AI Ethics is mulling over whether the establishment of AI Compensatory Funds might be a viable means of ensuring AI accountability and compensating humans that are harmed by AI.
Besides employing AI Ethics precepts in general, there is a corresponding question of whether we should have laws to govern various uses of AI. New laws are being bandied around at the federal, state, and local levels that concern the range and nature of how AI should be devised. The effort to draft and enact such laws is a gradual one. AI Ethics serves as a considered stopgap, at the very least, and will almost certainly to some degree be directly incorporated into those new laws.
Another consideration is that even if the roots of the AI can be traced to someone, the question is whether the person or persons might not have been able to reasonably foresee the adverse outcome that the AI ultimately produced. The crux of foreseeability is a customarily notable factor in assessing legal liability.
Such a fund would be akin to a form of insurance of sorts, as stated in a thought-provoking research paper: “This would essentially be an insurance mechanism against uncertainty: A clear and transparent framework for speedy compensation in cases where a liability suit has uncertain or no prospect of success owing to the unforeseeable nature of the damaging conduct, the damage itself, or the excessive costs and/or complexity of the procedure” .
One viewpoint is that AI makers would need to put monies into the funds as part of their efforts when devising and promulgating AI. This could be construed as a kind of fee or tax that they are required to bear as part of being able to release their AI to the world.
Attorneys might though emphasize that the AI compensatory fund could let those other parties such as the AI makers seemingly avoid any clearcut penalty for having let loose their self-driving car on public roadways that ended up striking a bike rider. What else might those firms opt to “carelessly” do? Without the looming specter of the legal sword dangling over their heads, we could find ourselves daily confronting AI that is rife with endangering capacities.
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