Civil Liability for Artificial Intelligence and Software PDF Download

Author: Mark A. Geistfeld
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110775409
Category : Law
Languages : en
Pages : 416

View

Book Description
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: Tatjana Evas
Publisher:
ISBN: 9789284671274
Category :
Languages : en
Pages : 220

View

Book Description
The findings of this European added value assessment (EAVA) suggest that the revision of the EU civil liability regime for artificial intelligence systems (AI) would likely generate substantial economic and social added value. The current preliminary analysis suggests that by 2030, EU action on liability could generate €54.8 billion in added value for the EU economy by stepping up the level of research and development in AI and in the range of €498.3 billion if other broader impacts, including reductions in accidents, health and environmental impacts and user impacts are also taken into consideration. A clear and coherent EU civil liability regime for AI has the potential to reduce risks and increase safety, decrease legal uncertainty and related legal and litigation costs, and enhance consumer rights and trust. Those elements together could facilitate the faster and arguably safer uptake and diffusion of AI. Member States have not yet adopted specific legislation related to the regulation of liability for AI, with some exceptions related to drones, autonomous vehicles and medical AI applications. Timely action at EU level would therefore reduce regulatory fragmentation and costs for producers of AI while also helping to secure high levels of protection for fundamental and consumer rights in the EU.

Author: Anna Beckers
Publisher: Bloomsbury Publishing
ISBN: 1509949356
Category : Law
Languages : en
Pages : 240

View

Book Description
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: Paweł Księżak
Publisher: Springer Nature
ISBN: 3031194470
Category : Law
Languages : en
Pages : 299

View

Book Description
This book provides a set of proposals for the new conceptual network required in order to establish civil law rules for a world permeated by Artificial Intelligence. These proposals are intended by their authors to push the debate on the new civil law forward. In spite of the natural conservatism of jurists, some innovative or even futuristic ideas are called for, also because the future, even this not-so-distant one, is difficult to foresee. Paradoxically, and unlike in the past, this lack of knowledge must not stop us from planning. If it does, humankind may, as some pessimists already claim, lose its chance to win the battle for control of the world. The rise and expansion of Artificial Intelligence and robotics in recent years has highlighted a pressing need to create a suitable legal framework for this new phenomenon. The debate on the subject, although wide-ranging and involving many new legal documents, is still quite general and preliminary in nature, although these preparatory works illustrate the very real need to develop appropriate new civil law arrangements. It is exactly the branch of private law where the necessity of these new rules appears to be the most imperative. Autonomous vehicles, medical robots, and expertise software raise fundamental questions on aspects of civil liability such as culpability; whereas the growth in popularity of automated, intelligent software systems for concluding contracts requires a new approach to many fundamental and deeply rooted elements of contract law, e.g. consciousness, intent, error, deception, interpretation of contracts and good faith. Ruling on these specific matters demands the identification and clarification of certain key points, which shall become the foundation for constructing AI/robot civil law.

Author: CAPPIELLO BENEDETTA
Publisher: G Giappichelli Editore
ISBN: 8892170015
Category : Law
Languages : en
Pages : 240

View

Book Description
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: Phillip Morgan
Publisher: Edward Elgar Publishing
ISBN: 1802203842
Category : Law
Languages : en
Pages : 277

View

Book Description
Autonomous systems driven by artificial intelligence (AI) technologies have significant potential for increased productivity and improved safety in many sectors, but it is inevitable that some accidents will occur. The law needs an adequate way to respond to these scenarios and compensate those wrongfully injured. This comprehensive book examines the unique difficulties that autonomous systems create for existing accident compensation systems founded on tort, and proposes solutions.

Author: Nikos Th. Nikolinakos
Publisher: Springer
ISBN: 9783031679681
Category : Law
Languages : en
Pages : 0

View

Book Description
This book highlights the challenges that artificial intelligence (AI), robotics, the Internet of Things (IoT), and other emerging digital technologies pose to existing EU and national liability legislation, while also tracing the evolution of the relevant EU policy and legal framework. Recognising that Member States’ current national fault-based liability rules are ill-suited to handle compensation claims for AI-related harm, the book emphasises the difficulty victims face in proving fault and causation due to AI’s unique characteristics, such as autonomy and opacity (“black box” effect). Similarly, the current Product Liability Directive (PLD) has several shortcomings: certain products, economic actors, and types of damage in the digital and circular economy are not covered under strict liability; proving defectiveness and establishing a causal link with damage, especially for complex products, is often challenging; in addition, liability claims are subject to restrictive limits and thresholds. The book discusses in detail the European Commission’s proposal for a Directive on harmonising civil liability rules for damage caused by AI systems (the ‘proposed AI Liability Directive’). It also offers a thorough analysis of the European Commission’s proposal for a revised Product Liability Directive, compares it with the positions of the Council of the EU and the European Parliament, and discusses the final text approved by the Plenary of the European Parliament in March 2024. The book incorporates comments from various parties, offering insights into the approaches of EU institutions and the conflicting interests among stakeholders. Presenting carefully grounded arguments, this volume serves as a valuable resource for understanding the interplay between policy and law within the new EU liability framework for AI and other innovative products. This forthcoming EU regime represents a significant shift in the liability landscape, potentially heightening litigation risks. Its success will depend on achieving the EU’s overarching objective: ensuring fair compensation while fostering technological innovation.

Author: Gabriel Hallevy
Publisher: Springer
ISBN: 3319101242
Category : Law
Languages : en
Pages : 262

View

Book Description
The book develops a general legal theory concerning the liability for offenses involving artificial intelligence systems. The involvement of the artificial intelligence systems in these offenses may be as perpetrators, accomplices or mere instruments. The general legal theory proposed in this book is based on the current criminal law in most modern legal systems. In most modern countries, unmanned vehicles, sophisticated surgical systems, industrial computing systems, trading algorithms and other artificial intelligence systems are commonly used for both industrial and personal purposes. The question of legal liability arises when something goes wrong, e.g. the unmanned vehicle is involved in a car accident, the surgical system is involved in a surgical error or the trading algorithm is involved in fraud, etc. Who is to be held liable for these offenses: the manufacturer, the programmer, the user, or, perhaps, the artificial intelligence system itself? The concept of liability for crimes involving artificial intelligence systems has not yet been widely researched. Advanced technologies are forcing society to face new challenges, both technical and legal. The idea of liability in the specific context of artificial intelligence systems is one such challenge that should be thoroughly explored.

Author: CAPPIELLO BENEDETTA
Publisher: G Giappichelli Editore
ISBN: 889214328X
Category : Law
Languages : en
Pages : 26

View

Book Description
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
ISBN: 1108424821
Category : Computers
Languages : en
Pages : 321

View

Book Description
Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.