The Need for a Legal Standard of Care in the AI Environment


Artificial intelligence (AI) has risen to legal debate over legal liability in-volved in an incident. An intelligent machine can learn through experience and adapts its decisions accordingly. As such, if an intelligent machine’s be-haviour causes harm, the developer and the machine's owner may argue that the autonomous nature of AI systems has broken the causal link. The diffi-culty of determining who is liable for a harmful behaviour of an AI system is accentuated by the fact that tracing back the decision-making process of an AI system is not always possible. This paper aims to put forward a definition of a duty of care for developers and users of AI systems that could be the basis for the investigation of liability while seeking predictability of the allo-cation of legal liability in many cases involving AI incidents. The paper ex-amines some guidelines on ethics for AI to discern essential elements of the duty of care in the AI environment. The paper argues that a uniform minimum standard of care should be adopted internationally through model laws or even an international convention. A uniform standard of care should be enforced by State control rather than self-regulation by the AI industry. A licensing or certification requirement for AI products should be implemented to verify that the elements of the duty of care have been satisfied to control AI production and import/export relations. Violation of the standard of care can be an objective ground to negate or allocate negligence, especially when verifying errors in the design of the relevant software or if explaining the AI system's behaviour is not possible. A clear standard of care would, this paper assumes, help promote AI development and use and would not create imped-iments to investment in AI production.

 Articles related

Fuadi Fuadi,Muhammad Natsir,Meta Suriyani    

This study discusses the condition of a large portion of mosque buildings in Aceh that do not have a Building Construction Permit (IMB) by statutory regulations. For the legalization and legal certainty of mosque building in Aceh, it is necessary to find... see more

Dmitriy Ivanov,Anna Skachko,Sergey Polyakov,Elena ?leshchina,Dang Viet Hung    

Objective: The article covers current issues related to proving the facts of causing moral injury resulting from a crime under the legislation of the Russian Federation. Authors review the reason to amend the legislation of criminal procedure of the Russ... see more

Alexander Gurinovich,Marina Lapina,Dmitry Kazantsev,Andrey Lapin    

Objective: This article examined the problems of legal regulation of risks arising from the use of cyber-physical systems, artificial intelligence, robots and robotics objects. Particular attention in the article was paid to the legal and essential aspec... see more

Muhammad Prasetyo Wicaksono,Retno Rusdjijati,Nia Kurniati Bachtiar,Hary Abdul Hakim,Chrisna Bagus Edhita Praja    

Issue related to legal protection policies for informal sector workers in Indonesia still leaves a lot of debate among our society. The basis of this employment is in Law Number 13 of 2003 concerning Manpower which is further perfected and becomes a new ... see more

Kefi Miftachul Ulum,Mohammad Khoirul Ulum    

The growth of single investor identification on September 29 2022 reached 9.76 million, dominated by millennials with a percentage of 59.43%, and when compared to the total population of Indonesia, the share of investor growth is around 3.6%. Calculation... see more

Revista: El-Mashlahah