Liabilities and Modern Artificial Intelligence

This book addresses how private law liability should be assigned in contexts where modern forms of AI are deployed. This book explores legal approaches to AI, how AI should be legally characterised, and proposes an overarching theoretical liability framework termed the Tri-Phase AI Liability Model.

Autorentext

Estelle Wallingford is a legal academic based in the Department of Business Law and Taxation in the Monash Business School at Monash University, Australia. Her research examines the legal implications arising from the deployment of emerging technologies with a particular interest in artificial intelligence.

Inhalt

List of Figures
List of Tables
Table of Cases
Table of Legislation
Table of Statutory Instruments
Acknowledgements

Introduction

1. Artificial Intelligence: A Legal Problem
2. What Is Modern AI?
3. Regulation versus Liability
4. Overview of Chapters
5. A Need for Flexibility

Part I
Chapter 1-Understanding the AI Legal Landscape

1. Evaluating Legal Approaches to Artificial Intelligence
2. Regulatory Responses to Artificial Intelligence
3. Evaluation of Proposed Legal Responses to a Deployed AI
4. The Need for an Overarching Liability Framework

Part II
Chapter 2-Reevaluating Legal Personality for AI

1. AI as a Legal Person?
2. Legal Personhood Approaches to AI
3. Socio-Legal Background of Legal Personhood
4. Elements of Legal Personhood: Legal Rights and Duties
5. Elements of Legal Personhood: Capacity
6. Viewing Legal Personality Hierarchically
7. Legal Personhood: An Adaptable Concept
   Chapter 3-AI as a Legal Agent
8. The AI Legal Agent
9. Theories of Agency and Their Applicability to AI
10. Key Elements of a Principal-Agent Relationship
11. Problems with Modern AI as a Legal Agent
12. Agency and Situational Utility
    Chapter 4-AI as Property
13. Proprietary Nature of AI
14. Can AI Be Construed as Non-IP Property?
15. AI as Intellectual Property
16. Other Important Considerations
17. Characterising AI as Property: Sufficient?
18. Artificial Intelligence: More than Merely Property
    Chapter 5-A New Legal Characterisation
19. Artificial Intelligence: What Should It Be Legally?
20. The Unique Characteristics of AI
21. A Hierarchical Model of Legal Personhood
22. Incorporating Agency and Property into the Hierarchical Legal Personality Model
23. Resolving Characterising AI and Its Importance for Liability

Part III
Chapter 6-Adapting Causation Principles for AI

1. Causation: A Threshold Issue
2. Legal Causation and AI: Theoretical Approaches
3. Evaluating Proposed Causation Solutions in an AI Context
4. Additional Problems with Causation Approaches in an AI Context
5. Alternative Solution: Need for a Situational Approach to Causation
6. The Need for a Situational Approach to Causation for AI
   Chapter 7-Narrowing Liability
7. Other Threshold Issues
8. Context in which AI Is Deployed, Scope of Actions and Multiple AI Systems
9. Question of Who Could Be Liable
10. Considering AI in Context: Viewing AI Situationally Rather than through a Fixed Approach
    Chapter 8-The Tri-Phase AI Liability Model
11. A Liability Response for AI
12. A New Proposal: Alternative Liability Framework
13. Phase 1: Identification of Maximum Potential Legal Personhood Status
14. Phase 2: Liability Threshold Issues
15. Phase 3: Drawing Together Phases 1 and 2 - Situational Approach to Deciding Liability for AI Systems Operating at Different Levels of Ability
16. Evaluation of the Tri-Phase AI Liability Model
17. Reconceiving Liability as a Flexible Paradigm

Part IV
Chapter 9-Model in Application

1. Theory Informing Practice
2. The Tri-Phase AI Liability Model Relative to Regulatory Responses
3. Considerations for Stakeholders
4. Beyond Fixed Approaches: The Need for a Situational Response to AI

Conclusion
Bibliography