From Algorithms to Accountability: Deciphering Legal Responsibility in AI-Driven Systems

As artificial intelligence (AI) continues to permeate various aspects of society, the need to establish clear legal frameworks for addressing issues of accountability and responsibility becomes paramount. This paper delves into the intricate relationship between algorithms and legal liability in the context of AI-driven systems. The rapid advancement of AI technologies, fuelled by complex algorithms, raises challenging questions about the ethical and legal implications of their deployment. In a recent publication from a well-known computing journal, the inquiry was raised regarding the applicable laws in the unfortunate event of a self-driving car causing harm to a pedestrian. This paper examines the broader issue of legal accountability concerning artificially intelligent computer systems. It explores the possibility of criminal liability, identifying potential recipients of such liability. Additionally, within the realm of civil law, the paper scrutinizes whether an AI program falls under the category of a product, making it subject to product design regulations, or if it is considered a service to which the principles of the tort of negligence are applicable. Furthermore, the analysis extends to the consideration of sales warranties in this context.