Electronic person

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An electronic person , also E-person , engl. electronic person is a largely autonomous machine, for which a separate legal status is to be created in view of technical developments . In particular in the current liability law , an electronic person has not yet been recognized. If the electronic person were recognized as a legal subject , then such machines would be bearers of rights and obligations and would be on an equal footing with the natural person and the legal person . There is a need for regulation B. for the self-driving car , robots in industry, care or household as well as drones .

motivation

Who is liable if an autonomously acting machine malfunctions? There is still no clear answer to this question, as the cause of the malfunction in such a machine can often not be determined and the legal situation is still largely unclear.

was standing

The European Parliament recognized a possible regulatory loophole and passed a resolution in January 2017. The European Commission is to submit a proposal to the European Parliament for a directive on civil law regulations in the field of robotics .

The obvious idea is to introduce compulsory insurance for the autonomously operating and self-learning machines to cover damage, because developers, distributors and users can be held less and less responsible as technical developments progress. Consideration is also being given to giving such machines a wage in order to pay the insurance premiums. Bill Gates calls for robots to pay taxes on the income of those they replace. This could compensate the state and society for the wage and income tax lost through the use of robots.

criticism

An international group of more than 250 AI researchers, law professors, philosophers, theologians and entrepreneurs have concerns about the introduction of the electronic person. In an open letter to the EU Commission, she considers the legal construct of an electronic person to be neither appropriate nor necessary. The causes for the misconduct of autonomously acting machines are very much attributable and thus the question of liability can already be answered according to applicable law. The legal status of an electronic person can neither be derived from the model of the natural nor that of a legal person. The granting of human rights means an overestimation of the "autonomy" of machines and is incompatible with the image of man in the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights . A legal person also always represents human beings.

Individual evidence

  1. Markus Häuser: Robots & AI before the law of March 10, 2017.
  2. Marina Vogt: Will we be liable for our robots in the future? from October 10, 2017.
  3. Report of January 27, 2017 with recommendations to the Commission on civil law regulations in the field of robotics Website of the European Parliament, accessed on May 27, 2018
  4. Robots: Legal Affairs Committee calls for EU-wide rules of January 12, 2017 (English)
  5. Thomas Klindt, Nico Kuhlmann: Do robots have rights? dated November 11, 2017.
  6. Open Letter To The European Commission - Artificial Intelligence And Robotics of January 27, 2018.
  7. Tomislav Bezmalinovic: Dispute over the rights of robots: Who is liable if something goes wrong? from April 21, 2018.