Algorithmic entities

Algorithmic entities are autonomous algorithms that operate without human control. Recently, attention is being given to legal algorithmic entities that may obtain personhood or identity for purposes of conducting legal proceedings. Legal analysis demonstrates that this is possible and likely.[1][2] The European Union is considering a case to grant a specific legal status for robots.[3]

Theoretical work is equating intelligent agents and robots with algorithmic entities,[4] and connecting them with global catastrophic risks associated with artificial intelligence[5] [6][4]

Algorithmic entities can satisfy the requirements of juridical personhood. Shawn Bayern demonstrated several ways of how algorithmic/autonomous systems could possess private-law rights of legal persons by means of limited liability companies (LLCs).[7][8]

Prof. LoPucki's paper on Algorithmic Entities (reference 1 here) has jumped to the number one spot on SSRN[9][10] in February 2018.

Professor Shawn Bayern displayed that any person can bestow legal personhood on an autonomous computer algorithm simply by allowing it to be the sole controller of an LLC.[11] By doing this, the algorithm can perform the rights of the LLC, which simultaneously makes them the rights of the algorithm. This then leads to the algorithmic entity having multiple more rights, such as "rights to privacy, to own property, to enter into contracts, to be represented by counsel, to be free from unreasonable search and seizure, to equal protection of the laws, to speak freely, and to spend money on political campaigns."[12] Bayern then went on to suggest that once an algorithm has these rights, the entity then also has the rights to bestow similar rights onto other algorithmic entities.

References

  1. Lopucki, Lynn (January 2018). "Algorithmic Entities". Washington University Law Review. 95 (4): 887–953.
  2. Lynn M. LoPucki, Algorithmic Entities, 95 Wash. U. L. Rev. 887 (2018).
  3. https://slate.com/technology/2018/04/the-eu-is-trying-to-decide-whether-to-grant-robots-personhood.html
  4. Svozil, K. (2000). Quantum interfaces. arXiv preprint quant-ph/0001064
  5. Turchin, A., & Denkenberger, D. (2018). Classification of global catastrophic risks connected with artificial intelligence. AI & SOCIETY, 1-17
  6. Osoba, O. A., & Welser IV, W. (2017). The Risks of Artificial Intelligence to Security and the Future of Work
  7. Bayern, Shawn, The Implications of Modern Business-Entity Law for the Regulation of Autonomous Systems. 19 Stanford Technology Law Review 93 (2015); FSU College of Law, Public Law Research Paper No. 797; FSU College of Law, Law, Business & Economics Paper No. 797. Available at SSRN: https://ssrn.com/abstract=2758222
  8. Bayern, Shawn, Of Bitcoins, Independently Wealthy Software, and the Zero-Member LLC. 108 Nw. U.L. Rev. 1485 (2014); 108 Nw. U. L. Rev. Online 257 (2014); FSU College of Law, Public Law Research Paper No. 675. Available at SSRN: https://ssrn.com/abstract=2366197
  9. https://www.law.ucla.edu/news-and-events/in-the-news/2018/02/fear-of-bot-controlled-corporations-causes-professors-paper-to-jump-to-number-one/ Fear of Bot-Controlled Corporations Causes Professor’s Paper to Jump to #1
  10. http://ssrnblog.com/2018/02/26/weekly-top-5-papers-february-23-2018/


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