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.
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.
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.
Inhaltsangabe
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 1. The AI Legal Agent 2. Theories of Agency and Their Applicability to AI 3. Key Elements of a Principal-Agent Relationship 4. Problems with Modern AI as a Legal Agent 5. Agency and Situational Utility Chapter 4-AI as Property 1. Proprietary Nature of AI 2. Can AI Be Construed as Non-IP Property? 3. AI as Intellectual Property 4. Other Important Considerations 5. Characterising AI as Property: Sufficient? 6. Artificial Intelligence: More than Merely Property Chapter 5-A New Legal Characterisation 1. Artificial Intelligence: What Should It Be Legally? 2. The Unique Characteristics of AI 3. A Hierarchical Model of Legal Personhood 4. Incorporating Agency and Property into the Hierarchical Legal Personality Model 5. 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 1. Other Threshold Issues 2. Context in which AI Is Deployed, Scope of Actions and Multiple AI Systems 3. Question of Who Could Be Liable 4. Considering AI in Context: Viewing AI Situationally Rather than through a Fixed Approach Chapter 8-The Tri-Phase AI Liability Model 1. A Liability Response for AI 2. A New Proposal: Alternative Liability Framework 3. Phase 1: Identification of Maximum Potential Legal Personhood Status 4. Phase 2: Liability Threshold Issues 5. Phase 3: Drawing Together Phases 1 and 2 - Situational Approach to Deciding Liability for AI Systems Operating at Different Levels of Ability 6. Evaluation of the Tri-Phase AI Liability Model 7. 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
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 1. The AI Legal Agent 2. Theories of Agency and Their Applicability to AI 3. Key Elements of a Principal-Agent Relationship 4. Problems with Modern AI as a Legal Agent 5. Agency and Situational Utility Chapter 4-AI as Property 1. Proprietary Nature of AI 2. Can AI Be Construed as Non-IP Property? 3. AI as Intellectual Property 4. Other Important Considerations 5. Characterising AI as Property: Sufficient? 6. Artificial Intelligence: More than Merely Property Chapter 5-A New Legal Characterisation 1. Artificial Intelligence: What Should It Be Legally? 2. The Unique Characteristics of AI 3. A Hierarchical Model of Legal Personhood 4. Incorporating Agency and Property into the Hierarchical Legal Personality Model 5. 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 1. Other Threshold Issues 2. Context in which AI Is Deployed, Scope of Actions and Multiple AI Systems 3. Question of Who Could Be Liable 4. Considering AI in Context: Viewing AI Situationally Rather than through a Fixed Approach Chapter 8-The Tri-Phase AI Liability Model 1. A Liability Response for AI 2. A New Proposal: Alternative Liability Framework 3. Phase 1: Identification of Maximum Potential Legal Personhood Status 4. Phase 2: Liability Threshold Issues 5. Phase 3: Drawing Together Phases 1 and 2 - Situational Approach to Deciding Liability for AI Systems Operating at Different Levels of Ability 6. Evaluation of the Tri-Phase AI Liability Model 7. 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
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