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'Hard AI crime' : the deterrence turn
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0143-6503; 1464-3820
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Oxford journal of legal studies, 2024, OnlineFirst
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NERANTZI, Eleni, SARTOR, Giovanni, ’Hard AI crime’ : the deterrence turn, Oxford journal of legal studies, 2024, OnlineFirst - https://hdl.handle.net/1814/76866
Abstract
Machines powered by artificial intelligence (AI) are increasingly taking over tasks previously performed by humans alone. In accomplishing such tasks, they may intentionally commit ‘AI crimes’, ie engage in behaviour which would be considered a crime if it were accomplished by humans. For instance, an advanced AI trading agent may—despite its designer’s best efforts—autonomously manipulate markets while lacking the properties for being held criminally responsible. In such cases (hard AI crimes) a criminal responsibility gap emerges since no agent (human or artificial) can be legitimately punished for this outcome. We aim to shift the ‘hard AI crime’ discussion from blame to deterrence and design an ‘AI deterrence paradigm’, separate from criminal law and inspired by the economic theory of crime. The homo economicus has come to life as a machina economica, which, even if cannot be meaningfully blamed, can nevertheless be effectively deterred since it internalises criminal sanctions as costs.
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Published online: 07 May 2024
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European Commission, 833647
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The work has been supported by the “CompuLaw” project, funded by the European Research Council (ERC) under the European Union’s Horizon 2020 research and innovation programme (Grant Agreement No.833647)