Recent developments in the area of Artificial Intelligence (AI) have been leading to increasingly autonomous systems, showing the capability of self-learning. In addition, self-learning made significant progress by the realization of multi-layered artificial neural networks with an ever-increasing complexity. These new technologies cause the emergence of new specific risks. Liability law may specifically address these risks.
{"title":"Liability for Autonomous Systems: Tackling Specific Risks of Modern IT","authors":"Herbert Zech","doi":"10.2139/SSRN.3195676","DOIUrl":"https://doi.org/10.2139/SSRN.3195676","url":null,"abstract":"Recent developments in the area of Artificial Intelligence (AI) have been leading to increasingly autonomous systems, showing the capability of self-learning. In addition, self-learning made significant progress by the realization of multi-layered artificial neural networks with an ever-increasing complexity. These new technologies cause the emergence of new specific risks. Liability law may specifically address these risks.","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131344688","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5771/9783845294797-117
E. Karner
{"title":"Liability for Robotics: Current Rules, Challenges, and the Need for Innovative Concepts","authors":"E. Karner","doi":"10.5771/9783845294797-117","DOIUrl":"https://doi.org/10.5771/9783845294797-117","url":null,"abstract":"","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131932135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509925841.0012
{"title":"Liability for Robotics: Current Rules, Challenges, and the Need for Innovative Concepts","authors":"","doi":"10.5040/9781509925841.0012","DOIUrl":"https://doi.org/10.5040/9781509925841.0012","url":null,"abstract":"","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134280707","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5771/9783845294797-63
Jean-Sébastien Borghetti
While it is not always clear how the Internet of things (IoT) and artificial intelligence (AI) should be defined precisely, it is a fact that the new tech‐ nologies associated with algorithms and the Internet attract an increasing amount of attention from lawyers, and rightly so. The issues that are raised are very diverse, but liability is definitely one of them. Who can be held liable for damage associated with the IoT or AI, and under what condi‐ tions? This is a central, and very complex question. This short contribution obviously will not attempt to give a complete and final answer to it, but will rather focus on the element that can or should trigger liability associ‐ ated with the IoT or AI. The element that triggers liability, and which French lawyers sugges‐ tively call fait générateur (literally: the generating fact, but the expression is often translated into English as the ‘event giving rise to liability’), de‐ pends on the liability regime that is being applied. It is often a human con‐ duct, as is the case when liability is based on fault, but it can also be a cer‐ tain type of event or a given characteristic in a thing, as is the case when liability is based on a product’s defect. A preliminary question is there‐ fore: what are the liability regimes which may or should apply in case of harm caused by, or in connection with the use of, the IoT or AI? Depending on the circumstances and on the legal systems, different regimes may be applicable. A general distinction can be made, however, between sector-specific regimes and non-sector-specific regimes. The for‐ mer are relevant every time that the IoT or AI is used in a field of activity covered by such a specific regime. For example, in many countries, if an autonomous car or vehicle is involved in a traffic accident, a specific (strict) liability regime designed to cover such accidents will apply1. Sec‐ tor-specific regimes will not be considered at this stage, since they come
{"title":"How can Artificial Intelligence be Defective?","authors":"Jean-Sébastien Borghetti","doi":"10.5771/9783845294797-63","DOIUrl":"https://doi.org/10.5771/9783845294797-63","url":null,"abstract":"While it is not always clear how the Internet of things (IoT) and artificial intelligence (AI) should be defined precisely, it is a fact that the new tech‐ nologies associated with algorithms and the Internet attract an increasing amount of attention from lawyers, and rightly so. The issues that are raised are very diverse, but liability is definitely one of them. Who can be held liable for damage associated with the IoT or AI, and under what condi‐ tions? This is a central, and very complex question. This short contribution obviously will not attempt to give a complete and final answer to it, but will rather focus on the element that can or should trigger liability associ‐ ated with the IoT or AI. The element that triggers liability, and which French lawyers sugges‐ tively call fait générateur (literally: the generating fact, but the expression is often translated into English as the ‘event giving rise to liability’), de‐ pends on the liability regime that is being applied. It is often a human con‐ duct, as is the case when liability is based on fault, but it can also be a cer‐ tain type of event or a given characteristic in a thing, as is the case when liability is based on a product’s defect. A preliminary question is there‐ fore: what are the liability regimes which may or should apply in case of harm caused by, or in connection with the use of, the IoT or AI? Depending on the circumstances and on the legal systems, different regimes may be applicable. A general distinction can be made, however, between sector-specific regimes and non-sector-specific regimes. The for‐ mer are relevant every time that the IoT or AI is used in a field of activity covered by such a specific regime. For example, in many countries, if an autonomous car or vehicle is involved in a traffic accident, a specific (strict) liability regime designed to cover such accidents will apply1. Sec‐ tor-specific regimes will not be considered at this stage, since they come","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121206478","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5771/9783845294797-97
