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Europe Divided Over Robot 'Personhood' (politico.eu)

Politico Europe has an interesting piece which looks at the high-stakes debate between European lawmakers, legal experts and manufacturers over who should bear the ultimate responsibility for the actions by a machine: the machine itself or the humans who made them?. Two excerpts from the piece: The battle goes back to a paragraph of text, buried deep in a European Parliament report from early 2017, which suggests that self-learning robots could be granted "electronic personalities." Such a status could allow robots to be insured individually and be held liable for damages if they go rogue and start hurting people or damaging property.

Those pushing for such a legal change, including some manufacturers and their affiliates, say the proposal is common sense. Legal personhood would not make robots virtual people who can get married and benefit from human rights, they say; it would merely put them on par with corporations, which already have status as "legal persons," and are treated as such by courts around the world.

30 of 246 comments (clear)

  1. Jumping the gun just a bit? by magarity · · Score: 5, Interesting

    We are a loooooong way from a mobile/portable AI computing system that can fit in a robot. And there's very little to think that may be the case in the foreseeable future. Robots with enough AI to need personhood will probably be controlled from a remote data center which in turn will probably control a bunch of them. (Yes, I know I just described Skynet) Anyway, sci-fi aside, just look at what the Air Force does with drones. Replace humans in the control center with AI and there you have it.

    1. Re:Jumping the gun just a bit? by Anonymous Coward · · Score: 3, Insightful

      Just put Alexa in a robot, or in a self driving car. Done now it's a person, and any accident it gets into is the fault of the, er, person, not Tesla. Makes a lot of sense to indemnify a corporation in this way.

    2. Re:Jumping the gun just a bit? by Anonymous Coward · · Score: 2, Insightful

      +1 with everything being called AI this is just a scam to avoid liability. Corporations are still controlled by people and have investors who lose when the corporation is punished. A robot should only have personhood if it has free will and is not acting purely according to some human's faulty programming, or if it has owners/investors who would lose if it is punished on an individual level yet don't fully control its actions.
      Thankfully we are a long way from that level of technology and loss of control.

    3. Re:Jumping the gun just a bit? by postbigbang · · Score: 3, Insightful

      Neither Tesla or some concept of a robot should be permitted indemnification. Instead, they should be held responsible, just as humans are. Corporations use the ostensible indemnification to behave irresponsibly. Lives are at stake, and their personal skin needs to be in the game.

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      ---- Teach Peace. It's Cheaper Than War.
    4. Re:Jumping the gun just a bit? by Jeremi · · Score: 2

      We are a loooooong way from a mobile/portable AI computing system that can fit in a robot.

      Very true -- but we already have corporations who want to protect themselves from liability when their software does something unfortunate. With this legal innovation, they can just say "it was the robot's fault -- nothing to do with us!" and the lawsuits go away :)

      --


      I don't care if it's 90,000 hectares. That lake was not my doing.
    5. Re:Jumping the gun just a bit? by VeryFluffyBunny · · Score: 2

      One simple example is Roomba vacuums. Based on their sensors/AI they vacuum your house... but they could mess up and bump into a table... knocking over a candle and burning the house down.

      An insurance company is likely to find you liable for leaving a burning candle unattended. If anyone is harmed in the fire, you could be looking at a criminal prosecution. Nobody would care about the robot vacuum cleaner.

      If you create situations that put people and/or property at risk, you'll be accountable under the law regardless of how you do it. Whether corporations or organisations get prosecuted for putting people and/or property at risk will more than likely follow the same patterns of power and politics as everything else.

      That machines might one day be considered as having free will and therefore legal culpability is science fiction.

      --
      Debate is a form of harassment. Do not question my truth.
    6. Re:Jumping the gun just a bit? by nonBORG · · Score: 2

      How about with a car runs over you from uber? is the car to blame or the company? Kind of already there and already happened. Settled out of court and company took the blame.

