If a person purchases a driverless car for their own use and properly maintains it, it would be unfair to fault them for any accidents when the vehicle is supposed to independently drive itself…Madeline Roe – (2019) 60 Boston College Law Review 315, 343.

Driverless cars…appear to be the way of the future. They can create efficiency, change people’s quality of life, and foster positive impacts on the environment- Ibid, 347

I would be among the first to admit that the content of this week’s column is unlikely to resonate with a majority of readers. But it cannot always be a matter of discussing ever-revolving parochial concerns while the rest of civilization forges ahead with developments to transform existence as we now know it.

There is no doubt that we live today in a “smart” world. I am reminded of this weekly at every tutorial when the discussion of a question is preceded not by a rustling of papers as it was in my days as a student, but rather by the un-pocketing or un-bagging of smart phones by the students to get on the University’s E-learning interface so as to access the relevant materials. The situation is further compounded by a Faculty policy of “paperlessness” so that no printed materials are distributed as before.

The smart phone itself is but a small drop in the ocean of current artificial intelligence however. Artificial intelligence, the ability of a machine to think, learn and perform tasks ordinarily related to human action, has expanded over the years to include robots that perform the most highly skilled tasks, driverless cars, security surveillance, and personal assistants such as Siri, Google Now, and Alexa, to name a few. Indeed, there are not many facets of life in which artificial intelligence might not be of beneficial use, be it in agriculture, banking, energy or the E-tail industry.

The increasing ubiquity of AI systems means that there is a greater likelihood of interaction with human beings. This raises issues of the legal, moral and ethical responsibility if this interaction should result in some harm being suffered by the human being. This immediately invokes a consideration of whether these systems should be treated as being endowed with a legal or other personality so as to be held responsible for such outcomes.

Two areas in which this issue comes readily to mind are those of autonomous driverless cars and surgical robots where serious physical injury or even death may be a consequence. I should disclose that my interest in this area was piqued by the research proposal of one-third year student for her independent research paper. As supervisor of that paper, I have been keen in recent weeks to familiarize myself with the existing literature in the area.

One study that has proved to be most usefully informative in this context is an article in the 2019 Boston College of Law Journal by Professor Madeline Roe of the Boston College Law School, entitled Who’s Driving That Car?: An Analysis of the Regulatory and Potential Liability Frameworks for Driverless Cars. In this piece, Professor Roe attempts to explore possible frameworks of liability for driverless cars and argues for the further regulation of these vehicles. Her hypothesis is that liability for accidents will most likely shift from the driver to the manufacturer.

Of course, these are not live issues in Barbados as yet and, given our traditional unduly conservative approach to novelty, I am not certain that they will be anytime soon either. Just look at our hostile attitude to the smart phone where we were content to highlight the ways in which it might be misused rather than its patent utility in order to justify its official prohibition in classrooms. I may be deemed an eternal pessimist, but the idea of Barbadians readily embracing autonomous driverless cars (those remotely controlled only) does not come easily to my imagination.

In her article referred to above, Professor Roe uses some court decisions on assessing the liability for the use of surgical robots as analogies for determining that for accidents caused by driverless cars. In one such case, a doctor performed a robotic prostatectomy on the claimant whose body mass index vastly exceeded that recommended for this type of surgery, with the immediate consequence of serious complications for the claimant.

The surgeon then converted the procedure to open surgery and completed it without the surgical robot. However, the claimant thereafter had a poor quality of life and eventually passed away. The manufacturer of the robot was eventually determined by the Supreme Court of Washington to be responsible for the death on the basis of product liability for its failure to warn the hospital and doctor about the risks of using what was considered to be an “unavoidably unsafe” product. In product liability cases, a manufacturer will be held strictly liable for the design or creation of a product that is deemed to be inherently unsafe when used in the manner intended.

In another case, the Kentucky Court of Appeals held a surgeon and the hospital liable to the claimant for a botched surgical robot procedure. This was on the basis of negligence or a failure by the defendant to achieve the required standard of care. Here, the court emphasized the necessity for expert testimony to assist the unschooled jury as to the required standard of medical care in the circumstances.

From this jurisprudence, the article proceeds to contrast the surgeon with extensive medical knowledge using a robot with the more general public use of driverless cars where the sole preconditions to operate them are being above a certain age and the acquisition of a licence. Yet the car is supposed to do the entirety of driving on its own. Should a licence then be required at al for the use of a driverless car? What if an emergency should arise?

