scholarly journals Civil legal personality of artificial intelligence. Future or utopia?

2021 ◽  
Vol 10 (2) ◽  
Author(s):  
Karolina Ziemianin
Keyword(s):  
Artificial Intelligence ◽  
Legal Personality

scholarly journals Criminal Liability and Artificial Intelligence: Theoretical and Applied Aspects

2019 ◽  
Vol 13 (4) ◽  
pp. 564-574 ◽  
Author(s):  
Zarina Khisamova ◽  
Ildar Begishev
Keyword(s):  
Artificial Intelligence ◽  
Criminal Law ◽  
Legal Status ◽  
Industrial Revolution ◽  
Criminal Liability ◽  
Criminal Code ◽  
Design Development ◽  
Legal Personality ◽  
Active Involvement ◽  
Self Learning

The humanity is now at the threshold of a new era when a widening use of artificial intelligence (AI) will start a new industrial revolution. Its use inevitably leads to the problem of ethical choice, it gives rise to new legal issues that require urgent actions. The authors analyze the criminal law assessment of the actions of AI. Primarily, the still open issue of liability for the actions of AI that is capable of self-learning and makes a decision to act / not to act, which is qualified as a crime. As a result, there is a necessity to form a system of criminal law measures of counteracting crimes committed with the use of AI. It is shown that the application of AI could lead to four scenarios requiring criminal law regulation. It is stressed that there is a need for a clear, strict and effective definition of the ethical boundaries in the design, development, production, use and modification of AI. The authors argue that it should be recognized as a source of high risk. They specifically state that although the Criminal Code of the Russian Fe­deration contains norms that determine liability for cybercrimes, it does not eliminate the possibility of prosecution for infringements committed with the use of AI under the general norms of punishment for various crimes. The authors also consider it possible to establish a system to standardize and certify the activities of designing AI and putting it into operation. Meanwhile, an autonomous AI that is capable of self-learning is considerably different from other phenomena and objects, and the situation with the liability of AI which independently decides to undertake an action qualified as a crime is much more complicated. The authors analyze the resolution of the European Parliament on the possibility of granting AI legal status and discuss its key principles and meaning. They pay special attention to the issue of recognizing AI as a legal personality. It is suggested that a legal fiction should be used as a technique, when a special legal personality of AI can be perceived as an unusual legal situation that is different from reality. It is believed that such a solution can eliminate a number of existing legal limitations which prevent active involvement of AI into the legal space.

scholarly journals ARTIFICIAL INTELLIGENCE: IS IT A THREAT OR AN OPPORTUNITY BASED ON ITS LEGAL PERSONALITY AND CRIMINAL LIABILITY?

2021 ◽  
Vol 6 (20) ◽  
pp. 01-09
Author(s):  
Mark Louis ◽  
Angelina Anne Fernandez ◽  
Nazura Abdul Manap ◽  
Shamini Kandasamy ◽  
Sin Yee Lee
Keyword(s):  
Artificial Intelligence ◽  
Information Technology ◽  
Criminal Liability ◽  
Legal Person ◽  
Human Intelligence ◽  
Legal Research ◽  
Legal Personality ◽  
The World ◽  
Technological World ◽  
The Impact

Information technology is taking the world by storm. The technological world is changing rapidly and drastically. Human activities are taken over by robots and computers. The usage of computers and robots has increased productivity in various sectors. The emergence of artificial intelligence has stirred up many debates on both its importance and limitations. Artificial intelligence is directed to the usage of Information Technology in conducting tasks that normally require human intelligence. The expectation of artificial intelligence is high, nevertheless, artificial intelligence has its shortcomings namely the impact of artificial intelligence on the concept of a legal personality. The problem with artificial Intelligence is the debate on whether does it have a legal personality? And another problem is under what situation does the law treat artificial intelligence as an entity with its own rights and obligations. The objective of this article is to examine the various definitions of legal personality and whether artificial intelligence can become a legal person. The article will also examine the criminal liability of artificial intelligence when a crime has been committed. The methodology adopted is qualitative namely Doctrinal Legal Research by analyzing the relevant legal views from various journals on artificial intelligence. The study found out that artificial intelligence has its limitations in defining its legal personality and also in examining the criminal liability when a crime has been committed by robots.

