Criminological and Dogmatic Reflections on the Criminalization of Artificial Intelligence Related Harms.

• In Event: AI in Criminal Justice: Empirical and Normative Perspectives

Abstract

Artificial intelligence encompasses a range of technologies that entail an automatization of different tasks and a degree of autonomy on machine based systems that undertake those tasks. The need to regulate artificial intelligence has been raised by different legislators. It roots from the harms that this technology can cause and optimistic and pessimistic perspectives on this technology. Nevertheless, if some regulations have been passed there is uncertainty in the role that criminal law shall have on AI regulation. A response by criminal law might be feasible in some fields (autonomous driving, deep fakes) but there is no consensus on the general principles that shall guide this process.
The present communication attempts to give criminological and dogmatic reflections on the criminalization of AI. Is based on the works of the International Association of Penal Law, presenting the results of a survey across 24 countries and some experts on 4 specific fields. It gathers and structures the answers of experts across countries to give general reflections to guide the criminalization process. Besides, reflections are grounded on the existing evidence on AI related harms including a criminological perspective that studies what makes AI a “game changer” in the course of the criminal event. Particularly, special attention is given to comparisons between cyber crimes' and AI related crimes' criminogenic characteristics.

Author

• Fernando Miró-Llinares, Miguel Hernández University of Elche