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Full-Text Articles in Law

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton Oct 2016

Siri-Ously? Free Speech Rights And Artificial Intelligence, Toni M. Massaro, Helen Norton

Northwestern University Law Review

Computers with communicative artificial intelligence (AI) are pushing First Amendment theory and doctrine in profound and novel ways. They are becoming increasingly self-directed and corporal in ways that may one day make it difficult to call the communication ours versus theirs. This, in turn, invites questions about whether the First Amendment ever will (or ever should) cover AI speech or speakers even absent a locatable and accountable human creator. In this Article, we explain why current free speech theory and doctrine pose surprisingly few barriers to this counterintuitive result; their elasticity suggests that speaker humanness no longer may be …


The Criminal Liability Of Artificial Intelligence Entities - From Science Fiction To Legal Social Control, Gabriel Hallevy Mar 2016

The Criminal Liability Of Artificial Intelligence Entities - From Science Fiction To Legal Social Control, Gabriel Hallevy

Akron Intellectual Property Journal

The modem question relating to Al entities becomes: Does the growing intelligence of Al entities subject them to legal social control as any other legal entity?This article attempts to work out a legal solution to the problem of the criminal liability of Al entities. At the outset, a definition of an Al entity will be presented. Based on that definition, this article will then propose and introduce three models of Al entity criminal liability:

(1) The Perpetration-via-Another Liability Model

(2) The Natural-Probable-Consequence Liability Model

(3) The Direct Liability Model.


Keeping Ai Legal, Amitai Etzioni, Oren Etzioni Jan 2016

Keeping Ai Legal, Amitai Etzioni, Oren Etzioni

Vanderbilt Journal of Entertainment & Technology Law

AI programs make numerous decisions on their own, lack transparency, and may change frequently. Hence, unassisted human agents, such as auditors, accountants, inspectors, and police, cannot ensure that AI-guided instruments will abide by the law. This Article suggests that human agents need the assistance of AI oversight programs that analyze and oversee operational AI programs. This Article asks whether operational AI programs should be programmed to enable human users to override them; without that, such a move would undermine the legal order. This Article also points out that AI operational programs provide high surveillance capacities and, therefore, are essential for …