Is this a case for civil or criminal law or both? Who is the private or authority that can demand an answer from the agent (to whom is x responsible?)

Study of ethical/legal responsibility, Artificial Intelligence rights and liability. Distributed as follows:

  1. Pick a case of study (domain) and introduce it. (≈ 300 words) 5% Possible domains: internet of things, listening devices, love-sex robots, military-policing, face recognition, attack decision, or any other of your preference.
  2. Analysis of ethical and legal agency. (≈ 500 words) 20%
  3. Analysis of human-AI rights. (≈ 500 words) 20%
  4. Analysis of AI liability. (≈ 500 words) 20%
  5. Conclusions and general discussion. (≈ 500 words) 5%

 

 

  • Introduction
    • Description of the case
    • Justification for an ethical analysis
  • Ethical agency
    • Ethics setting, who is morally responsible?
  • Ethics and Law, legal agency
    • Who is legally responsible?
  • Rights
    • AI rights
    • Rights of humans involved
  • Liability
    • Who is to be blamed? Who pays compensation?
    • Is there criminal liability?
  • In the future?

 

 

Questions to be addressed: Ethical responsibility

  1. Who is the agent(s) bearer of ethical responsibility (who is responsible?);
  2. The behavior for which the ethical agent is responsible for (what is x responsible for?);
  3. Who is the private or authority that can demand an answer from the agent (to whom is x responsible?)
  4. The normative criteria that define the conditions under which x is responsible, are there any exceptions that restrict the extent of responsibility?
  5. For accountability and liability is the agent capable of answering about the consequences of not fulfilling their obligation?
  6. In the future?

 

 

Questions to be addressed: legal responsibility

  1. Is this a case for civil or criminal law or both? Who is the private or authority that can demand an answer from the agent (to whom is x responsible?)
  2. Who is the agent(s) legally responsible?
  3. The behavior for which the agent is responsible for (what is x responsible for?)
  4. The normative criteria that define the conditions under which x is responsible, are there any exceptions that restrict the extent of responsibility?
  5. Has any of the parts incurred in a breach of contract?
  6. Is this a civil wrong case? What is the source of liability negligence, vicarious liability, and strict liability (product)?
  7. Is there a case for human criminal responsibility for the AI’s acts? Is there a significant retribution gap?
  8. In the future?

 

Questions to be addressed: Artificial Intelligence rights

  • Whose rights are affected: humans, AI?
  • Is there an infringement of human rights?
  • What is the object of the right, what right is affected: life, property, free expression, privacy, …?
  • Why the right holder has the right: moral reasons, legal rights, tradition?
  • Is it an inalienable right? (e.g., to life); is it forfeitable – can it be lost/hijacked? (e.g., freedom); is it waivable – can it be relinquished? (e.g., renouncing to your right of a promise be kept).
  • What is the Hohfeldlian structure? Who has power, privilege, immunity, claim?
  • In the future?

 

 

Questions to be addressed: liability and control

  • Who is liable for the AI actions? The AI? Otherwise, who is the legal person liable for its actions?
  • Is the causation chain between the recognised legal person and the outcome broken?
  • Would the behaviour of the AI have changed if liability would have been assigned to it?
  • How could we exert a better control over the AI? Would this control affect the AI rights and responsibilities?
  • In the future?