Yes, but my point is that the only reason to grant legal personality to a "thing" is if you want to shield its owner from liability. If you're still holding the manufacturer liable for infractions committed by the algorithm, you don't need it.
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...
That might be technically true but in reality it quite often does. See nearly all bankers from 2K8 melt down for good examples of how money and power buy immunity in what is really an economically based caste system.
Do you really think if this was some garage start-up and not Google that they would have been granted anything but a swift kick in the ass out the office door of whatever bureaucrat handled this?
If the purpose is to account for freak events where the algo misbehaves for reasons that couldn't be foreseen, is that any different than a (non-autonomous) vehicle part failing despite being well-designed and maintained? This is not a new situation - an algorithm is just another car part. You don't need to give legal personality to the fuel injection pumps or the steering column in case it fails unexpectedly.
This issue is only confusing to the extent this isn't considered.
>an algorithm is just another car part
Exactly. And the designer is on the hook for negligence in the usual way - but not for malicious, tragic, and/or unforseeable circumstances that may lead to death or injury.
Finding the boundary between those will keep a lot of lawyers very busy. But I don't think we need to start assigning personhood and agency to a steering system just yet.
A corporation is a legal person, which makes it a lot easier to enter a contract with one, but that doesn't imply it has rights. You can own a corporation without it being slavery.
It's still an abstraction over something akin to mechanical failure, like how corporate personhood is an abstraction over a group of people. It doesn't mean the algorithm has rights, any more than a fuel injection pump does. You also can't murder a corporation, even though it's a legal person.