Read The Times Australia

Daily Bulletin

Robot law: what happens if intelligent machines commit crimes?

  • Written by: The Conversation
imageI'd buy that for a dollar. Or, just steal it from you.elbragon, CC BY

The fear of powerful artificial intelligence and technology is a popular theme, as seen in films such as Ex Machina, Chappie, and the Terminator series.

And we may soon find ourselves addressing fully autonomous technology with the capacity to cause damage. While this may be some form of military wardroid or law enforcement robot, it could equally be something not created to cause harm, but which could nevertheless do so by accident or error. What then? Who is culpable and liable when a robot or artificial intelligence goes haywire? Clearly, our way of approaching this doesn’t neatly fit into society’s view of guilt and justice.

While some may choose to dismiss this as too far into the future to concern us, remember that a robot has already been arrested for buying drugs. This also ignores how quickly technology can evolve. Look at the lessons from the past – many of us still remember the world before the internet, social media, mobile technology, GPS – even phones or widely available computers. These once-dramatic innovations developed into everyday technologies which have created difficult legal challenges.

A guilty robot mind?

How quickly we take technology for granted. But we should give some thought to the legal implications. One of the functions of our legal system is to regulate the behaviour of legal persons and to punish and deter offenders. It also provides remedies for those who have suffered, or are at risk of suffering harm.

Legal persons – humans, but also companies and other organisations for the purposes of the law – are subject to rights and responsibilities. Those who design, operate, build or sell intelligent machines have legal duties – what about the machines themselves? Our mobile phone, even with Cortana or Siri attached, does not fit the conventions for a legal person. But what if the autonomous decisions of their more advanced descendents in the future cause harm or damage?

Criminal law has two important concepts. First, that liability arises when harm has been or is likely to be caused by any act or omission. Physical devices such as Google’s driverless car, for example, clearly has the potential to harm, kill or damage property. Software also has the potential to cause physical harm, but the risks may extend to less immediate forms of damage such as financial loss.

Second, criminal law often requires culpability in the offender, what is known as the “guilty mind” or mens rea – the principle being that the offence, and subsequent punishment, reflects the offender’s state of mind and role in proceedings. This generally means that deliberate actions are punished more severely than careless ones. This poses a problem, in terms of treating autonomous intelligent machines under the law: how do we demonstrate the intentions of a non-human, and how can we do this within existing criminal law principles?

Robocrime?

This isn’t a new problem – similar considerations arise in trials of corporate criminality. Some thought needs to go into when, and in what circumstances, we make the designer or manufacturer liable rather than the user. Much of our current law assumes that human operators are involved.

For example, in the context of highways, the regulatory framework assumes that there is a human driver to at least some degree. Once fully autonomous vehicles arrive, that framework will require substantial changes to address the new interactions between human and machine on the road.

As intelligent technology that by-passes direct human control becomes more advanced and more widespread, these questions of risk, fault and punishment will become more pertinent. Film and television may dwell on the most extreme examples, but the legal realities are best not left to fiction.

The authors do not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article. They also have no relevant affiliations.

Authors: The Conversation

Read more http://theconversation.com/robot-law-what-happens-if-intelligent-machines-commit-crimes-44058

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Vet and Hire the Right Property Expert in the Australian Market

Navigating the Australian real estate market has become a highly strategic exercise. Recent nation...

Moving From Australia to Wellington: The Practical Settling-In Checklist

Wellington has a lot going for it. It's compact, walkable and full of cafes, with a harbour that r...

How to Match Replacement Roof Tiles on an Older Home

Renovating or repairing an existing roof comes with quite a few headaches, and matching the old roof...

Sydney Academy Partnership Targets Talent Development for Travel and Hospitality

VFS Global Academy’s Australian expansion will focus on practical skills and career development thro...

How Strategic Corporate Gifting Boosts Client Retention and Team Morale

As the calendar pushes towards the end of the year, business leaders across Australia begin evalua...

The Importance of Reliable Plumbing Services During Home Renovations

A freshly renovated bathroom can make an ordinary Monday morning feel a little more inviting. The ne...

Backyard Living Options for Campbelltown Homes: What Works Best?

You know that feeling at the end of a long, busy week when all you want is a calm spot outdoors, whe...

Smart Wardrobe Storage Ideas for Small Sydney Apartments and Bedrooms

A well-designed wardrobe is one of the most useful things a home can have. It's meant to keep clothe...

Colorbond Fencing in Australia: Costs, Colours, Rules and What Actually Lasts

Drive through almost any Australian suburb built in the last thirty years and you are looking at the...