B. Koch
{"title":"Product Liability 2.0 – Mere Update or New Version?","authors":"B. Koch","doi":"10.5771/9783845294797-97","DOIUrl":"https://doi.org/10.5771/9783845294797-97","url":null,"abstract":"","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117205190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509925841.0020
{"title":"Consequences of Digitalization from the National Legislator’s Point of View – Report on a Working Group","authors":"","doi":"10.5040/9781509925841.0020","DOIUrl":"https://doi.org/10.5040/9781509925841.0020","url":null,"abstract":"","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131069712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5771/9783845294797-201
M. Martín-Casals
The Internet of Things (IoT) is a series of networked ‘smart devices’ that are equipped with microchips, sensors, and wireless communications ca‐ pabilities. It involves several layers which encompass tangible elements (hardware-defined products), embedded and non-embedded software (software-defined products), supply of digital infrastructures (network fab‐ ric) and external processing and exploitation of data (external systems).1 Most of the IoT projects identified by IoT Analytics in its 2018 report are in Smart City (367 projects), followed by various other industrial set‐ tings (265) and Connected Building IoT projects (193).2 The major cat‐ egories of IoT technologies include ‘smart’ consumer technologies, wear‐ ables, ‘smart’ manufacturing and infrastructure technologies, and un‐ manned transportation3. The best known of these technologies are proba‐ I.
{"title":"Causation and Scope of Liability in the Internet of Things (IoT)","authors":"M. Martín-Casals","doi":"10.5771/9783845294797-201","DOIUrl":"https://doi.org/10.5771/9783845294797-201","url":null,"abstract":"The Internet of Things (IoT) is a series of networked ‘smart devices’ that are equipped with microchips, sensors, and wireless communications ca‐ pabilities. It involves several layers which encompass tangible elements (hardware-defined products), embedded and non-embedded software (software-defined products), supply of digital infrastructures (network fab‐ ric) and external processing and exploitation of data (external systems).1 Most of the IoT projects identified by IoT Analytics in its 2018 report are in Smart City (367 projects), followed by various other industrial set‐ tings (265) and Connected Building IoT projects (193).2 The major cat‐ egories of IoT technologies include ‘smart’ consumer technologies, wear‐ ables, ‘smart’ manufacturing and infrastructure technologies, and un‐ manned transportation3. The best known of these technologies are proba‐ I.","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"188 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114004616","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509925841.0021
{"title":"Contributors","authors":"","doi":"10.5040/9781509925841.0021","DOIUrl":"https://doi.org/10.5040/9781509925841.0021","url":null,"abstract":"","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125361234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5771/9783845294797-77
C. Amato
According to Art 6 para 1 Directive 1985/374/EC (‘PLD’), an unsafe product is a defective product that may result into producer’s liability. In the European legislator’s intent, Art 6 seems to implement the following syllogism: defect is an objective notion that refers to safety, not to utility;1 the identification and qualification of the properties of a product depend on what the public at large expects. Consequently, it is up to the courts to determine the legitimate safety expectations of the public at large. The le‐ gitimate expectations of a person concerning safety represent an objective standard, assessed on the public’s expectations but not on the injured. It is, therefore, a normative standard, not a factual one.2 The nobile officium of I.
{"title":"Product Liability and Product Security: Present and Future","authors":"C. Amato","doi":"10.5771/9783845294797-77","DOIUrl":"https://doi.org/10.5771/9783845294797-77","url":null,"abstract":"According to Art 6 para 1 Directive 1985/374/EC (‘PLD’), an unsafe product is a defective product that may result into producer’s liability. In the European legislator’s intent, Art 6 seems to implement the following syllogism: defect is an objective notion that refers to safety, not to utility;1 the identification and qualification of the properties of a product depend on what the public at large expects. Consequently, it is up to the courts to determine the legitimate safety expectations of the public at large. The le‐ gitimate expectations of a person concerning safety represent an objective standard, assessed on the public’s expectations but not on the injured. It is, therefore, a normative standard, not a factual one.2 The nobile officium of I.","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132215933","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1900-01-01DOI: 10.5040/9781509925841.0013
{"title":"User Liability and Strict Liability in the Internet of Things and for Robots","authors":"","doi":"10.5040/9781509925841.0013","DOIUrl":"https://doi.org/10.5040/9781509925841.0013","url":null,"abstract":"","PeriodicalId":273775,"journal":{"name":"Liability for Artificial Intelligence and the Internet of Things","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124819594","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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