ARTIFICIAL INTELLIGENCE AND THE LAW: THE CHALLENGES OF ESTABLISHING CRIMINAL LIABILITY IN THE DIGITAL AGE
P.A. Dvornikova, A.S. Osadchaya · Juridical scientific and electronic journal · 2024
The article provides a detailed analysis of the essence, definition, and classification of artificial intelligence (AI), which is an extremely relevant topic in the context of rapid technological development.The author emphasizes the lack of a unified opinion not only regarding the definition of the concept of artificial intelligence but also concerning its capabilities and potential threats.This issue sparks numerous discussions among scientists, legal experts, and technologists, as different approaches to interpreting AI can significantly impact the legal and ethical aspects of its use.The paper also notes that the development of technologies, particularly autonomous systems, presents new challenges for society related to the legal status of artificial intelligence.Difficulties arise not only in the context of defining the legal status of AI but also in determining its liability under the law.The author highlights that traditional legal frameworks may not always adequately regulate the new realities associated with autonomous systems capable of making decisions without human intervention.By examining legislative and doctrinal norms in various jurisdictions, such as the USA, EU, Brazil, China, and Ukraine, the author seeks to clarify who is responsible for the actions of autonomous systems with artificial intelligence.This question is extremely important because in cases of harm or wrongdoing caused by an autonomous system, there is a need to identify the subject of responsibility.Whether it will be the software developer, the system's owner, or the system itself is a matter that requires detailed analysis.The article also explores the possibilities of holding artificial intelligence criminally liable.The author investigates whether it is possible to recognize AI as a subject of criminal law or whether responsibility will always rest with physical or legal persons.Different models of liability are examined, including the concept of "collective responsibility," which may be applicable in the context of actions taken by autonomous systems.Thus, the paper highlights the complexity and multifaceted nature of the issues surrounding artificial intelligence in the context of law and ethics.The author calls for the development of new legal norms and ethical standards that could adequately regulate relationships between humans and autonomous systems in the face of rapid technological advancement.