Nowadays, a professional engineer (a phrase with a precise legal meaning) can be held criminally and civilly liable for negligence even when they are "just following irders." Unfortunately, we're at the very early wild wild west stages of the industry, before some big exposé or calamity completely shakes up the industry (i.e. Sinclair's The Jungle did for food, Carson's Silent Spring for pesticide use, or the 1906 SF earthquake for building codes).
I think of these algorithms as being algorithms created and vetted out by algorithms, therefore, its negligent to not understand what they are doing. Since its difficult to know what they are doing, then the risk to use them in this way should be viewed as too great
The only way to ensure nobody is killed is to add "0 people killed" to the target function of the black box.
peopleKilled() < εIt would make a good novel, but it would be too confusing and depressing, like the Infernal Desire Machines of Dr. Hoffman, but more frustrating and confusing.