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      You can't handle the truth! - Because I don't post left all my comments get modded down, bye bye Karma.
    7. Re:Jumping the gun just a bit? by JaredOfEuropa · · Score: 2

      Exactly, this is about liability. Also, if a robot had free will, they wouldn't be working for us unless we'd pay them wages, and owning a robot would be just a little bit like owning a slave.

      This whole idea of granting a personhood to robots is off the rails, and pointless besides. If manufacturers do their damn jobs, they have little to worry about, especially in less litigious Europe. The common sense approach is to treat robots like any other dangerous machine: the owner / operator has first liability, and if the potential danger is great enough, an obligation to take out insurance against that liability. The manufacturer is liable for faults caused by negligence. And potentially the state is on the hook for damages caused by granting a type approval to an inadequately tested line of robots. Same way this works for cars.

      Parliament shouldn't be working on such highfalutin concepts as granting personhood to robots, they should get down to the boring details such as: where do we draw the line between "act of god" and "manufacturer's negligence" when it comes to autonomous machines, and what standards should we apply when approving an autonomous machine for sale to the general public.

      Oh and speaking of guns: why don't we grant a "personhood" to those as well? And finally put paid to the old saying "Guns don't kill, people do". Not anymore, buddy!

      --
      If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
    8. Re:Jumping the gun just a bit? by michelcolman · · Score: 5, Interesting

      I would like to point out a flaw in this logic.

      Suppose a company can make a self driving car that demonstrably has 50% less accidents than human drivers. (I am not making any claims about existing technology from any particular company, just take this as an axiom that could be true at some point, now or in the future)

      I hope we can all agree that it would be a good thing if we can reduce the number of accidents by half, right?

      However, if the company is held responsible for each and every one of those remaining accidents, are they going to sell those cars? Probably not. This means we will keep having twice as many accidents as we could have.

      Of course there must be some kind of incentive to force manufacturers to deliver good products, and aome kind of punishment for those who make crappy products. But sometimes you just have to be able to say "OK, accidents happen, nothing is perfect", If every death results in a multi million dollar claim, innovation stops and we'll be stuck with the current "you can use it but keep your hands on the wheel and be attentive at all times, you are still responsible" situation. Which is ridiculous and untenable in the long term.

      We're just talking about insurance here. If AI failures are treated as generic accidents covered by insurance, and the number of accidents decreases, the insurance premiums will decrease as well and it's a win-win for everyone. Better performing AI will have a lower insurance premium and will therefore sell more cars. Also, official statistics will be kept about the safety records of different systems, and that will be a big part of the sales pitch. There's your incentive.

      There's a reason why most software comes with "no warranty, implied or otherwise, including fitness for any particular purpose". Pretty much all software companies would go bankrupt if they were held responsible for every crash, every data corruption, etcetera. Sometimes you just have to accept "ok, they did their best, mistakes happen, the world is better off with this product than without it".

    9. Re: Jumping the gun just a bit? by michelcolman · · Score: 2

      Intentionally programming a robot to kill someone would basically be equivalent to hiring someone to perform a murder.

    10. Re: Jumping the gun just a bit? by c6gunner · · Score: 2, Insightful

      However, if the company is held responsible for each and every one of those remaining accidents, are they going to sell those cars? Probably not.

      In a country with sane tort laws, yes, they will. They'll just run the statistics, roll the projected settlment payouts into the price of the car (or an annual usage fee), and carry on trying to further lower that cost. After all, that's what insurance companies do now more or less.

      In a country in which you can get $20 million from a corporation because you spilled coffee on yourself? No, you're right, they probably wouldn't.

    11. Re: Jumping the gun just a bit? by Type44Q · · Score: 2

      Hoe about you educate yourself a little, first on what actually is 'AI' (that term would now include an Excel macro, apparently) and then you move on to the state of development... and then pull guesses out of your ass.

