Navigating AI Liability in Criminal Law
Sneha, Shreya Chatterjee, Abhinash Mohanta, Shreya · Advances in finance, accounting, and economics book series · 2024
With an emphasis on the actus reus component of culpability, this chapter examines the liability concerns that arise when an autonomous artificial intelligence (AI) commits a crime. The chapter delves into general criminal law theories, employing a doctrinal study of law to determine the appropriate accountability for AI-caused harm. The chapter also examines legal obligations, including situations where a party may need to intervene, and delves into the potential use of AI as a covert agent in illicit activities. The chapter evaluates various remedies, such as giving AI legal personhood or imposing a civil law supervision obligation on AI owners. However, it concludes that these remedies are inadequate and that the best framework for handling AI-related culpability may not be criminal law.