The developments of technological systems that can make their own predictions based on input data and machine learning have brought great developments for society. Artificial Intelligence (AI) systems are able to predict outcomes based on inputs given. These technologies influenced many different industries when talking about process efficiency, customer relationships, and the improvement of services.
However, according to the Gartner hype cycle (2020), a new type of artificial intelligence is on its rise. This type of AI, referred to as formative AI, can make its own creations and react to dynamic situations. This can be of huge impact on previously identified business processes. And can also increase the way in which ‘fair’ decisions are being made in, for example, jurisprudence.
However, when talking about the legal side of AI, some sidenotes need to be made. Once new technologies are invented, this goes along with new rules and regulations that need to be implemented. For example, looking at liability when things go wrong. In the case of autonomous vehicles, one could state that the driver is responsible when the car is involved in an accident. The driver at least is in the driver position and always has the possibility to intervene. But one could also argue that it is the fault of the programmers who wrote the code for the autonomous vehicle to operate. Which also includes the prevention of accidents. At last, the car manufacturers can be held responsible, since they provided the vehicle. Merachant & Lindor (2012) state that the liability will be in the hand of car manufacturers. Even though the prediction is that these vehicles in the future will contribute to fewer accidents. However, the manufacturers will most likely be held responsible since they have the deepest pockets.
I wonder what you think about this liability when driving autonomous vehicles as of today. Who do you think is responsible and why do you think so?
Gartner 2020, 5 Trends Drive the Gartner Hype Cycle for Emerging Technologies, viewed
5 October 2020,
https://www.gartner.com/smarterwithgartner/5-trends-drive-the-gartner-hype-cycle-for-emerging-technologies-2020/
Marchant, G. E., & Lindor, R. A. 2012. The coming collision between autonomous
vehicles and the liability system. Santa Clara L. Rev., 52, 1321.
