scholarly journals Legal status and characteristics of a digital human

2021 ◽  
pp. 35-51
Author(s):  
O. RADUTNIY

The article outlines the path that humanity is developing from Homo sapiens to digital human being in three main vectors. The latest high-tech devices have been proven to provide a tight interactive connection with the user, thus gradually becoming an integral part of the biological body and human consciousness, a kind of organs or chains for transmitting nerve signals. The possibility of combining carbon technology (human) with silicon technology (artificial intelligence, implants, robotics) creates a powerful new challenge for legal doctrine, one of the main tasks of which is to describe the legal characteristics of digital human being, determine his or her legal status in the law system. To generalize the concepts of transhuman and posthuman, which operates on transhumanism, the author proposes to use the common term of digital human being. The necessity of directing state regulation to limit or prevent the antisocial use of improved physical and cognitive properties by digital human being is argued. The possibility of quantum immortality is considered. It has been suggested that new rights, responsibilities, and freedoms may emerge that now exist only in theory or even beyond imagination and discussion. They can become the subject of supernatural law as the successor of natural law. The possibility of the transition of the decision-making process from a digital human being to artificial intelligence in its implant, when the brain will continue to receive signals that will form the illusion of free will, is analysed. It is proved that a digital human being must be recognized as a special persona of legal relations.

2021 ◽  
Vol 8 ◽  
Author(s):  
Eric Martínez ◽  
Christoph Winter

To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming its existence) in at least some cases, the lowest of any group surveyed on, and rated the desired level of protection for sentient AI as lower than all groups other than corporations. We further investigated and observed political differences in responses; liberals were more likely to endorse legal protection and personhood for sentient AI than conservatives. Taken together, these results suggest that laypeople are not by-and-large in favor of granting legal protection to AI, and that the ordinary conception of legal status, similar to codified legal doctrine, is not based on a mere capacity to feel pleasure and pain. At the same time, the observed political differences suggest that previous literature regarding political differences in empathy and moral circle expansion apply to artificially intelligent systems and extend partially, though not entirely, to legal consideration, as well.


2020 ◽  
Vol 8 (2) ◽  
pp. 73-92
Author(s):  
Tanel Kerikmäe ◽  
◽  
Peeter Müürsepp ◽  
Henri Mart Pihl ◽  
Ondrej Ondrej Hamuľák ◽  
...  

Artificial intelligence (AI) is developing rapidly. There are technologies available that fulfil several tasks better than humans can and even behave like humans to some extent. Thus, the situation prompts the question whether AI should be granted legal person- and/or agenthood? There have been similar situations in history where the legal status of slaves or indigenous peoples was discussed. Still, in those historical questions, the subjects under study were always natural persons, i.e., they were living beings belonging to the species Homo sapiens. We analyse the situation from moral-ethical and practical perspectives. The final conclusion is that the currently existing AIs are still so far removed from humans that there is simply no need to think seriously about legal person- or agenthood. Doing so would mean imposing obligations on the AI to follow. This, in turn, would mean that certain rights in relation to those obligations would have to be granted as well. By all evidence, this is something that humans are not ready to do yet and might never get that far.


Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 531-540
Author(s):  
Viktor B. Naumov ◽  
◽  
Ekaterina V. Tytjuk ◽  

The article is dedicated to the issues of protection of artworks, created by the artificial intelligence or with the help of artificial intelligence. The authors of the article analyze the term “artificial intelligence” from the perspective of technologies, legal doctrine and legislation and provide critical comparison of these definitions, basing on which stipulate several key criteria of the definition of artificial intelligence. The article also describe basic principles of the working process of the artificial intelligence systems. Basing on the key criteria, provided as a result of the analysis of the existing definitions of the “artificial intelligence”, the authors generate their own definition of this term. The article also provides detailed analysis of the term “creativity” from the perspective of the objective and subjective approaches. The analysis includes comparison of the process of the creation of the work of art by the human and by the artificial intelligence. The authors question whether it is possible in principle to apply the term “work of art” to the objects created by the artificial intelligence. According to the authors’ point of view, current level of the artificial intelligence technologies does not provide any possibility to apply the term “creativity” to artificial intelligence as the model of the working process of the artificial intelligence is based ultimately on the mathematical algorithms. According to the article, this mean that the objects created by the artificial intelligence or with the help of it do not meet traditional requirements of creativity. The article provide several potential regulation models for the objects created by the artificial intelligence or with the help of it. These models can be broken down as follows: no legal protection is required, public domain model, protection under information law, protection as know-how objects, protection as intellectual property objects. The authors of the article provide comparative analysis of the above-mentioned models of protection, the advantages and disadvantages of each model, give their opinion on the existing and potential legislative initiatives in the sphere of artificial intelligence regulation.