ARTIFICIAL INTELLIGENCE CRIMES

2019 ◽  
pp. 10-13
Author(s):  
V.A. Tyrranen ◽  
Keyword(s):  
Artificial Intelligence ◽  
Information Security ◽  
Criminal Law ◽  
Computer Technology ◽  
Objective Assessment ◽  
Criminal Prosecution ◽  
Legal Personality ◽  
Legitimate Interests ◽  
Widespread Dissemination

The article is devoted to current threats to information security associated with the widespread dissemination of computer technology. The author considers one of the aspects of cybercrime, namely crime using artificial intelligence. The concept of artificial intelligence is analyzed, a definition is proposed that is sufficient for effective enforcement. The article discusses the problems of criminalizing such crimes, the difficulties of solving the issue of legal personality and delinquency of artificial intelligence are shown. The author gives various cases, explaining why difficulties arise in determining the person responsible for the crime, gives an objective assessment of the possibility of criminal prosecution of the creators of the software, in the work of which there were errors that caused harm to the rights protected by criminal law and legitimate interests.

scholarly journals Criminological Risks of Using Artificial Intelligence

2018 ◽  
Vol 12 (6) ◽  
pp. 767-775 ◽  
Author(s):  
Ildar Begishev ◽  
Zarina Khisamova
Keyword(s):  
Artificial Intelligence ◽  
Intelligent System ◽  
State Level ◽  
Legal Regulation ◽  
Theoretical Concept ◽  
Negative Effects ◽  
Global Business ◽  
Legal Personality ◽  
Digital World ◽  
The Status

The topics of artificial intelligence (AI) and the development of intelligent technologies are highly relevant and important in the modern digital world. Over its fifty years of history, AI has developed from a theoretical concept to an intelligent system capable of making independent decisions. Key advantages of using AI include, primarily, an opportunity for mankind to get rid of routine work and to engage in creative activities that machines are not capable of. According to international consulting agencies, global business investments in digital transformation will reach 58 trillion USD by 2021, while global GDP will grow by 14 %, or 15.7 trillion USD, in connection with the active use of AI. However, its rapid evolvement poses new threats connected with AI’s ability to self-develop that the state and the society have to counteract; specifically, they have to introduce normative regulation of AI activities and to address threats arising from its functioning. The authors present a thorough analysis of the opinions of leading researchers in the field of social aspects of AI’s functioning. They also state that the regulation of the status of AI as a legal personality, not to mention its ability to commit legally meaningful actions, remains an open question today. At present, the process of creating a criminological basis for applying AI, connected with the development of new intelligent technologies, is underway, it requires actions and decisions aimed at preventing possible negative effects of its use and reacting to them on a state level. The authors’ analysis of the history of AI’s emergence and development has allowed them to outline its key features that pose criminological risks, to determine criminological risks of using AI and to present their own classification of such risks. In particular, they single out direct and indirect criminological risks of using AI. A detailed analysis has allowed the authors to identify an objective need for establishing special state agencies that will develop state policy in the sphere of normative legal regulation, control and supervision over the use of AI.

scholarly journals Legal Personality of an Interpreter in Criminal Proceedings in the Age of Digitalization

Lex Russica ◽  
2021 ◽  
pp. 77-87
Author(s):  
E. K. Antonovich
Keyword(s):  
Artificial Intelligence ◽  
Law Enforcement ◽  
Information Technologies ◽  
Digital Technologies ◽  
Electronic Format ◽  
Positive Experience ◽  
Criminal Proceedings ◽  
Legal Personality ◽  
Foreign Countries ◽  
The Russian Federation

The importance of digitalization in all industries is increasing, especially since the possibilities of information technologies are obvious. Criminal proceedings are no exception. In criminal proceedings, information technologies are generally used in the production of an investigative action or with the transition of the entire criminal proceedings to an electronic format. Digitalization in criminal proceedings can be caused by the search for the optimal way to increase the efficiency of criminal proceedings and create reliable guarantees for the protection of the rights and freedoms of persons involved in the criminal proceedings, the use of information technologies on a single digital platform in the paradigm of decisions and evidence. Therefore, digitalization can play a certain role in making decisions about the participation of a person in criminal proceedings.The concept of "artificial intelligence (AI)" appeared in the middle of the last century, but it is only now that AI itself and its capabilities became of interest to society. Modern electronic dictionaries and built-in translators have become popular. It seems important to take into account the very nature of digital technologies.The paper is devoted to clarifying the question of whether multi-vector and multi-valued information technologies can replace any participants in criminal proceedings or become one of the conditions for creating a basis for such a participant as a translator to enter the sphere of criminal proceedings. We will analyze not only the legislation and law enforcement practice of the Russian Federation, but also the positive experience of legislation and law enforcement practice of some foreign countries.

scholarly journals Artificial intelligence: economy, intellectual property, threats

2021 ◽  
pp. 56-74
Author(s):  
Hennadii Androshchuk
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Protection ◽  
World Market ◽  
Legal Regulation ◽  
White Paper ◽  
Theoretical Research ◽  
Digital Information ◽  
Legal Analysis ◽  
Legal Personality

