COMPENSATION FOR DAMAGE CAUSED BY THE USE OF ARTIFICIAL INTELLIGENCE TECHNOLOGIES AS A SPECIAL TORT

Abstract

The article is raised the issue of compensation for damage caused by the use of artificial intelligence technologies. It is emphasized that the active use of advances in computer technology not only creates additional opportunities for humanity, but also creates new risks, including the danger of harm. Therefore, the purpose of the publication is to develop a theoretical model of compensation for damage caused by the use of artificial intelligence technologies as a special tort. Based on the analysis of international and native sources, different approaches to compensation for damage caused by the use of artificial intelligence technologies are considered. In particular, two regimes of civil liability for damage caused by artificial intelligence are investigated: strict liability regime and fault-based liability. The general regime of strict liability provides for the liability of the operator of artificial intelligence systems for damage caused by artificial intelligence, regardless of where the operation takes place and it happens physically or virtually. Instead, fault-based liability makes it possible for an operator to avoid liability for damage caused by the use of artificial intelligence if the artificial intelligence system has been activated without his knowledge, or if the operator has exercised due care in maintaining the artificial intelligence system. The division of responsibility between the operators and the victim is also mentioned. As a result, it is concluded that when the development of artificial intelligence systems reaches the level of absolute autonomy in decision-making and implementation, the issue of liability for damage caused by artificial intelligence should be reconsidered from the standpoint of establishing the legal status of "electronic person" and determining its legal personality.