I think establishing whether AI has intent in the legal sense will probably be a mess. Strict liability is probably better because it averts that, but it should be tied only to the highest-risk activities. I like Weil’s proposal for categorizing certain deployments of frontier AI as abnormally dangerous activities, which would let us use strict liability.
I think establishing whether AI has intent in the legal sense will probably be a mess. Strict liability is probably better because it averts that, but it should be tied only to the highest-risk activities. I like Weil’s proposal for categorizing certain deployments of frontier AI as abnormally dangerous activities, which would let us use strict liability.