Cardozo Law Review
Abstract
Part I of this Note will discuss the evolution of Al from early computer models in the 1980s to sophisticated and standalone thinking machines in today's world, while touching on some of the drawbacks. It will also discuss the evolution of Al within the military, encompassing the current state of the debate over the use of autonomous weapons. Further, it explores the already proposed regulatory changes that surround Al and their hypothetical impacts on military Al and autonomous weapon systems. Part 11 first delves into factors to consider in regulating autonomous weapon systems. It then analyzes whether an Al machine can be considered human, while exploring the concept of war torts and its intersection with Al. Finally, Part III proposes a limited strict liability tort regime standard for regulating autonomous and semiautonomous weapons, particularly focusing on a standard that will anticipate and account for issues facing evolving Al. This standard will attempt to propose issues, such as machine and reinforcement learning, which are becoming more sophisticated within Al. It will also discuss how Al-influenced weapons account for moral decisions that humans make intuitively, identify how sovereign immunity plays a role, and detail how an engineering design standard for these autonomous weapon systems is imperative. These inclusions will be guided by the history of Al and challenges that the field already faces.
Disciplines
Environmental Law | Law | Science and Technology Law | Torts
Recommended Citation
Elizabeth Fuzaylova,
War Torts, Autonomous Weapon Systems, and Liability: Why a Limited Strict Liability Tort Regime Should Be Implemented,
40
Cardozo L. Rev.
1327
(2019).
Available at:
https://larc.cardozo.yu.edu/clr/vol40/iss3/10