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Three Liability Regimes for Artificial Intelligence - Algorithmic Actants, Hybrids, Crowds (Paperback)
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Three Liability Regimes for Artificial Intelligence - Algorithmic Actants, Hybrids, Crowds (Paperback)
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This book proposes three liability regimes to combat the wide
responsibility gaps caused by AI systems – vicarious liability
for autonomous software agents (actants); enterprise liability for
inseparable human-AI interactions (hybrids); and collective fund
liability for interconnected AI systems (crowds). Based on
information technology studies, the book first develops a threefold
typology that distinguishes individual, hybrid and collective
machine behaviour. A subsequent social science analysis specifies
the socio-digital institutions related to this threefold typology.
Then it determines the social risks that emerge when algorithms
operate within these institutions. Actants raise the risk of
digital autonomy, hybrids the risk of double contingency in
human-algorithm encounters, crowds the risk of opaque
interconnections. The book demonstrates that the law needs to
respond to these specific risks, by recognising personified
algorithms as vicarious agents, human-machine associations as
collective enterprises, and interconnected systems as risk pools
– and by developing corresponding liability rules. The book
relies on a unique combination of information technology studies,
sociological institution and risk analysis, and comparative law.
This approach uncovers recursive relations between types of machine
behaviour, emergent socio-digital institutions, their concomitant
risks, legal conditions of liability rules, and ascription of legal
status to the algorithms involved.
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