On Methods to Legal Regulation of Artificial Intelligence in the World

Abstract

Abstract: In the modern digital age, the issues of using artificial intelligence and the field of development of intelligent technologies are extremely important and relevant. Over the past few years, there have been attempts of state regulation of artificial intelligence, both in Russia and in other countries of the world. Artificial intelligence poses new challenges to various areas of law: from patent to criminal law, from privacy to antitrust law. Among the current approaches, the most optimal is the creation of a separate legal regulation mechanism that creates a clear distinction between areas of responsibility of developers and users of systems with artificial intelligence and the technology itself. Today, the development of the legal framework for the existence of artificial intelligence can be conditionally divided into two approaches: the creation of a legal framework for the introduction of applied systems with artificial intelligence and stimulate their development; regulation of the sphere of creating artificial "super intelligence", in particular, compliance of the developed technologies with generally recognized standards in the field of ethics and law.A separate area should be the introduction of uniform ethical principles for all developers and users of systems with artificial intelligence. The most optimal in this aspect is the approach implemented within the framework of the Asilomar principles. In these circumstances, the appeal to the problem of legal regulation of artificial intelligence is becoming more relevant than ever. This paper presents the results of a detailed analysis of existing approaches to the legal regulation of artificial intelligence.

Artificial Intelligence Applications in Healthcare Sector: Ethical and Legal Challenges

“…The legislations do not include any comprehensive treatment of the various aspects of AI technology, and most of the legislations considered the programs' actions an extension of their users who ask absolutely about the results of their work as if they were issued directly by them, because legislation is equal in judgment between smart programs and other programs that lack the characteristics of intelligence Independence and movement. The smart programs enjoy unexpected independence, according to the dictates of the surrounding environment, and make their decisions without referring to their users, which may create concerns about the legal and moral responsibility that may result from the work of these programs, such as that an autonomous vehicle causes severe damage, as a result of factors [43]. It cannot be predicted or pushed, wondering who should be asked in such eventualities, is it the user, the programmer, the manufacturer, the website manager, the service provider, or the others?…”

The Source of Unexplored Opportunities or an Unpredictable Risk Factor?

“…The previous subchapter intended to prove that robot citizenship is currently incompatible with the existing legal setting . In this section the focus will be on fundamental rights, and evidence will be shown which suggests that even the most developed robots are not yet eligible to fulfil the rights and duties of other citizens (Khisamova, Begishev & Gaifutdinov, 2019) .…”

Criminal Liability of the Artificial Intelligence

“…-empowering AI legal personality identical to that of an individual [25]. The inconsistency of the latter assumption is obvious, since the specificity of the main essential properties of AI, (namely, methods for achieving the goals of punishment), is not taken into account.…”

“…Affected in the context of a possible criticism of our position, based on the fact that one of the constants of criminal responsibility is the awareness by a person undergoing criminal liability, the prohibition of their behavior, the existence of a causal link between his criminal actions negative changes in the protected criminal law to public relation and the application to it of state interventions, resulting in the formation of that person's respect for law and society, the elimination of persistent antisocial installation, prevention of new crimes in the future, which implies sanity and consciousness. Accordingly, there are reasonable grounds to believe that AI is capable of conscious behavior [25].…”