The author notes that by allowing manufacturers to test-drive cars without people inside lays the foundation for not requiring a licence to be in such cars and concludes that the legislature “will have to weigh the utility of transporting people who are able to drive by themselves with the safety concern of the driverless car malfunctioning, [thereby]forcing the passenger to take the wheel”.

Another distinction between the two scenarios is that there are potentially two clear causes of human error with injury caused by a surgical robot; either that of the doctor, who makes an error during the operation by the robot (medical negligence) or that of the engineer, where the robot malfunctions (product liability). With the driverless car, who is at fault if it faces a problem that its programming does not account for? In negligence, an actor is liable for reasonably foreseeable consequences only, so clearly there would be no liability in the event of an unforeseeable event. Should a strict liability [no fault] standard be applied then? And would such a policy not lead to defensive engineering or, possibly, stasis?

Professor Roe also notes the variable of speed in the comparison. A road accident takes a few seconds only to occur and there would be little time, if any to correct mistakes made by the car, unlike during robot-assisted surgery. In conclusion, she notes the response of a new California regulation that permits the testing of driverless cars without passengers so long as they follow a series of stipulated rules relating to disengagement of the autonomous mode and the prompt reporting of nay accidents.

 

116 responses to “The Jeff Cumberbatch Column – The legal Profile of Artificial Intelligence”


  1. The court room is theatre. It is not about innocence or guilt. We have lawyers in Barbados qualified in the 1960s and 70s most of whom have not entered a classroom since then. We live in a culture that deifies lawyers for all the historical reasons I have said. When last did a Barbadian lawyer, based in Barbados, write a book on the law, or even a serious essay on the subject?
    I respect anyone who takes time out to study, but to exaggerate that degree of study is silly. A graduate in the UK in any discipline can do a nine-month conversion course and be well on the way to being a lawyer. And, those nine month are not spent introducing the new student to the theory of law, it is about the institution and how it functions.
    I think Jeff puts his head above the parapet and should be congratulated for that. In fact, I think he should have been made a QC ages ago. In the UK he would have been. But there is a long way from that and some person getting up in the court in his robe and acting like he is in Hollywood.
    But our culture celebrates mediocrity; just look at those in parliament.


  2. @Hants

    Jeff seems to be a man with a more sedate taste.

  3. Jeff Cumberbatch Avatar

    Ignore those with agendas,……:-)

    Sound advice, David. I will follow it


  4. Jeff

    There was no weapon in the traditional sense. No determinable motive. Although there might have been an electronic fingerprint it could have been circuitously routed. If these elements are absent, was this man really murdered although an electronic investigation by the motor company suggested external capture of the control systems.

    Is there enough to say that this man was murdered, in the usual meaning? Can the regular law really cover this?


  5. @ David,

    I was just trying to provide an ” interlude ” . Too besides it is possible that Jeff might appreciate exceptional ” Soca “.

    As an aside lol , I am ramping up my guitar skills for a possible ” performance ” at Vision 2020 We Gatherin “


  6. @Hants

    In a world speeding on an AI tack sound can be synthesized, no need for a CANBajan. Do not expect a call from Jong anytime soon.


  7. Hal Austin February 24, 2019 3:25 PM
    You need to understand that you must ALWAYS agree with certain folk on this forum, especially those referred to as LUMENaries! LOL

    You need to understand that such folk are always right? and they never have an agenda.
    They will make Jesus, himself look like a mere acolyte.

    They can come here and nothing they must be questioned, but yet they can call scholars like Dr Lucas ignorant.

    Bare mock sport in the rum shop!


  8. Maybe they will spell out what that agenda is. Or, maybe they will have the last word – whatever that means.


  9. watch this Mr Austin

    IF A LAWYER EVER ASKS YOU IF YOU ARE A GENIUS. ANSWER YES!

    Unfortunately, that is not a matter for you or the lawyer to determine.It is a question for the judge who is trained in….?

