AI Systems Under Criminal Law: a Legal Analysis and a Regulatory Perspective

Criminal liability for acts committed by AI systems has recently become a hot legal topic. This paper includes three different contributions. The first contribution is an analysis of the extent to which an AI system can satisfy the requirements for criminal liability: accomplishing an actus reus , h...

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Bibliographic Details
Published in:Philosophy & technology 2020-09, Vol.33 (3), p.433-465
Main Authors: Lagioia, Francesca, Sartor, Giovanni
Format: Article
Language:English
Subjects:
Book publishing
Computer software industry
Criminal law
Criminal liability
Education
Laws, regulations and rules
Liability (Law)
Philosophy
Philosophy of Technology
Research Article
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Summary:Criminal liability for acts committed by AI systems has recently become a hot legal topic. This paper includes three different contributions. The first contribution is an analysis of the extent to which an AI system can satisfy the requirements for criminal liability: accomplishing an actus reus , having the corresponding mens rea , possessing the cognitive capacities needed for responsibility. The second contribution is a discussion of criminal activity accomplished by an AI entity, with reference to a recent case involving an online bot, the Random Darknet Shopper. This discussion will provide the context for the analysis of commonalities and differences between criminal activities by humans and by artificial systems. The third contribution concerns the evaluation of different ways of addressing criminal activities by AI systems in a regulatory perspective.
ISSN:2210-5433
2210-5441
DOI:10.1007/s13347-019-00362-x