Artificial intelligence: legal status or legal regime?

Abstract

In Russia, like elsewhere in the world, artificial intelligence, robots and robotic technologies have been introduced into various fields of economy, and state and public life. The variety of spheres of application in which artificial intelligence in different forms is currently used and will be used in future, have implications for the legal system and require adequate legal developments that would take into account the features of these fundamentally novel and previously unknown technologies. The solution of this complex task, in its turn, involves theoretical understanding of multiple conceptual issues that can affect the success or failures of legal regulations in the area of public relations under consideration. The article considers Asimov’s laws of robotics and ethical norms that have been proposed for artificial intelligence in the Concept of development of regulation of relations in the sphere of artificial intelligence and robotics technologies for the period till 2024. The authors discuss the subject of criminal law assessment of robots’ behavior, and propose the understanding and definitions of notions like “ethics” and “lawfulness” of robots’ behavior, “ethical violations”, “offences”, “guilt” and “responsibility” of robots. The authors also analyze anthropomorphism as one of the strategies of social robotics, its pros and cons. The authors conclude that legislation should use as a starting point the functions of artificial intelligence and it should be uniform towards all emerging forms. At present stage of development, it is necessary to have a legal regime established for robots (artificial intelligence), while the legal status for them is the matter of future, when they will acquire real autonomy and will be able to carry out their own free choice of behavior.