    TELL ME HOW CAN A MAN UNTRAINED IN THE SCIENCE OF PSYCHOANALYSIS WITH JUST A TEMPORARY GLASS FROM HIS PERCH DETERMINE IF SOME ONE IS A GENIUS OR NOT

    IS IT NOT TRUE THAT HIGHLY PAID SCIENTISTS ARE PAID TO GIVE EVIDENCE ON SUCH MATTERS AND NOT LUMENaries?

    IS IT NOT TRUE THAT HIGHLY PAID SCIENTISTS ARE PAID TO DETERMINE IN COURTS IF A WITNESS OR ANY ONE ELSE IS A GENIUS.

    Bare mock sport in the rum shop, MAN! BARE MOCK SPORT


  10. @ David,

    “Prime Minister Mia Amor Mottley has urged Barbadians living across the world to come home for 2020.

    Ms. Mottley made the appeal tonight at the launch of We Gatherin’ Barbados 2020 in Parliament’s Courtyard before a large crowd, including those “watch parties” of Barbadians and friends in Geneva, New York, Beijing, Canada, Washington and Australia.”

    DOES THAT NOT INCLUDE BAJANS LIKE ME ?


  11. @Hants

    Of course, just you. Not the guitar.

  12. Jeff Cumberbatch Avatar

    Is there enough to say that this man was murdered, in the usual meaning? Can the regular law really cover this?

    @ Pacha, “Regular law” as you put it, classifies murder as a homicide. Once you have a dead body,,the law will require evidence beyond reasonable doubt as to how that death was caused and will convict the accused if on such evidence he possessed the necessary mens rea at the time he committed the act that caused death. Your hypothesis suggests that these points may be difficult to establish; in such case, a charge of murder or, indeed, homicide could not be upheld against the accused.

  13. Jeff Cumberbatch Avatar

    Too besides it is possible that Jeff might appreciate exceptional ” Soca “.

    @ Hants, Danke… I have from my earliest days up till now! All kinds!


  14. Can a judge tell the difference between an expert witness and a genius? The court room is theatre.


  15. So i properly maintain my artifical intelligent car but during the driving process the car rans a red light and killed the occupant of an up coming vehiclev
    I being the owner would it be practical for the Court to released me of any damages done to the other vehicle or persons killed in the damaged car
    Paying attention to what Madeline Roe stated
    I noticed she did not go all the way in not holding the driver of the artificial car accountable in the accident since she purpose to say. ” properly maintained” vechicle by owner

  16. Jeff Cumberbatch Avatar

    A driverless car that malfunctions by not stopping at a red light is a negligently designed product by the manufacturer.


  17. Georgie Porgie

    The big misconception in acedemic education … if a subject matter is difficult such as physics or Neuroscience it is is deep …

  18. Vincent Codrington Avatar
    Vincent Codrington

    @ Lexicon at 7:45 PM

    None is difficult.One has to like the subject, and one needs to have the confidence not to be side tracked by naysayers. As GP pointed out one learns the basic rules by rote and it is logic and observation there after.


  19. RE As GP pointed out one learns the basic rules by rote and it is logic and observation there after.
    I THINK THAT WAS JOHN WHO SAID THAT. APPLIES FOR PHYSICS & , PHYSICAL CHEMISTRY, WHERE IF YOU ARE A MATHEMATICIAN, THAT HELPS. IF YOU ARE NOT A MATHEMATICIAN. YOU ARE IN DEEP DO DOO

    FOR THE OTHER BRANCHES OF CHEMISTRY, ONE SHOULD INVEST TIME IN MASTERING BONDING FOR INORGANIC, AND THE FACT THAT ESSENTIALLY THERE ARE ONLY 5 TYPES OF MECHANISMS IN ORGANIC CHEMISTRY.

    BUT YOU CANT SAY THAT NO SUBJECT IS DIFFICULT, CAUSE THAT IS NOT REALLY TRUE

    THERE ARE SUBJECTS I CALL “BRIMBLE SUBJECTS” YOU GET THE GIST OF THE CONCEPT AND YOU CAN BRIMBLE THROUGH

    IN MOST SCIENCE SUBJECTS THERE IS NO WAFFLING ROOM. P1 VI/T1 =P2 VA/T2. YOU CANT CHANGE THAT

    IN 2004 I WAS TEACHING IN CURACAO AND THE PATHOLOGIST ASKED ME TO TEACH THE PATHOLOGY OF THE URINARY TRACT

    IT STARTED OF EASY, URETERS, URETHRA ALL OLD SCHOOL BUT THEN WHEN IT GONE TO DISEASES OF THE GLOMERULI THAT WAS LIKE A LATIN UNSEEN—-WITH ALL THE MODERN INFORMATION AND TESTS ON THE IMMUNOLOGICAL COMPLEXES — EVEN KNOWING THE HISTOLOGY IT WAS A SLUG FEST.