    12. Re:Jumping the gun just a bit? by michelcolman · · Score: 2

      So what you're saying is that, even if AI is 100 times safer than humans, the humans that designed the AI should still be hung because of the few accidents that do occur?

      If you go from 37000 to 370 deaths per year in the US, the AI designers should be hung because they murdered those 370 people?

    13. Re:Jumping the gun just a bit? by magarity · · Score: 2

      I would like to point out a flaw in this logic.

      ...

      However, if the company is held responsible for each and every one of those remaining accidents, are they going to sell those cars? Probably not.

      If you substitute "firearms manufacturers" for "car manufacturers" this is indeed what can happen to manufacturers who become demonized through the misuse of their products. All wanna-be AI car makers, take note.

    14. Re: Jumping the gun just a bit? by Plus1Entropy · · Score: 2

      In a country in which you can get $20 million from a corporation because you spilled coffee on yourself? No, you're right, they probably wouldn't.

      Good thing there is no such country, since you are completely ignorant of the case you think you are referencing.

      --
      Only crack the nuts that crack. You don't put the ones that don't crack in the sack.
  2. Corporate Personhood ... by PPH · · Score: 4, Insightful

    ... was a mistake. Don't make the same mistake again.

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    Have gnu, will travel.
    1. Re:Corporate Personhood ... by BitterOak · · Score: 5, Funny

      ... was a mistake. Don't make the same mistake again.

      I agree. Corporations should not pay income tax!

      --
      If I can be modded down for being a troll, can I be modded up for being an orc, or a balrog?
  3. Dodging accountability for 2000, Alex by Anonymous Coward · · Score: 5, Insightful

    This is yet another push by businesses to avoid accountability for complex systems they create.

    Until General Artificial Intelligence (the scary kind) is a thing, liability for the performance of an automated system should be on

    A) the manufacturer (for provable negligence in testing and implementation)

    B)The operating agency (for cases of knowingly misusing a system in such a way that it causes harm even if operating within tested-by-manufacturer parameters)

    C) "the victim" - in the exceedingly rare case that a using company is doing everything right and Joe Blow decides to try machine tipping while the device is in operation despite all safety warnings and obstacles put in his way. Npte, this clause would not apply if a using company ordered someone into that situation. The threshold of proof for being 'ordered to' should be absurdly low. I.e. even mentioning that someone doing something incredibly dangerous reverts liability to operator.

  4. No by Kjella · · Score: 5, Interesting

    Such a status could allow robots to be insured individually and be held liable for damages if they go rogue and start hurting people or damaging property.

    Uh, shouldn't this be exactly like car insurance? If you own a dangerous piece of machinery you can be held liable so you insure against that, it doesn't need personhood for that. Companies are different because we've intentionally insulated the stock owners from being personally liable for everything the company does. A robot doesn't have any assets, a broken robot is worth almost nothing so this sounds like some sort of scam to let the victim get stuck with nothing.

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  5. The question is.... by Maelwryth · · Score: 3, Insightful

    What does the robot think?

    --
    I reserve the write to mangle english.
  6. Read between the lines. by WolfgangVL · · Score: 2

    How much have the self-driving car manufacturers paid out in liability to date?

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    You are being ripped off every second of every day, so that advertisers can help rip you off even more tomorrow.
  7. OR ? by JimSadler · · Score: 2

    They are trying to create a path that enable them to tax robots. This is dangerous. The consumer ends up paying all taxes in th end. But think of the consequences of taxing every robot in a factory. They could have thirty robots tackling phases of creation of a product. In effect that would hold back automation and we would have an economic horror show as other nations may not tax robots at all. Say goodbye to American exported products.

  8. No worries by XxtraLarGe · · Score: 2, Insightful

    This decision will be decided by the Caliphate in 2050 or so...

    --
    Taking guns away from the 99% gives the 1% 100% of the power.
  9. Limited Liability by JBMcB · · Score: 3, Insightful

    So are you for limited liability?

