Can machines think? Artificial Intelligence and torts

This article aims to relate the characteristics of Artificial Intelligence (AI) and its influence on liability. The features of this emerging technology make to reconsider liability under traditional rules. To fulfill this purpose, recent reports from study groups were considered, as well as the pub...

Descripción completa

Detalles Bibliográficos
Autor Principal: Hernández Zuluaga, José Carlos
Formato: Artículo (Article)
Lenguaje:Español (Spanish)
Publicado: Departamento de Derecho Comercial 2021
Acceso en línea:https://revistas.uexternado.edu.co/index.php/emerca/article/view/7246
Descripción
Sumario:This article aims to relate the characteristics of Artificial Intelligence (AI) and its influence on liability. The features of this emerging technology make to reconsider liability under traditional rules. To fulfill this purpose, recent reports from study groups were considered, as well as the publications of authors who worldwide are dedicated to the study of the influence of new technologies on the law of liability. For bib­liographic tracking and document management, databases, indexed journals and websites dedicated to the study topic were consulted. At the end of the article, it could be established that AI has a great in­fluence on the allocation of liability based on the difficulty of defining the cause of the damage, the complex digital ecosystem in which it operates, the autonomy and unpredictability delivered from its algorithmic nature. It was established that in order to compensate the victim, it is necessary to consider adaptations and amendments to the burden of proof, impose strict liability disregarding traditional requirements such as the source of the risk. Besides, reinforcing the range of duties of care including the acquisition and operation of AI, among other findings.