Corporate Criminal Liability for Artificial Intelligence
The evolution of artificial intelligence (AI) continues at a torrid pace, with each new iteration exponentially more powerful than the last. What is now clear is that AI is much more than just another new technology, but is, instead, a transformative tool that promises fundamentally to change the way people live and work. Not wanting to be left behind, companies from across a wide range of industries are racing to find ways to adopt AI to make their businesses more productive, more efficient, and more profitable. At the same time, government regulators have taken note of not only the great potential benefits of AI, but also the tremendous damage that AI can cause. Several U.S. regulators have already started issuing policies and rules governing the safe use of AI to help prevent these potential negative consequences, such as fraud, discrimination, and data intrusions.
Questions remain, however, on how criminal law enforcement will be able to police the improper use of AI. That task will be particularly challenging where the legal violations result from AI-driven decision-making rather than intentional human actions.
