COGNITIVE MACHINES:REGULATION AND LIABILITYERIN M. BURKE, J.D.NOVEMBER 19, 2015

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Legal Punishment

Criminal Law, Tort Law, Contract Law

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Robots/Machines

Product Liability

Emotional human beings

Physical/Monetary “pain”

CognitiveMachines

Legal Decision Tree

Robot/ MachinesProduct Liability Emotional Being

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What legal framework is most appropriately applied, if any?

Cog as Machine: Product Liability law

Defect

Design

Manufacturing

Marketing

SubstantiallyAltered

Assumption of Risk

Legal Decision Tree

Robot/ MachinesProduct Liability

Emotional Being

WarningManufacturingDesign ChildCorp. Agency

Legal Personhood(s)

Various levels of ascribing rights and responsibilities.

Natural Persons

Corporations

Incapacitated/Children

Agent

COG as Corp.

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Legal Decision Tree

Robot/ MachinesProduct Liability

Emotional Being

WarningManufacturingDesign ChildCorp. Agency

COG as Child

Children get a pass

Exception: Intentionality

Attractive Analogy

Legal Decision Tree

Robot/ MachinesProduct Liability

Emotional Being

WarningManufacturingDesign ChildCorp. AgencyCorp.

Agents for COGs

Vicariousliability

Guiltymind

Strictliability

Legal Decision Tree

Robot/ MachinesProduct Liability

Emotional Being

WarningManufacturingDesign ChildCorp. Agency

What legal framework is most appropriately applied, if any?

Liability isn’t the whole story.

Regulation Liability

Regulation: fragmentation

DOT

States

NASANHTSA

FAA

FDA

SEC

Smart Cities ?

Regulation: skill set gap

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Where do we go from here?

Private Sector Government

Education