    LATER HE ASKED ME TO HELP WITH MALE GENITALIA.
    PENIS PROSTATE ETC……..EASY
    BUT TESTICULAR TUMORS? ANOTHER STORY…….ALSO OVARIES.

    NEUROSCIENCE NOT EASY EITHER.


  20. Sledging is in the news and I guess it’s ok to sledge the study of a particular discipline it’s another subset of Art vs Science argument but don’t we need both?


  21. https://www.facebook.com/centralbankbarbados/videos/307981673239844/

    Skills, not subjects, should be the focus of education systems in the region, says ECCB Governor, Timothy Antoine.


  22. The following posted to another blog by Green Monkey.

    The Crisis of Science

    “In recent years, the public has gradually discovered that there is a crisis in science. But what is the problem? And how bad is it, really? Today on The Corbett Report we shine a spotlight on the series of interrelated crises that are exposing the way institutional science is practiced today, and what it means for an increasingly science-dependent society.”

    https://youtu.be/LfHEuWaPh9Q

  23. NorthernObserver Avatar

    “I may be deemed an eternal pessimist, but the idea of Barbadians readily embracing autonomous driverless cars (those remotely controlled only) does not come easily to my imagination.”

    One of the larger areas of initial interest has been in driverless trucks and buses versus cars. Greed says, if we can save the cost of the driver, there is value.


  24. Jeff

    “The law will require evidence beyond a reasonable doubt as to how that murder was caused and will convict the accused if on such evidence he or she possessed the mens rea at the time he or she committed the act that caused the death”

    Not necessarily… Jeff in a Crime of Passion, manslaughter, or second degree murder one does not have to possessed the mens rea in order to be convicted of such crime ….

    And noted that the mens rea is formed before or during the Commission of a crime…


  25. Jeff

    If a man comes home and fines a man in his bed with his wife and kills him in the heat of the moment or out of share emotional impulse … he still can be convicted of a lesser offence than murder though there were no mens rea in such act…


  26. Jeff

    And finally, you still come be convicted of vehicular homicide in the case of drunk driving devoid of the mens rea …


  27. Can be convicted sorry…


  28. From Jeff Cumberbatch’s column above:
    “Just look at our hostile attitude to the smart phone where we were content to highlight the ways in which it might be misused rather than its patent utility in order to justify its official prohibition in classrooms.”

    Interesting that some Silicon Valley’s entrepreneurs and execs (including apparently Bill Gates and the late Steve Jobs) are very careful to take steps to minimize the screen time of their own children including intentionally sending them to “low tech” schools.

    Toddlers and Screens: More Than 1 Hour a Day Can Cause Developmental Delays and Have Lasting Effects on Attention, Language, Memory, Social and Motor Skills

    For many years now, Silicon Valley parents (aka tech inventors) have been sending their kids to “low tech schools” and limiting their use of technology at home. Within the last few months, they’ve been reportedly taking more desperate measures to shield their kids from screens– even spying on their nannies.

    Regardless, it’s not illegal for businesses to create software, programs, and technology specifically for American kids or to advertise these products to them – including Sesame Street – even though this has been illegal in other countries for a while now.

    It’s ultimately up to parents to determine how much longer they will allow businesses and schools to encourage kids’ excessive use of screens and technology not only for recreational purposes – but for their education as well.

    More:
    https://www.activistpost.com/2019/01/toddlers-and-screens-more-than-1-hour-a-day-can-cause-developmental-delays-and-have-lasting-effects-on-attention-language-memory-social-and-motor-skills.html

    And by many developed countries’ current standards the French seem to take to take to extremes the precautionary pinciple (a concept in science that is largely ignored these days when it comes to evaluating profitability vs risk)

    C’est Bon! Since 2009, France Has Been Proactive in Protecting Kids From Cell Phone Radiation. Now They Have Banned Student Smartphone Use in Schools.

