New perspectives on ethics and the laws of artificial intelligence

Magrani, Eduardo

doi:10.14763/2019.3.1420

Cited by 17 publications

(8 citation statements)

References 8 publications

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“…They represent people on stock exchanges, and make decisions on behalf of their owners; they manage several economic processes without direct human contribution and they serve marketing purposes (Dahiyat, 2021) . This very brief enumeration clearly demonstrates that electronic humanoids have diverse economic functions, and their significance is expected to increase continually (Magrani, 2019) . The increasingly vital role of AI in the economy should not, however, lead us to the conclusion that robots must be vested with the same economic rights as ordinary people .…”

Section: Robots As Economic Actorsmentioning

confidence: 99%

The Source of Unexplored Opportunities or an Unpredictable Risk Factor?

Szentgáli-Tóth

2021

PGAF LR

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The Collingridge dilemma or ‘dilemma of control’ presents a problem at the intersection of law, society and technology. New technologies can still be influenced, whether by regulation or policy, in their early stage of development, but their impact on society remains unpredictable. In contrast, once new technologies have become embedded in society, their implications and consequences are clear, but their development can no longer be affected. Resulting in the great challenge of the pacing problem – how technological development increasingly outpaces the creation of appropriate laws and regulations. My paper examines the problematic entanglement and relationship of Artificial Intelligence (AI) and a key aspect of the rule of law, legal certainty. AI is our modern age’s fastest developing and most important technological advancement, a key driver for global socio-economic development, encompassing a broad spectrum of technologies between simple automation and autonomous decision-making. It has the potential to improve healthcare, transportation, communication and to contribute to climate change mitigation. However, its development carries an equal amount of risk, including opaque decision-making, gender-based or other kinds of discrimination, intrusion into private lives and misuse for criminal purposes. The transformative nature of AI technology impacts and challenges law and policymaking. The paper considers the impact of AI through legal certainty on the rule of law, how it may undermine its various elements, among others foreseeability, comprehensibility and clarity of norms. It does so by elaborating on AI’s potential threat brought on by its opacity (‘black box effect’), complexity, unpredictability and partially autonomous behaviour, which all can impede the effective verification of compliance with and the enforcement of new as well as already existing legal rules in international, European and national systems. My paper offers insight into a human-centric and risk-based approach towards AI, based on consideration of legal and ethical questions surrounding the topic, to help ensure transparency and legal certainty in regulatory interventions for the benefit of optimising efficiency of new technologies as well as protecting the existing safeguards of legal certainty.

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Section: Robots As Economic Actorsmentioning

confidence: 99%

The Source of Unexplored Opportunities or an Unpredictable Risk Factor?

Szentgáli-Tóth

2021

PGAF LR

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“…AI systems are increasingly taking on tasks and decisions that are traditionally performed by humans. An essential and ethical question that arise from this is that whether AI system should be endowed with "personhood" and moral or legal agency rights [58].…”

Section: B) Impact On Human Psychologymentioning

confidence: 99%

An Overview of Artificial Intelligence Ethics

Huang

Zhang

Mao

et al. 2023

IEEE Trans. Artif. Intell.

122

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Artificial intelligence (AI) has profoundly changed and will continue to change our lives. AI is being applied in more and more fields and scenarios such as autonomous driving, medical care, media, finance, industrial robots, and internet services. The widespread application of AI and its deep integration with the economy and society have improved efficiency and produced benefits. At the same time, it will inevitably impact the existing social order and raise ethical concerns. Ethical issues, such as privacy leakage, discrimination, unemployment, and security risks, brought about by AI systems have caused great trouble to people. Therefore, AI ethics, which is a field related to the study of ethical issues in AI, has become not only an important research topic in academia, but also an important topic of common concern for individuals, organizations, countries, and society. This paper will give a comprehensive overview of this field by summarizing and analyzing the ethical risks and issues raised by AI, ethical guidelines and principles issued by different organizations, approaches for addressing ethical issues in AI, methods for evaluating the ethics of AI. Additionally, challenges in implementing ethics in AI and some future perspectives are pointed out. We hope our work will provide a systematic and comprehensive overview of AI ethics for researchers and practitioners in this field, especially the beginners of this research discipline.Impact Statement-AI ethics is an important emerging topic among academia, industry, government, society, and individuals. In the past decades, many efforts have been made to study the ethical issues in AI. This article offers a comprehensive overview of the AI ethics field, including the summary and analysis of AI ethical issues, ethical guidelines and principles, approaches to address AI ethical issues, and methods to evaluate the ethics of AI. Additionally, some challenges and future perspectives are discussed. This article will help researchers to obtain sufficient background and a bird's eye view of AI ethics, and thus facilitate their further investigation and research.

