Assessing liability of Al-driven devices

it is important to contrive a regulatory modus operandi for technology, writes ASHIT KUMAR SRIVASTAVA

Law and technology certainly seem to be arch enemies, mainly because law has always played second fiddle to technology. As technology development continues to happen at an unparalleled pace, it is almost becoming impossible for the law to counter this progress with an appropriate and iterative response. This is mostly because the law-making process is slow compared to technological developments, especially keeping the onslaught of Machine Learning ML”) in mind.

Machine learning or Artificial Intelligence an umbrella term) has been an all-pervading phenomenon, right from self-driven cars to automated houses. A.I. is here to stay and certainly it tags along questions of great legal anxiety, principally, who should be liable in cases of A.I. driven devices? These existential questions tend to originate from our legal system, which is predominantly based on the principle of bestowing liability, be it civil or criminal.

In questions of civil liability, it is comparatively easier to answer who will be liable in case of A.I. devices, knowing very well that Civil Liability questions are mostly based on compensatory jurisprudence. This means the victim of the tort committed legal right infringed) needs to be compensated for the tort committed against the individual. So, there are primarily three principles followed for cases of civil liability in cases of A.I.