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Can the courts save us from dangerous AI?

Feb 07, 2024 - vox.com
The article discusses the potential risks and implications of artificial intelligence (AI), suggesting that AI companies should be held liable for any harm their products may cause now or in the future. The author cites a paper by law professor Gabriel Weil, who proposes the application of strict liability standards to AI companies, meaning they would be responsible for any foreseeable harm caused by their products, regardless of intent or negligence. Weil suggests that courts could award damages before potential harms arise, and punitive damages could be based on the existential risk posed by AI.

The author acknowledges the downside of this approach, which could slow down technological progress and potentially delay benefits such as accelerated drug discovery. However, they argue that the potential for AI to cause catastrophic outcomes necessitates a careful balance between regulation and innovation. The article concludes by suggesting that legal frameworks and regulations could be used to mitigate the risks posed by AI, a technology that could pose a genuine threat.

Key takeaways:

  • AI companies should be held liable for the potential future harms their products could cause, according to a new paper by law professor Gabriel Weil.
  • Weil suggests that AI companies should face 'strict liability' standards, meaning they are liable for any foreseeable harm their product causes, regardless of intent or negligence.
  • He proposes the idea of 'pulling forward' the cost of potential harms, allowing damages to be awarded before they arise, and adding punitive damages based on the existential risk posed by AI.
  • These changes could be made by courts altering their approach to tort law, and additional legislation could require AI companies to carry liability insurance, similar to car owners or doctors.
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