Legal Aspects of Autonomous Systems

Name: Legal Aspects of Autonomous Systems | A Comparative Approach
Brand: Springer
Price: 203.29 EUR
Availability: OnlineOnly

A Comparative Approach

Dário Moura Vicente Rui Soares Pereira Ana Alves Leal(Herausgeber*in)

Springer (Verlag)

1. Auflage

Erschienen am 2. Januar 2024

XII, 382 Seiten

E-Book

PDF mit Wasserzeichen-DRM

Systemvoraussetzungen

978-3-031-47946-5 (ISBN)

203,29 €inkl. 7% MwSt.

Systemvoraussetzungen

für PDF mit Wasserzeichen-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

Weitere Details

Weitere Ausgaben

Personen

Inhalt

Intro
Introduction
Contents
Editors and Contributors
Autonomous Systems and Civil Liability
Autonomous Systems and Tort Law
1 The Limitations of the Traditional Tort Law
1.1 The Centrality of Fault
1.2 Wrongfulness
1.3 Causation
2 The Solutions
2.1 Algorithm Liability
2.2 Strict Liability
2.3 The European Proposal
References
Violation of the Right to Be Forgotten on the Internet: Legal Overview of Tort Law Aspects
1 Introduction and Context
2 The Development of the Right to Be Forgotten
3 The Infringement of the Right to Be Forgotten and Its Legal Implications
4 Legal Overview of Tort Law Aspects
5 A Few Critical Remarks
6 Final Conclusions
References
Suppliers' Civil Liability for Damage Caused by Autonomous Vehicles: A Brazilian Perspective
1 Introduction
2 The Two Hypothetical Scenarios and the Possible Paths for the Brazilian Law
3 Providing Solutions for Both Hypothetical Scenarios
4 Concluding Remarks
References
European AI Regulation Perspectives and Trends
1 Background
2 Between Ethics and Law
3 Legal Regulation
4 The Place of Civil Liability in the AI Regulation
5 Conclusions
References
Autonomous Systems, Attribution and Punishment
The Basic Models of Criminal Liability of AI Systems and Outer Circles
1 Introduction
2 The Perpetration-by-Another Liability Model
3 The Natural Probable Consequence Liability Model
4 The Direct Liability Model
5 Coordination of the Three Liability Models
References
Punishing Artificial Intelligence: Legal Fiction or Science Fiction
1 Introduction
2 Artificial Intelligence and Punishment
2.1 Introduction to Artificial Intelligence
2.2 A Framework for Understanding AI Crime
2.3 A Mainstream Theory of Punishment
3 The Affirmative Case
3.1 Consequentialist Benefits
3.2 Expressive Considerations
4 Retributive and Conceptual Limitations
4.1 The Eligibility Challenge
4.2 Further Retributivist Challenges: Reducibility
4.3 Not Really Punishment?
5 Feasible Alternatives
5.1 First Alternative: The Status Quo
5.2 Second Alternative: Minimally Extending Criminal Law
5.3 Third Alternative: Moderate Changes to Civil Liability
5.4 Concluding Thoughts
References
Robots and Liability: New Criteria and Attribution Methods
1 Introduction: Tort Law for Robots
2 Criteria and Methods for the Attribution of Liability in National Law
2.1 Application of Consumer Law Regulations
2.2 Application of General Civil Liability Regulations
3 Criteria and Methods for Attribution of Legal Liability in European Law
3.1 European Parliament Resolution of 16 February 2017 with Recommendations to the Commission on Civil Law Rules on Robotics
3.2 European Parliament Resolution of 20 October 2020 with Recommendations to the Commission on a Civil Liability Regime for Artificial Intelligence
3.3 Proposal of 21 April 2002 for an Artificial Intelligence Act
3.4 Proposal of 28 September 2022 for an AI Liability Directive
4 Conclusions
4.1 Protecting the Victims of AI Systems
4.2 An Urgent Need for Regulation
4.3 Risk Must Be a Determining Factor in the Liability Attribution System
4.4 A Strict Liability Criterion in Cases of High-Risk AI Systems Must Be Regulated
4.5 Fine-Tuning the Application of the Rules in the Absence of Specific Regulation
References
Self-Driving Cars and Criminal Law
1 Introduction
2 The Problem of the Tragic Choice: The Main Barrier to the Introduction of the Self-Driving Cars?
3 A Few Cases
3.1 Case One
3.2 Case Two
3.3 Case Three
3.4 Case Four
3.5 Case Five
4 State of the Discussion and Main Challenges
5 Conclusion
References
Autonomous Systems and Wrongdoing: Revisiting the Meaning of Wrongdoing
1 Introduction
2 Wrongdoing and Civil Liability
2.1 Wrongdoing and Tort Liability
2.2 Wrongdoing and Other Non-contractual Civil Liability Situations
2.3 The Meanings of Wrongdoing Relevant for Damage Caused by Autonomous Systems
3 Wrongdoing and Criminal Liability
3.1 Traditional Perspectives on the Criminal Concept of Wrongdoing
3.2 Criminal Wrongdoing as Violation of the Duties of Cooperation that Derive from the Status of Citizen
4 Wrongdoing of the Citizen and Situations of Criminal Liability for Wrongful Results Caused by Autonomous Systems
4.1 Resemblances to Duff's Normative Theory of Criminal Law and of Criminalization and the Link to the Status of Citizen