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“…On the other hand, the application of the traditional paradigm of civil liability, especially when conceived as a strict liability regime, would expose producers and programmers to unpredictable and potentially unlimited claims for civil liability, with no possibility of reducing the risks by increasing investments in safety (with regard to damage following “unforeseeable” behaviour of AI algorithms). Therefore, it is likely that such an application 19 would prevent them from entering the market or developing it, thereby hampering technological progress (what is sometimes called the risk of “technology chilling”: Montagnani and Cavallo 2020 ; Viscusi and Moore 1991 ; Huber and Litan 1991 ; Parchomovsky and Stein 2008 ; Morgan 2017 ; Magrani 2019 ; Policy Department for Citizens’ Rights and Constitutional Affairs 2020 ; EU Independent High-Level Expert Group On Artificial Intelligence 2019a , b ; Bertolini 2015 ; Pellegatta 2019 ; Palmerini and Bertolini 2016 ).…”

Section: Ai and Civil Liability: The Problem(s)mentioning

confidence: 99%

“…Law scholars have observed that current civil liability legislation can be an obstacle to the development of artificial intelligence and the exploitation of the following benefits (Montagnani and Cavallo 2020 ; Viscusi and Moore 1991 ; Huber and Litan 1991 ; Parchomovsky and Stein 2008 ; Morgan 2017 ; Magrani 2019 ; Policy Department for Citizens’ Rights and Constitutional Affairs 2020 ; EU Independent High-Level Expert Group On Artificial Intelligence 2019a , b ; Bertolini 2015 ; Pellegatta 2019 ; Palmerini and Bertolini 2016 ). A similar obstacle has been observed, in the past, with regard to medical civil liability.…”

Section: A Proposal: the Need To Relieve Producers And Programmers Frmentioning

confidence: 99%

In support of “no-fault” civil liability rules for artificial intelligence

Marchisio

2021

SN Soc Sci

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Civil liability is traditionally understood as indirect market regulation, since the risk of incurring liability for damages gives incentives to invest in safety. Such an approach, however, is inappropriate in the markets of artificial intelligence devices. In fact, according to the current paradigm of civil liability, compensation is allowed only to the extent that “someone” is identified as a debtor. However, in many cases it would not be useful to impose the obligation to pay such compensation to producers and programmers: the algorithms, in fact, can “behave” far independently from the instructions initially provided by programmers so that they can err despite no flaw in design or implementation. Therefore, application of “traditional” civil liability to AI may represent a disincentive to new technologies based on artificial intelligence. This is why I think artificial intelligence requires that the law evolves, on this matter, from an issue of civil liability into one of financial management of losses. No-fault redress schemes could be an interesting and worthy regulatory strategy in order to enable this evolution. Of course, such schemes should apply only in cases where there is no evidence that producers and programmers have acted under conditions of negligence, imprudence or unskillfulness and their activity is adequately compliant with scientifically validated standards.

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New perspectives on ethics and the laws of artificial intelligence

Cited by 17 publications

References 8 publications

The Source of Unexplored Opportunities or an Unpredictable Risk Factor?

The Source of Unexplored Opportunities or an Unpredictable Risk Factor?

An Overview of Artificial Intelligence Ethics

In support of “no-fault” civil liability rules for artificial intelligence

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