Beyond the Hype - AEA - EALaea-eal.eu/wp-content/uploads/2019/06/Presentation... · Beyond the Hype...

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Beyond the Hype Liability and AI

Transcript of Beyond the Hype - AEA - EALaea-eal.eu/wp-content/uploads/2019/06/Presentation... · Beyond the Hype...

Page 1: Beyond the Hype - AEA - EALaea-eal.eu/wp-content/uploads/2019/06/Presentation... · Beyond the Hype Liability and AI. What do these have in common? Why might there be an issue? •Complexity

Beyond the Hype

Liability and AI

Page 2: Beyond the Hype - AEA - EALaea-eal.eu/wp-content/uploads/2019/06/Presentation... · Beyond the Hype Liability and AI. What do these have in common? Why might there be an issue? •Complexity

What do these have in common?

Page 3: Beyond the Hype - AEA - EALaea-eal.eu/wp-content/uploads/2019/06/Presentation... · Beyond the Hype Liability and AI. What do these have in common? Why might there be an issue? •Complexity
Page 4: Beyond the Hype - AEA - EALaea-eal.eu/wp-content/uploads/2019/06/Presentation... · Beyond the Hype Liability and AI. What do these have in common? Why might there be an issue? •Complexity
Page 5: Beyond the Hype - AEA - EALaea-eal.eu/wp-content/uploads/2019/06/Presentation... · Beyond the Hype Liability and AI. What do these have in common? Why might there be an issue? •Complexity
Page 6: Beyond the Hype - AEA - EALaea-eal.eu/wp-content/uploads/2019/06/Presentation... · Beyond the Hype Liability and AI. What do these have in common? Why might there be an issue? •Complexity

Why might there be an issue?

• Complexity and “black boxed-ness”• Lots of code, • from different sources• Combination of code and training data• Opacity of the neural network

• Autonomy and break of causal chain

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But then again….

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• But maybe that’s also a chance to get it right this time round?

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Autonomy?

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SMBC-comics.com

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So….only business as usual?

• Not quite• Changes to the law of evidence and

procedure• Change to laws on data preservation and

curation• Changes to the insurance regime• Changes to standards of required care

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Evidence and procedure

• Consumer protection and non-discrimination laws: post factum analysis

• Disclosure of code – lessons from IP law?• Expert evidence: who counts as expert?• Explainable AI for delict law? (cf GDPR)

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Data curation and preservation

• Already for FinTech under Mifid: “snapshot” of data and code

• “black box” from aviation industry?• Post-event reporting/monitoring (as with

medical drugs?

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(mandatory insurance regime)

• Where can insurance companies leverage their power best?

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• How many AIs/robots do you see?

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• What happens to unowned AIs?• How long is an AI “the same” AI (updates,

patching, learning)

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The end…..