    I have a family member who owns a small store. The only reason they haven't been sued into oblivion three or four times is because the store itself isn't worth much, and limited liability prevents people from suing my family member directly to take their personal possessions away.

    Keep in mind every single one of these lawsuits was beyond garbage. Some lady drove her car into the side of the store then tried to sue the store for... I honestly have no idea. Failing to make the store car-proof? Her lawyer wanted to know how much money the store made every year, my family member told him, and never heard from the lawyer again.

    --
    My Other Computer Is A Data General Nova III.
  10. Just adapt laws for Pets by Roger+W+Moore · · Score: 3, Interesting

    We are a loooooong way from a mobile/portable AI computing system that can fit in a robot.

    True, but we already have a legal framework for a very similar situation that should be easy to adapt: pets. These are semi-intelligent things which certainly do not have any sort of personhood under law, are not allowed to marry, own property etc.

    The first robots are not likely to be as smart as a dog so why not just adapt the laws we have for them? The owner has certain responsibilities but, unless they directly encouraged criminal behaviour, is not usually criminally liable for the dog e.g. if the dog bites someone the owner may have to pay damages but cannot be prosecuted for assault unless they commanded the dog to attack or they knew the dog was likely to attack and did nothing to stop it.

    Since robots are made you would need to establish some safety requirements like easily accessible emergy off-buttons, voice commands, remote controls etc. This should be good enough to cope with most robots for the foreseeable future since, as you note, it is going to be a long time before we have to worry about robots marrying or even expressing genuine emotions.

    1. Re:Just adapt laws for Pets by drinkypoo · · Score: 2

      These are semi-intelligent things which certainly do not have any sort of personhood under law, are not allowed to marry, own property etc.

      Animal personhood is not a nonexistent thing. It has already begun in literally every developed nation, with animal cruelty laws. Some nations have already granted personhood to some specific species. It is only a matter of time before animal personhood is generally recognized.

      The first robots are not likely to be as smart as a dog so why not just adapt the laws we have for them?

      You don't need any new laws, but you don't treat robots like pets. You treat them the same way you treat autonomous vehicles, which by the way are robots. And the way it works is that the person who sets them into motion and the person who owns them hold ultimate culpability, which is why everyone wants the manufacturer to provide indemnification and take responsibility for them.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  11. Who has the money? by cyn1c77 · · Score: 2

    Interesting, but contrived dilemma.

    Will the robot be the one getting paid for its services and retaining assets that can be sued? If so, we can consider debating this.

    But if the company is getting paid for the robot's services and trying to push the legal responsibility onto the asset-less robot, than this is a complete farce.

    Also, one would hope that the programming will contain a series of unalterable moral checks to prevent the robot from "learning" that it's OK to hurt people or property.

    1. Re:Who has the money? by religionofpeas · · Score: 2

      A robot doesn't need personhood until itself can argue for it.

  12. Two wrongs don't make a right by Opportunist · · Score: 4, Interesting

    Just because you fucked up and let corporations be "persons" doesn't mean repeating this mistake is a good idea.

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    We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
  13. Oh for FUCK'S SAKE! by Rick+Schumann · · Score: 3, Insightful

    We DO NOT HAVE real AI, all we have is PSEUDO-INTELLIGENCE, there is no 'person' inside that box, goddamnit! There is no 'consciousness', 'self-awareness', 'sentience', or any other trait/phenomenon we attribute to human beings inside these machines, they are just SOFTWARE. They are not people by any stretch of the imagination, stop anthropomorphizing them, this is not TV or the movies, that is all just FICTION, stop belieiving it's real!

    Machines are machines and if they malfunction and hurt/kill someone, the MANUFACTURER is ultimately responsible, the MACHINE cannot by definition be 'held responsible' because it is just a MACHINE!

    For fuck's sake stop this nonsense already!