Adapting Legal Liability Regimes to Artificial Intelligence: Challenges
Download
Read an extract
Themes
Artificial Intelligence, Legal Liability, Algorithmic Risk, European Union Regulations, AI Liability Regime, French Civil Code, Personality Rights, AI Ecosystem
Reader
Abstract
Extract
of 5
Abstract
Discover how the rise of artificial intelligence challenges traditional legal liability frameworks. Learn about the need for adapted or new regulations to address AI-specific risks and damages. Explore the European Union's efforts to establish harmonized rules for AI liability, ensuring durable protection for individuals in the era of algorithmic risk
Extract
[...] In accordance with the Frank decision,11 the guardian must have the power of use, direction and control. However, it is always impossible to identify the actors behind these services, and if it is the AI itself that has participated in the prejudice. In American law, the same problem arises when liability is based on the Product Libaility. For contractual liability, based on articles 1231 and s. of the French Civil Code, this regime aimed to sanction the damage suffered by a party during the non-execution of the contract12. [...]
[...] - Above all, how to prove responsibility in the [...]
[...] Despite a form of adaptability of the regimes, it might be better to consider regimes ad hoc specific to artificial intelligence B. Legal regimes ad hoc created in the era of algorithmic risk It is possible, in the first instance, to assert that several regulations provided in the European package inscribe obligations on the deployed, responsible for treatment . The regulation on artificial intelligence, with its risk-based approach, imposes multifaceted obligations, such as human supervision for high-risk AI systems. From then on, it is possible to hold the various actors in the artificial intelligence ecosystem accountable based on legal obligations. [...]
[...] It should be noted that not all artificial intelligence is systematically translated into AIS. This distinction of autonomy is the core for the analysis of the legal liability induced by AIS. La responsabilité juridique, on the other hand, is defined as 'the obligation to answer for one's actions or those of others, to be responsible for something'4. La responsabilité juridique is divided into several categories, it can be a matter of civil liability, delictual or administrative liability. These categories contain several sub-regimes and aim to compensate any individual for a loss, when the conditions of liability are met. [...]
[...] These limits of application of the liability regimes lead to consider a liability proper to artificial intelligence (AI). II. The future legal liability will be oriented towards the algorithmic specifics of artificial intelligence In order to cover the various damages, it would be possible to adapt the current regimes or to provide a new regime ad hoc A. Classical legal regimes rethought/adapted to the era of algorithmic risk The European Union is aware of the need to adapt legal liability regimes to the development of artificial intelligence. [...]