Keywords: artificial intelligence, economic impact, intellectual property, regulation,cybersecurity, risks, threats, national security Artificial intelligence (AI) technologies, the spread of which is based on thewidespread use of digital information and the rapid growth of computing power, areleaving the realm of purely theoretical research and becoming one of the segmentsof the world market that can have truly revolutionary consequences. The paper provideseconomic and legal analysis of the state and trends of AI, identifies its impacton the economy, the importance of the role of intellectual property (IP), assesses therisks, threats and dangers of criminal use of AI, developed mechanisms to counterthem. The development of AI technologies as an integral part of «Industry 4.0» isconsidered, the main provisions of the «White Paper on Artificial Intelligence» ofthe EU are studied.Over the next decade, the EU plans to spend $20 billion a year on AI development.At the same time, the protection of IP rights in the context of AI development and relatedtechnologies has been unconsidered by the Commission, despite the key importanceof these rights. In legal regulation, AI is seen as a new challenge for the economyand the legal system, a new phenomenon that has a multiplier effect, a legal phenomenonin the structure of legal relations, a new object for legal regulation. The introduction of AI in the field of IP creates new legal and economic problems.The creation of AI works is an integral area of activity in the modern digital economy.These circumstances bring to the fore the problem of recognition of authorship in thecreation of AI works, the possibility of authors to dispose of their rights and their useof mechanisms for legal protection of IP. The analysis of the cases considered bycourts connected with a problem of legal personality of AI is carried out, legislative activityon this question is studied. Possibilities and dangers of criminal use of AI areshown. They are ranked in order of their level of danger — depending on the harmthey may cause, the potential benefit or the benefit of crime. Prospects for the developmentof AI in Ukraine are shown, the Concept of development of artificial intelligencein Ukraine is analysed. It is concluded that AI should become one of the key driversof digital transformation and overall growth of Ukraine's economy.

scholarly journals ARTIFICIAL INTELLIGENCE AND THE LIMITS OF LEGAL PERSONALITY

2020 ◽  
Vol 69 (4) ◽  
pp. 819-844
Author(s):  
Simon Chesterman
Keyword(s):  
Artificial Intelligence ◽  
Systems Approach ◽  
Legal Systems ◽  
Legal Personality

AbstractAs artificial intelligence (AI) systems become more sophisticated and play a larger role in society, arguments that they should have some form of legal personality gain credence. The arguments are typically framed in instrumental terms, with comparisons to juridical persons such as corporations. Implicit in those arguments, or explicit in their illustrations and examples, is the idea that as AI systems approach the point of indistinguishability from humans they should be entitled to a status comparable to natural persons. This article contends that although most legal systems could create a novel category of legal persons, such arguments are insufficient to show that they should.

scholarly journals Application of Artificial Intelligence Technologies in the Creation of Vaccines and other Intellectual Property Objects (Legal Aspects)

2020 ◽  
Vol 15 (7) ◽  
pp. 76-90
Author(s):  
B. A. Shakhnazarov
Keyword(s):  
Artificial Intelligence ◽  
Intellectual Property ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Constitutional Rights ◽  
Intellectual Activity ◽  
Legal Personality ◽  
The Public ◽  
International Instruments

The paper is devoted to the issues associated with the use of artificial intelligence (AI) technologies in intellectual property objects, in particular vaccines, in the context of fight against a pandemic. It is emphasized that AI technologies allow us to overcome similar problems at the national and international levels and to prevent their recurrence in the future. The author highlights that the most important requirements for observance of constitutional rights and freedoms of citizens consolidated in regulatory acts and impossibility of their restriction in AI technologies must be supplemented with clear rules regulating the legal framework of artificial intelligence, including intellectual activity, and responsibility of developers and AI users. At the same time, the AI legal personality also needs to be thoroughly elaborated with the focus on providing a reasonable balance of rights, responsibilities and eligibility among developers, AI users, and other addressees entering into legal relationships involving artificial intelligence. A key aspect in the context of the legal regulation of the results of intellectual activity created entirely or partially by artificial intelligence is represented by the balance between the interests of rights holders and the public interests. Possible restrictions of rights of copyright holders as established in international instruments (Para 31 of the 1994 Agreement on Trade-Related Aspects of Intellectual Property Rights) should be accepted as a harmonizing basis and adopted in national legal systems. At the same time, rights holders must be provided with appropriate guarantees of respect for their rights (In particular, the non-exclusive nature of the use of intellectual rights in the context of such restrictions, payment of reasonable remuneration, etc.).

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