A big advantage of no-fault liability over “liability only if negligent” is that the latter could incentivize companies to not produce evidence of risks that their models pose (since if they deploy despite having had access to such evidence, that might be used as evidence of negligence). In a field where there’s not yet any good standards for what non-negligent behavior looks like, it seems important to make the incentives point firmly in the direction of gathering more information rather than sometimes making that harmful.
A big advantage of no-fault liability over “liability only if negligent” is that the latter could incentivize companies to not produce evidence of risks that their models pose (since if they deploy despite having had access to such evidence, that might be used as evidence of negligence). In a field where there’s not yet any good standards for what non-negligent behavior looks like, it seems important to make the incentives point firmly in the direction of gathering more information rather than sometimes making that harmful.