Can an artificial intelligence tool, such as a chatbot, be held responsible if people committed crimes based on information they got from the tool? Should chatbots, which are programmed to closely mimic human thought patterns and are increasingly treated as companions, be subject to legal checks that acknowledge those tools’ developing independence or autonomy? These are not easy questions, but ones lawyers are grappling with across the globe, from a handful of cases in the U.S. to regulations being considered in Europe.
As AI agents grow more powerful, governments and regulatory bodies are also weighing these questions. In response, some are devising new legal frameworks to govern the emerging technology in ways that anticipate a continued evolution in capabilities — perhaps beyond what humanity can imagine. Where they land will ultimately influence how AI is regulated, experts say, and could determine who is to be held responsible when systems discriminate, cause harm or lead people to break the law. While the question of criminality is being argued, at the heart of the debate is something much more basic.