    The Telecom Industry (“Big Wireless”) has never said cell phones are safe. Cell phone manufacturers have been warning shareholders that they may eventually be held liable for the harm their products have caused. No one wants to insure them anymore.

    For many years already, France has been very proactive about protecting children from harm caused by radiation exposure to mobile phones (cell and cordless).

    In 2009, they passed this legislation:

    All advertising of the devices to children under 12 is to be prohibited under the legislation – announced by the Environment Minister, Jean-Louis Borloo, last week – and he will also take powers to ban the sale of any phone designed to be used by those under six.
    Even though in 2010 France originally banned cell phone use “during all teacher activity,” this new ban requires students ages 3 to 15 leave their phones at home or keep them turned off during the school day. The ban also extends to tablets, computers, and other Internet-connected devices. Teachers may choose whether they want to enforce the ban with older students.

    More
    Activistpost (DOT) com/2018/08/cest-bon-since-2009-france-has-been-proactive-in-protecting-kids-from-cell-phone-radiation-now-they-have-banned-student-smartphone-use-in-schools.html


  29. Greenmonkey

    Some schools in America do not have advise students not to bring their cell phones to school …. the schools just block the use of such phones …

    And most hospitals do not have to advise visitors and patients of the dangers of cell phones use with respect to the interference with the medical equipment … they just block such use …


  30. @Lexicon

    If the husband fines the man why would he kill him?


  31. David

    If you came home from a hard Day’s and find a man in your bed with your wife you would say to him how was it? Come now… many men have gone to their graves for making such a senseless miscalculation…

    David, have you forgotten OJ Simpleson and Ron Goldman; and the police officer in Barbados whose husband stabbed to death?


  32. David

    And in Proverbs 6:34 is tell us that:”For jealousy enrages a husband and he will not spare in the day of vengeance.”


  33. @lexicon

    You missed the point, moving along.


  34. David

    You are talking about the missed of the word fines …come on man you get the general idea …


  35. @Lexicon

    It was obviously a poor attempt at humour.


  36. DAVID

    DO YOU REALLY EXPECT THAT DYSFUNCTIONAL DUMMY TO GRASP AN INTENDED PUN?

    WHAT HAS BECOME OF THE BIGGEST BRASS BOWL AND BULLSHITTER CALLED BUSH SHIT TO APPEAR ON BU? IS HE ON THE WAY TO MEET HIS DEAR OLD DADDY -LUCIFER AKA SATAN?


  37. Bush Tea appears to be on a sabbatical. Why do you want to pull the lions tail Sir?


  38. LION’S TAIL SHITE!

    AN ASS IS AN ASS NOT A LION!

    WHEN HAS EVER AN ASS BEEN A LION?

    THE MAN COMES HERE AND CUSSES ME LEFT AND RIGHT OVER THE YEARS AND HE KNOWS NOTHING ABOUT ME. AND EVERYTHING HE SAYS ABOUT ME IS FALSE…………..AND YOU HAVE ALLOWED IT! AND JOINED WITH HIM IN THE ATTEMPT TO MOCK ME!

    LION’S TALE MY ASS

    LOOK HOW WELL THE DISCUSSIONS ARE GOING WITHOUT HIM

    IF HE IS SUCH A LION WHY DOES HE NOT GO AND HELP MIA MUTTLEY TO SAVE BIM’S ASS.

  39. Vincent Codrington Avatar
    Vincent Codrington

    @ David BU

    I was thinking that “killing”was the cryptocurrency in which the fine was paid.

  40. NorthernObserver Avatar

    On the topic of crypto, I haven’t seen anybody reference Quadriga.
    Quadriga was essentially a “wallet”, a holder of crypto. The young owner died suddenly when on his honeymoon in India, and he had all the passwords to access Quadriga in his head, and nobody has been able to crack his encrypted platform wallet. Many millions weigh in the balance.


  41. @NO

    Read the story, incredulous it was.

    @GP

    Many engage in banter on BU, some of you take it to an unnecessary level. Say what you want Bush Tea likes to rubble with you.

    @Vincent

    You need to stop!


  42. RE Many engage in banter on BU, some of you take it to an unnecessary level. Say what you want Bush Tea likes to rubble with you.

