COGNITIVE MACHINES:REGULATION AND LIABILITYERIN M. BURKE, J.D.NOVEMBER 19, 2015
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photos/kjgarbutt/
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Legal Punishment
Criminal Law, Tort Law, Contract Law
Creative Commons copyrightJoseph Kranak
https://www.flickr.com/photos/94215313@N00/Creative Commons copyright
Pictures of Moneyhttps://www.flickr.com/photos/pictures-of-money/
Robots/Machines
Product Liability
Emotional human beings
Physical/Monetary “pain”
CognitiveMachines
Legal Decision Tree
Robot/ MachinesProduct Liability Emotional Being
WarningManufacturingDesign ChildCorp. Agency
What legal framework is most appropriately applied, if any?
Cog as Machine: Product Liability law
Defect
Design
Manufacturing
Marketing
SubstantiallyAltered
Assumption of Risk
Legal Decision Tree
Robot/ MachinesProduct Liability
Emotional Being
WarningManufacturingDesign ChildCorp. Agency
Legal Personhood(s)
Various levels of ascribing rights and responsibilities.
Natural Persons
Corporations
Incapacitated/Children
Agent
COG as Corp.
Creative Commons copyrightPictures of Money
https://www.flickr.com/photos/pictures-of-money/
Legal Decision Tree
Robot/ MachinesProduct Liability
Emotional Being
WarningManufacturingDesign ChildCorp. Agency
COG as Child
Children get a pass
Exception: Intentionality
Attractive Analogy
Legal Decision Tree
Robot/ MachinesProduct Liability
Emotional Being
WarningManufacturingDesign ChildCorp. AgencyCorp.
Agents for COGs
Vicariousliability
Guiltymind
Strictliability
Legal Decision Tree
Robot/ MachinesProduct Liability
Emotional Being
WarningManufacturingDesign ChildCorp. Agency
What legal framework is most appropriately applied, if any?
Liability isn’t the whole story.
Regulation Liability
Regulation: fragmentation
DOT
States
NASANHTSA
FAA
FDA
SEC
Smart Cities ?
Regulation: skill set gap
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Where do we go from here?
Private Sector Government
Education
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