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E-book

Title Legal aspects of autonomous systems : a comparative approach / Dário Moura Vicente, Rui Soares Pereira, Ana Alves Leal, editors
Published Cham : Springer, [2024]
©2024

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Description 1 online resource (xii, 382 pages) : illustrations (some color)
Series Data science, machine intelligence, and law, 2730-5902 ; volume 4
Data science, machine intelligence, and law ; volume 4. 2730-5902
Contents Intro -- Introduction -- Contents -- Editors and Contributors -- Autonomous Systems and Civil Liability -- Autonomous Systems and Tort Law -- 1 The Limitations of the Traditional Tort Law -- 1.1 The Centrality of Fault -- 1.2 Wrongfulness -- 1.3 Causation -- 2 The Solutions -- 2.1 Algorithm Liability -- 2.2 Strict Liability -- 2.3 The European Proposal -- References -- Violation of the Right to Be Forgotten on the Internet: Legal Overview of Tort Law Aspects -- 1 Introduction and Context -- 2 The Development of the Right to Be Forgotten
3 The Infringement of the Right to Be Forgotten and Its Legal Implications -- 4 Legal Overview of Tort Law Aspects -- 5 A Few Critical Remarks -- 6 Final Conclusions -- References -- Suppliers' Civil Liability for Damage Caused by Autonomous Vehicles: A Brazilian Perspective -- 1 Introduction -- 2 The Two Hypothetical Scenarios and the Possible Paths for the Brazilian Law -- 3 Providing Solutions for Both Hypothetical Scenarios -- 4 Concluding Remarks -- References -- European AI Regulation Perspectives and Trends -- 1 Background -- 2 Between Ethics and Law -- 3 Legal Regulation
4 The Place of Civil Liability in the AI Regulation -- 5 Conclusions -- References -- Autonomous Systems, Attribution and Punishment -- The Basic Models of Criminal Liability of AI Systems and Outer Circles -- 1 Introduction -- 2 The Perpetration-by-Another Liability Model -- 3 The Natural Probable Consequence Liability Model -- 4 The Direct Liability Model -- 5 Coordination of the Three Liability Models -- References -- Punishing Artificial Intelligence: Legal Fiction or Science Fiction -- 1 Introduction -- 2 Artificial Intelligence and Punishment -- 2.1 Introduction to Artificial Intelligence
2.2 A Framework for Understanding AI Crime -- 2.3 A Mainstream Theory of Punishment -- 3 The Affirmative Case -- 3.1 Consequentialist Benefits -- 3.2 Expressive Considerations -- 4 Retributive and Conceptual Limitations -- 4.1 The Eligibility Challenge -- 4.2 Further Retributivist Challenges: Reducibility -- 4.3 Not Really Punishment? -- 5 Feasible Alternatives -- 5.1 First Alternative: The Status Quo -- 5.2 Second Alternative: Minimally Extending Criminal Law -- 5.3 Third Alternative: Moderate Changes to Civil Liability -- 5.4 Concluding Thoughts -- References
Robots and Liability: New Criteria and Attribution Methods -- 1 Introduction: Tort Law for Robots -- 2 Criteria and Methods for the Attribution of Liability in National Law -- 2.1 Application of Consumer Law Regulations -- 2.2 Application of General Civil Liability Regulations -- 3 Criteria and Methods for Attribution of Legal Liability in European Law -- 3.1 European Parliament Resolution of 16 February 2017 with Recommendations to the Commission on Civil Law Rules on Robotics
Summary As computational power, the volume of available data, IT systems’ autonomy, and the human-like capabilities of machines increase, robots and AI systems have substantial and growing implications for the law and raise a host of challenges to current legal doctrines. The main question to be answered is whether the foundations and general principles of private law and criminal law offer a functional and adaptive legal framework for the “autonomous systems” phenomena. The main purpose of this book is to identify and explore possible trajectories for the development of civil and criminal liability; for our understanding of the attribution link to autonomous systems; and, in particular, for the punishment of unlawful conduct in connection with their operation. AI decision-making processes – including judicial sentencing – also warrant close attention in this regard. Since AI is moving faster than the process of regulatory recalibration, this book provides valuable insights on its redesign and on the harmonization, at the European level, of the current regulatory frameworks, in order to keep pace with technological changes. Providing a broader and more comprehensive picture of the legal challenges posed by autonomous systems, this book covers a wide range of topics, including the regulation of autonomous vehicles, data protection and governance, personality rights, intellectual property, corporate governance, and contract conclusion and termination issues arising from automated decisions, blockchain technology and AI applications, particularly in the banking and finance sectors. The authors are legal experts from around the world with extensive academic and/or practical experience in these areas
Notes Online resource; title from PDF title page (SpringerLink, viewed January 11, 2024)
Subject Artificial intelligence -- Law and legislation.
Autonomous robots -- Law and legislation.
Automated vehicles -- Law and legislation
Blockchains (Databases) -- Law and legislation.
Form Electronic book
Author Vicente, Dário Moura, editor.
Pereira, Rui Soares, editor.
Leal, Ana Alves, editor
ISBN 9783031479465
3031479467