Page 36 - January 2019 | Cleveland Metropolitan Bar Journal

BarJournal YOuNG LAWYERS

JU LY /A UGUST 20 15
fEATUrE the FutuRe OF Law

THE AI CRIMINAL, COURT, AND EMPLOYER

by aLexandra (aLi) n. nienaber

hen most attorneys AI focuses on creating a system that works Shopper, with the purpose of creating an
think about AI, the without including the logic or reasoning of art exhibit. The exhibit focused on the
thought that usually a human being. Between strong and weak AI dark web, a hidden part of the internet
comes to mind is are systems that focus on using the logic and that is unindexed, which contains access to
W “Will AI take my reasoning of humans as a model, but not for over 16,000 items to purchase, both legal
job?” With headlines such as: “Lawyers could the AI systems’ end goal. and illegal. The artists created Random
be replaced by artificial intelligence” and “Are The most common AI available today falls Darknet Shopper as an automated online
Robots Going to Take Our Legal Jobs?” being under the category of weak AI and can be bot that would purchase items on the
splashed across newspapers, it is no surprise seen in technology like Siri or Alexa. Strong dark web that would then be placed in the
that artificial intelligence invokes feelings of AI does not exist yet. Experts in the industry exhibit. After letting the AI program loose,
fear in most attorneys. However, AI shift in the have struggled to replicate human intelligence. the AI purchased legal items like Nike
practice of law will not be to eliminate all jobs, As experts gain a better understanding of trainers and illegal items like ecstasy pills.
but lead to new opportunities. Specifically, the human brain, they are getting closer to Eventually, the illegal items were seized by
the rise of AI will lead to a new, viable area developing strong AI. the government and the prosecutor had
of law to practice, to make a decision
with complexities on whether to
spanning from civil charge the AI or
to criminal law. Due artists. In the end,
to these complexities, the Switzerland
legislatures and prosecutor did
courts will have to not press charges
deal with creating and against the artists
developing new laws or the AI system
and evolving old law. reasoning that the
items were not
WHAT IS AI? being used in a
In 1956, John crime because the
McCarthy coined the public should have
term AI and defined the right to look at
AI as “the science these items in such
and engineering of a manner.
making intelligent
machines.” Since then, the definition of AI has AI And THE lAW Current Laws and the Future for the AI
varied depending on the source. Despite the Although strong AI does not currently exist, Criminal
lack of a concrete definition, most definitions the intersection of AI and the law is developing Courts and prosecutors in the United States
of AI have common characteristics focusing from theories and hypotheticals to real court have not had to evaluate the question of criminal
on the ability of a machine to replicate the cases. Below are just a few examples of how liability when AI is used yet. When evaluating
intelligence of a human being. Due to this, AI has already begun to interact with the legal criminal liability, current laws do not provide a
AI is often evaluated on a scale of weak to industry and a brief discussion on current laws. means of prosecuting AI for two reasons. First,
strong AI. Strong AI or true intelligence AI is not considered a human being and under
systems are built to replicate the intelligence THE AI CrIMInAl, COUrT, And most criminal statutes, such as Ohio Revised
of a human being. The core characteristic EMPlOyEr Code 2901.21, the actor must be a “human.”
of strong AI is the ability of the AI to make Second, even if “human” was redefined to
judgments and decisions without outside The AI Criminal encompass AI, AI is unable to meet the actus
influences in a manner similar to how a In 2014, a group of artists in Switzerland reus (the physical element of the crime) and
human would behave. While weak or narrow created an AI system, Random Darknet mens rea (the requisite mental state of the actor).
36 | Cleveland Metropolitan Bar Journal clemetrobar.org