4.2 Resemblances to Liability Systems that Do Not Distinguish Between Wrongfulness and Fault
4.3 Difficulties in Solving Criminal Liability Situations for Damage or Wrongful Results Caused by Autonomous Systems
5 Concluding Remarks
References
Algorithmic Protection of the Core Area of Private Life. On the Deployment of Artificial Intelligence in Computer and Network Surveillance as a Duty of the State
1 Introduction
2 Computer and Network Surveillance as Criminal Procedural Interference with Fundamental Rights
3 The Fundamental Right to the Guarantee of Confidentiality and Integrity of Information Technology Systems and Its Essence
3.1 The Fundamental Right to the Guarantee of Confidentiality and Integrity of Information Technology Systems
3.2 On the Essence: The Core Area of Private Life
4 What is Deep Learning and What Can It Do?
5 Deep Learning in Computer and Network Surveillance-Already a State Duty?
5.1 Deep Learning in the Proportionality Assessment
5.2 Is the Application of Deep Learning in the Course of Computer and Network Surveillance Already a Duty of the State?
6 Conclusion
References
The Spread of Fake News by Social Bots: Perspectives on Social Bot Regulation
1 Introduction
2 What Are Social Bots?
3 Are Social Bots Dangerous?
4 Are There Solutions to the Identification Problem?
4.1 The Technical Approach
4.2 The Normative Approaches
5 Is There a Way Out of the Authoritarian Path?
6 Conclusions
References
Autonomous Systems and Decision-Making
Judicial Power Without Judicial Responsibility: The Case Against Robot Judges
1 Introduction
2 It Is Possible to Do It?
2.1 Preliminary Remarks
2.2 The Goal: Good Judicial Decisions
2.3 A Goal that is Unattainable from the Outset?
2.4 Interim Conclusion
3 Is It Admissible to Do It?
3.1 Positive Law Obstacles?
3.2 Pre-positive Obstacles: Incompatibility with the Nature of Law?
4 Conclusion
References
Regulating Judge Artificial Intelligence (AI)
1 Introduction
2 Data and Machine Learning
3 Expert Judge AI Systems
4 To What Extent Will Human Judging Be Retained?
5 Emotion and Judging
6 What Cases?
7 Ethical Frameworks for Judge AI
8 Conclusion
References
Artificial Intelligence, Probabilities and Evidence
1 Why Do Probabilities (May) Matter?
2 Many Probabilities: The (Possible) Case for a Subjective Interpretation of Probabilities in a Legal Context
3 Bayes' Theorem
4 A Case Study (Legionella)
5 Concluding Remarks
References
Creative Machines-Machine Learning Models, Copyright, and Computational Creativity
1 Introduction
1.1 A Short Story of AI Art
1.2 Context of the Discussion
1.3 Structure of This Chapter
2 Terminology: Autonomy and the Creative Process
2.1 Trying to Define Autonomy
2.2 The Creative Process
3 Machine Learning Models and the Creative Process
3.1 High-Level Overview of Machine Learning Systems
3.2 Using Machine Learning Models in the Creative Process
4 Machine Learning Art and (German) Copyright
4.1 Copyright Protection in Germany
4.2 Copyright Protection for Machine Learning Output
4.3 Application of the Three-Step-Test
5 Computational Creativity
6 Conclusion
References
Autonomous Systems and Contracts
Blockchain(s), Smart Contracts and Intellectual Property
1 Introduction
2 Bitcoin, Cryptocurrency and Blockchains
3 Smart Contracts: Definition and Historical Background
4 Blockchain and Smart Contracts IP Applications
4.1 Registration and Proof of Provenance
4.2 IP Rights Management
4.3 Enforcement and Combating Counterfeit
5 Current Problems
5.1 Technological Feasibility
5.2 IP Problems
6 Conclusion
References
Algorithms, Creditworthiness, and Lending Decisions
1 Introduction
2 Legal Discourse on Algorithms and Regulatory Models
3 Alternative Data: Panacea or Curse?
4 Prejudice and Distrust Towards Algorithms. A Deconstruction
4.1 The Argument of the "Discriminatory Effect"
4.2 The Argument of the "Harmful Effect"
4.3 The Argument of the "Multiplier Effect"
5 Opacity and Decision-Making
6 The Lending Decision and the Creditworthiness Assessment
7 Credit Scoring: The Score as a Measure of Trust
8 Refusal of Credit and Cut Credit Decisions. When "No" Is Not An Answer
9 Concluding Remarks
References
Blockchain, Currency and Systemic Issues
1 Introduction
2 Conventional Monetary Objects and Cryptocurrencies
2.1 Conventional Monetary Objects
2.2 Cryptocurrencies
2.3 Differences and Similarities
2.4 Risks
3 Applicability of the Legal Framework Governing Conventional Monetary Objects to Cryptocurrencies
3.1 The Regulation on Markets in Crypto-Assets ("MiCAR")
References
CorpTech and Self-Driving Corporate Governance
1 Corptech: The New Algorithmic Corporation
2 Admissibility of "Robo-Boards" or "Algo-Boards"?
3 Delegation of Governance Powers to Artificial Intelligence and Directors' Liability
4 AI Governance
References

Systemvoraussetzungen

Als PDF speichern Als Link merken