The emergence of generative AI will exacerbate the crack of criminal liability, and the chain of responsibility between developers, users, and the system itself is not coherent. How should we bridge the gap in criminal responsibility? Will the introduction of the EU's Artificial Intelligence Act help solve this problem? Please share your opinion.
Interesting question!
I've just written an article regarding this, but it is in Russian, unfortunately.
Yaroslava Kuchina Can you share your article. In the era of LLM, the language issue is not a big problem ;)
Shilin Cai In principle, the EU AI Act does not directly solve the problem of criminal liability between programmers, users and the AI system itself. However, it introduces certain requirements and obligations for high-risk AI systems that may impact liability issues. For example, the Act requires high-risk AI systems to be transparent and subject to human oversight. This can help determine who is responsible when something goes wrong.
The European Commission has developed a proposal for an Artificial Intelligence Liability Directive (AILD), which aims to facilitate claims for damage caused by AI systems. This directive aims to adapt civil liability rules to the specific challenges posed by AI.
The EU AI Act and the proposed AILD directive may help address some of the issues surrounding liability for AI, but they do not directly address the issue of criminal liability.
Interesting article by Nora Osmani
Article The Complexity of Criminal Liability of AI Systems
Krzysztof Jan Jakubski thank you for the recommended article, very insightful.
As for mine, it can be found here Article Uniformity of Terminology and Limits of Assessment of its Fe...
.It is a response to particular discussions, not the concept in general. That is why I strongly stay in the position that the criminal liability of AI may cause excessive changes in criminal law and the system is not yet ready for it.
But at the same time, it is interesting, for example, to consider in rem of common law and AI criminal liability or such liability in general as a future legal concept.
Another interesting article, although from several years ago
Article Could AI Agents Be Held Criminally Liable? Artificial Intell...
I recommend the latest International Scientific Report on the Safety of Advanced AI
https://assets.publishing.service.gov.uk/media/66474eab4f29e1d07fadca3d/international_scientific_report_on_the_safety_of_advanced_ai_interim_report.pdf
SEAHI, S. E. A. H. I. G. P. (2023). A Review Of The Issues And Challenges In Relation To The Criminal Liability Of Artificial Intelligence Entities. International Journal of Innovative Legal & Political Studies 11(4):1-9, Oct.-Dec., 2023.
https://www.academia.edu/109061152/A_Review_Of_The_Issues_And_Challenges_In_Relation_To_The_Criminal_Liability_Of_Artificial_Intelligence_Entities
I found it on the Internet at akademia.edu - provided by the author
https://www.academia.edu/38665852/Legal_liability_issues_and_regulation_of_Artificial_Intelligence_AI_Dissertation_work_Post_Graduate_Diploma_in_Cyber_Laws_and_Cyber_Forensics_Course_Code_PGDCLCF_Submitted_by_Jomon_P_Jose
I recommend
https://www.maklugarant.eu/en/products/details/criminalisation-of-ai-related-offences-international-colloquium-bucharest-romania-14th-16th-june-2023-fernando-miro-llinares-constantin-duvac-tudorel-toader-mario-santisteban-galarza-artificial-intelligence-9789046612477-367996
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