | : Bloomsbury Publishing |
Total Pages | : 354 |
Release | : 2021-12-02 |
Genre | : Law |
ISBN | : 1509949348 |
This book proposes three liability regimes to combat the wide responsibility gaps caused by AI systems – vicarious liability for autonomous software agents (actants); enterprise liability for inseparable human-AI interactions (hybrids); and collective fund liability for interconnected AI systems (crowds). Based on information technology studies, the book first develops a threefold typology that distinguishes individual, hybrid and collective machine behaviour. A subsequent social science analysis specifies the socio-digital institutions related to this threefold typology. Then it determines the social risks that emerge when algorithms operate within these institutions. Actants raise the risk of digital autonomy, hybrids the risk of double contingency in human-algorithm encounters, crowds the risk of opaque interconnections. The book demonstrates that the law needs to respond to these specific risks, by recognising personified algorithms as vicarious agents, human-machine associations as collective enterprises, and interconnected systems as risk pools – and by developing corresponding liability rules. The book relies on a unique combination of information technology studies, sociological institution and risk analysis, and comparative law. This approach uncovers recursive relations between types of machine behaviour, emergent socio-digital institutions, their concomitant risks, legal conditions of liability rules, and ascription of legal status to the algorithms involved.
Author | : Marcelo Corrales |
Publisher | : Springer |
Total Pages | : 245 |
Release | : 2018-11-02 |
Genre | : Law |
ISBN | : 9811328749 |
Artificial intelligence and related technologies are changing both the law and the legal profession. In particular, technological advances in fields ranging from machine learning to more advanced robots, including sensors, virtual realities, algorithms, bots, drones, self-driving cars, and more sophisticated “human-like” robots are creating new and previously unimagined challenges for regulators. These advances also give rise to new opportunities for legal professionals to make efficiency gains in the delivery of legal services. With the exponential growth of such technologies, radical disruption seems likely to accelerate in the near future. This collection brings together a series of contributions by leading scholars in the newly emerging field of artificial intelligence, robotics, and the law. The aim of the book is to enrich legal debates on the social meaning and impact of this type of technology. The distinctive feature of the contributions presented in this edition is that they address the impact of these technological developments in a number of different fields of law and from the perspective of diverse jurisdictions. Moreover, the authors utilize insights from multiple related disciplines, in particular social theory and philosophy, in order to better understand and address the legal challenges created by AI. Therefore, the book will contribute to interdisciplinary debates on disruptive new AI technologies and the law.
Author | : Ugo Pagallo |
Publisher | : Springer Science & Business Media |
Total Pages | : 222 |
Release | : 2013-05-16 |
Genre | : Law |
ISBN | : 9400765649 |
This book explores how the design, construction, and use of robotics technology may affect today’s legal systems and, more particularly, matters of responsibility and agency in criminal law, contractual obligations, and torts. By distinguishing between the behaviour of robots as tools of human interaction, and robots as proper agents in the legal arena, jurists will have to address a new generation of “hard cases.” General disagreement may concern immunity in criminal law (e.g., the employment of robot soldiers in battle), personal accountability for certain robots in contracts (e.g., robo-traders), much as clauses of strict liability and negligence-based responsibility in extra-contractual obligations (e.g., service robots in tort law). Since robots are here to stay, the aim of the law should be to wisely govern our mutual relationships.