How to sue a robot?

Reforms to liability law to take account of artificial intelligence (AI) may be necessary, a House of Lords committee has said.

The use of robots and algorithms to make decisions poses serious questions about accountability, foreseeability and what is reasonable behaviour, the Peers warn, whether the decision is about ‘receiving a mortgage, in diagnosing illness, or a decision taken by an automated vehicle on the road’. Moreover, the logistics of obtaining answers from designers in another country could make litigation slow, expensive and difficult.

In its report, ‘AI in the UK: ready, willing and able?’, the Select Committee on AI concludes that it is not ‘currently clear whether existing liability law will be sufficient when AI systems malfunction or cause harm to users, and clarity in this area is needed’. The Committee, which heard evidence from law firms and legal experts, recommends that the Law Commission investigate the issue.

The Committee envisages AI giving the UK economy a powerful boost for years to come, and the UK being a world leader in the ethics surrounding the development and use of AI. It recommends the creation of an AI Code for national and international use, providing, for example, that AI be ‘developed for the common good’ and that ‘the autonomous power to hurt, destroy or deceive human beings should never be vested in AI’.

It also recommends a Competition and Markets Authority review of data use by large technology companies in the UK to guard against market monopolisation, as well as giving individuals greater control over the way their personal data can be used.

Lord Clement-Jones, chair of the Committee, said: ‘The UK contains leading AI companies, a dynamic academic research culture, and a vigorous start-up ecosystem as well as a host of legal, ethical, financial and linguistic strengths.

‘We should make the most of this environment, but it is essential that ethics take centre stage in AI’s development and use.’