Author(s):  
Yulia V. Paukova ◽  

The article discusses the measures necessary to improve the mechanisms of adaptation and integration of migrants in Russia in the context of the COVID-19 pandemic. Given the provisions of legal acts in which there is disagreement on the issue of state regulation of the processes of adaptation and integration. Taking into account the activities of the state on the introduction of digital technologies in various fields of activity, it is recommended to develop a mobile application containing relevant information on Russian legislation in different languages. It should also provide the foreigner with information about his further actions for staying (residing) in Russia, including the information contained in the state information system. It is noted that in connection with the threat of the spread of coronavirus infection (despite the temporary measures established by the Decree of the President of Russia to regulate the legal status of foreign citizens and stateless persons) for issuing permits, these persons are not exempt from the obligation to pass a comprehensive exam in Russian as a foreign language, history and fundamentals of Russian legislation. Given the established uniform requirements for foreigners to pass such a test. It is proposed to establish three different levels of knowledge requirements for foreign citizens and stateless persons, depending on the requested legal status. In the context of the COVID-19 pandemic, in order to minimize human contacts, measures have been proposed to digitize the procedure for conducting a comprehensive exam. It is proposed to automate the of tests with the subsequent introduction of artificial intelligence methods to fully automate the process of conducting a comprehensive exam. It is proposed to automate the test check by the subsequent introduction of artificial intelligence methods for the complete automation of the examination process.


2021 ◽  
Vol 2 (16) ◽  
pp. 27-42
Author(s):  
Oleksandr Eduardovych Radutniy

In continuation of previous research, the article offers a legal view at certain features of the digital human being and the formulation de lege ferenda of the special characteristics of a person of the offense. One of the problems is the question about delusion or weakness of will for digital human being, the decision was made by artificial intelligence, which may call into question the fact that there is a factual basis for legal liability. Regarding the digital person, the possibility of escalation of improved intelligence in all spheres of economic, political, corporate, information and military confrontation is argued. It has been proven that artificial intelligence can eliminate the need to think by human and digital human being, and then eliminate the ability to do it.


2019 ◽  
Vol 8 (1) ◽  
Author(s):  
Nguyen Duy Dung

Characteristics of the industrial revolution 4.0 is the wide application of high-tech achievements, especially information technology, digitalization, artificial intelligence, network connections for management to create sudden changes in socio-economic development of many countries. Therefore, to reach the high-tech time, many magazines in Vietnam have changed dramatically, striving to reach the international scientific journal system of ISI, Scopus. The publication of international standard scientific journal will meet the demand of publishing research results of local scientists, on the other hand contribute to strengthening exchange, cooperation, international integration in science and technology.


Author(s):  
Oleksii Chepov ◽  

The qualitative and clear definition of the legal regime of the capital of Ukraine, the hero city of Kyiv, is influenced by its legislative enshrinement, however, it should be noted that discussions are ongoing and one of the reasons for the unclear legal status of the capital is the ambiguity of current legislation in this area. Separation of the functions of the city of Kyiv, which are carried out to ensure the rights of citizens of Ukraine and the functions that guarantee the rights of the territorial community of the city of Kyiv. In the modern world, in legal doctrine and practice, the capital is understood as the capital of the country, which at the legislative level received this status and, accordingly, is the administrative and political center of the state, which houses the main state bodies and diplomatic missions of other states. It is the identification of the boundaries of the relationship between the competencies of state administrations and local self-government, in practice, often raises questions about their delimitation and ways of regulatory solution. Peculiarities of local self-government in Kyiv city districts are defined in the provisions of the Law on the Capital, which reveal the norms of the Constitution in these legal relations, according to which the issue of organizing district management in cities belongs to city councils. Likewise, it is unregulated by law to lose the particularity of the legal status of the territory of the city. It should be emphasized that the subject of administrative-legal relations is not a certain administrative-territorial entity, but the social group is designated - the territorial community of the city of Kiev, kiyani. Thus, the provisions on the city of Kyiv partially ignore the potential of the territorial community.


2019 ◽  
Vol 12 (3) ◽  
pp. 125-133
Author(s):  
S. V. Shchurina ◽  
A. S. Danilov

The subject of the research is the introduction of artificial intelligence as a technological innovation into the Russian economic development. The relevance of the problem is due to the fact that the Russian market of artificial intelligence is still in the infancy and the necessity to bridge the current technological gap between Russia and the leading economies of the world is coming to the forefront. The financial sector, the manufacturing industry and the retail trade are the drivers of the artificial intelligence development. However, company managers in Russia are not prepared for the practical application of expensive artificial intelligence technologies. Under these circumstances, the challenge is to develop measures to support high-tech projects of small and medium-sized businesses, given that the technological innovation considered can accelerate the development of the Russian economy in the energy sector fully or partially controlled by the government as well as in the military-industrial complex and the judicial system.The purposes of the research were to examine the current state of technological innovations in the field of artificial intelligence in the leading countries and Russia and develop proposals for improving the AI application in the Russian practices.The paper concludes that the artificial intelligence is a breakthrough technology with a great application potential. Active promotion of the artificial intelligence in companies significantly increases their efficiency, competitiveness, develops industry markets, stimulates introduction of new technologies, improves product quality and scales up manufacturing. In general, the artificial intelligence gives a new impetus to the development of Russia and facilitates its entry into the five largest world’s economies.


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