AI DEVELOPERS COULD FACE NEGLIGENCE LIABILITY AS LAW CLOSES IN ON TECH 'WILD WEST'
As artificial intelligence (AI) takes center stage in various areas of our lives and industries, conversations around AI safety continue to evolve. The approach to ensuring AI safety pivots to a new perspective: a negligence-based legal approach that places responsibility straight on the shoulders of the creators and managers of AI systems. It is a different, arguably more ordered approach wherein human involvement is crucial in securing AI accountability and safety.
Traditionally, the AI safety approach has been technology-focused. This can potentially distance AI engineers from the possible dangers and harms caused by the AI systems they construct. This dissociation becomes increasingly problematic as AI systems expand in complexity and influence, creating a gap in accountability.
Unlike liability in product or strict legal scenarios, a negligence-based approach assigns guilt in alignment with human conduct. It requires AI developers to exhibit a reasonable level of care in the design, testing, deployment, and maintenance. Where the standard of "reasonable care" falls remains debatable in a domain rapidly shifting with AI practices.
Applying negligence law to AI introduces its share of challenges. Notably, it is only applicable if a qualifying injury emerges and it can be credibly demonstrated that the AI directly caused the damage. This becomes a maze of contention when AI developers possibly argue that downstream effects of AI use were unforeseeable, challenging the foreseeability aspect of negligence.
Legal ground rules further impact this question of liability. For instance, Section 230 of the Communications Decency Act of 1996 provides a safe house for online service providers against negligence lawsuits pivoted on third-party content. This could limit the liability attributed to AI developers.
In terms of insurance policy matters, one of the future routes for AI liability could very well involve an approach that treats AI developers as ordinary workers or professionals. This shift could meaningfully impact and shape their responsibility, accountability, and the associated complexities thereof.
In essence, the negligence-based approach enters the realm of AI safety with crucial changes. It emphasizes human responsibility in the creation and management of AI systems. AI safety cannot merely be a technical domain devoid of human connection and accountability. Be it creators, developers, maintenance teams, or existing legal systems - the lens of negligence in AI safety brings everyone into sharp focus. As we witness the further proliferation and influence of AI, how we align technology with ethical practices, laws, and human safety measures will significantly steer our AI-enabled future.