Abstract: Modern times warrant modern legal measures in order to resolve today's legal problems. The rapid development of Artificial Intelligence technology requires current legal solutions in order to protect society from possible dangers inherent in technologies not subject to the law, especially criminal law. Criminal law has a very important social function - that of preserving social order for the benefit and welfare of society. The major question of this essay is which kind of laws or ethics are correct and who is to decide. In order to cope with these same problems as they relate to humans, society devised criminal law. Criminal law embodies the most powerful legal social control in modern civilization. People's fear of AI entities, in most cases, is based on the fact that AI entities are not considered to be subject to the law, specifically to criminal law. In the past, people were similarly fearful of corporations and their power to commit a spectrum of crimes, but since corporations are legal entities subject to criminal and corporate law, that kind of fear has been reduced significantly. Therefore, the modern question relating to AI entities becomes: Does the growing intelligence of AI entities subject them to legal social control, as any other legal entity? This article attempts to work out a legal solution to the problem of the criminal responsibility of AI entities. At the outset, a definition of an AI entity will be presented. Based on that definition, this article will then propose and introduce three models of AI entity criminal responsibility, the perpetration-by-another responsibility model, the natural-probable-consequence responsibility model and the direct responsibility model.
To cite this article: Hallevy, Gabriel. Virtual Criminal Responsibility [online]. Original Law Review, The, Vol. 6, No. 1, 2010: 6-27.
[cited 28 Jun 17].