    I DONT BANTER ABOUT MY SCHOLARSHIP AND KNOWLEDGE
    SUCH BANTERING IS UNNECESSARY
    I REALLY DO NOT WANT TO BANTER WITH BULLSHIT, OR ANY OF HIS ILK!

    I DONT COME ON BU TO BANTER WITH FOOLS!

    ONLY A FOOL OR A LIAR COMES IN A PUBLIC FORUM AND DECLARES THAT TRUTH IS FICTION, AND DEPRIVE OTHERS FROM LEARNING FROM THE LEARNED!

    I ACTUALLY, HOWEVER, SINCERELY BELIEVE THAT HE, AND TWO OTHERS WHO POST ON BU ARE ACTUALLY DEVILS, AND SONS OF BELIAL


  43. No he is not, he plays with you.


  44. Georgie Porgie

    For a mock doctor it doesn’t take much to get you unglued … because you are an ignorant hot tempered egotistical nincompoop


  45. @Lexicon

    Relax!


  46. David

    I realized my mistake and thought it best not to respond ….


  47. Georgie Porgie

    Talks about boasting about one’s academic achievements, but yet he is arrogant enough to make mentioned of his scholarship … what a conceited fart…


  48. WHEN A FOOL AND LIAR COMES IN A PUBLIC FORUM AND DECLARES THAT TRUTH IS FICTION, AND DEPRIVE OTHERS FROM LEARNING FROM THE LEARNED THAT IS NOT BANTER OR PLAYING!

    THERE IS SO MUCH I HAVE COMING TO ME DAILY THAT I CAN SHARE ON BU, WHICH I REFUSE TO SHARE BECAUSE OF HIS SHIT AND THE IDIOCY OF SCUM LIKE HE AND DPD.

    AND I DONT WANT NASTY OLD MEN TO PLAY WITH ME. I LIKE WOMEN
    LET HIM PLAY WITH THOSE OF HIS ILK AS I SAID BEFORE.

    LET ME CHOSE WHO I WANT TO PLAY WITH.
    LET HIM GO AND PLAY WITH HIMSELF.

    WHEN HE TOLD ME TO GET BEHIND HIM WHAT WAS HE PLAYING AT? WAS THAT BANTER TOO?

    IT IS WRITTEN IN 1 Corinthians 13:11 AS WE LEARNED IN PRIMARY SCHOOL .

    When I was a child, I spake as a child, I understood as a child, I thought as a child: but when I became a man, I put away childish things.

    AND WITH OUT ADDING TO THE WORD I put away childish things. AND BECAME SERIOUS!
    I DO NOT COME HERE TO PLAY! I COME TO LEARN….OR TEACH! NOT ASSOCIATE WITH DEVILS AND MORONS


  49. William Skinner February 24, 2019 2:47 PM

    David

    I remain just as baffled by the intense interest in Trump and May

    Political discussion has been hijacked by the pathetic BLPDLP party hacks and apologists.

    Britain is our former colonial master. Many of us were born there and also have family there. The US of A has been the biggest influence on Barbados since Britain. Many of us have family there. You have the world’s former super power and the world’s current super powers both in total chaos. You have the world order disintegrating and alliances being strained to the limits.

    And you wonder why the fascination?

    Could you take your eyes off a high speed train derailing about to happen and return them to a toy train falling off a toy track????????

    It is hard but we attempt to do it because it is our toy train and our toy track. But remember, the high speed train, though far way can blow our toy train further off track.


  50. WHY BE BAFFLED?

    ALL OF WHAT IS HAPPENING TO DAY WAS PREDICTED LONG LONG AGO

    You have the world order disintegrating and alliances being strained to the limits

    EXACTLY AS PREDICTED! ALL ESCHATOLOGISTS ARE REJOICING AS THE PROPHETIC SCRIPTURES PLAY OUT BEFORE OUR VERY EYES!

    NEXT ACT IN THE PLAY IS THE RISE OF ANTICHRIST OUT OF THE REVIVED ROMAN EMPIRE TO LEAD THE ONE WORLD GOVERNMENT THAT MANY STUPIDLY SEEK.

    GUESS WHAT IS GOING TO HAPPEN FIRST?

The blogmaster invites you to join the discussion.

Trending

Discover more from Barbados Underground

Subscribe now to keep reading and get access to the full archive.

Continue reading