Ah, but aren't companies themselves entities such that their owners and creators are liable about their actions in certain cases, but not in others?
Not a lawyer and not a founder, but as I understand it, it goes something like:
- If I own a company and it is insolvent or incapable of fulfilling some contract, I am probably not in trouble, the company is. It might still depend on the specifics, though.
- If I own a company and it does something illegal without my knowledge or intent, such as say produce unsafe products, I might be in trouble, or I might not be, depending on how unsafe, why and whether I can be found have been negligent in allowing it. The company itself definitely is in trouble, though, since it has clearly violated the law.
- If I own a company and I willingly task it, or even allow it, to do something illegal, with full knowledge of the illegal actions in question, then I am probably in trouble too.
Operating through a company doesn't make me immune from the law, and neither should working through an algorithm. On the other hand, full personal liability for everything my company/algorithm does, when I am not in the loop at the point the decision happens, seems like the wrong standard as well.
So basically the algorithm can be found guilty of a crime. The company that created it can then be found guilty of selling a defective product (depending on whether there was any reasonable way of catching the defect). The owners can be then charged with negligence or something to that effect if the defect is something that standard industry practice or compliance with regulations should have caught, or if it was introduced deliberately.
If someone has a law background here, feel free to let me know if I am misunderstanding anything...