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'Hard AI Crime': The Deterrence Turn.

Authors :
Nerantzi, Elina
Sartor, Giovanni
Source :
Oxford Journal of Legal Studies; Autumn2024, Vol. 44 Issue 3, p673-701, 29p
Publication Year :
2024

Abstract

Machines powered by artificial intelligence (AI) are increasingly taking over tasks previously performed by humans alone. In accomplishing such tasks, they may intentionally commit 'AI crimes', ie engage in behaviour which would be considered a crime if it were accomplished by humans. For instance, an advanced AI trading agent may—despite its designer's best efforts—autonomously manipulate markets while lacking the properties for being held criminally responsible. In such cases (hard AI crimes) a criminal responsibility gap emerges since no agent (human or artificial) can be legitimately punished for this outcome. We aim to shift the 'hard AI crime' discussion from blame to deterrence and design an 'AI deterrence paradigm', separate from criminal law and inspired by the economic theory of crime. The homo economicus has come to life as a machina economica , which, even if cannot be meaningfully blamed, can nevertheless be effectively deterred since it internalises criminal sanctions as costs. [ABSTRACT FROM AUTHOR]

Details

Language :
English
ISSN :
01436503
Volume :
44
Issue :
3
Database :
Complementary Index
Journal :
Oxford Journal of Legal Studies
Publication Type :
Academic Journal
Accession number :
179421756
Full Text :
https://doi.org/10.1093/ojls/gqae018