On Fiduciary Relationship with Artificial Intelligence Systems
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On Fiduciary Relationship with Artificial Intelligence Systems Aleksei Gudkov1
© Springer Nature B.V. 2020
Abstract This article aims to address the theoretical and practical issues of fiduciary relationship with artificial intelligence systems. The findings point out that human can establish conditional fiduciary relationships with autonomous artificial intelligence systems by unilateral recognition, or authorization by consent. Artificial intelligence systems can have a social personality when authorized by humans. Although AI cannot sue and be sued without recognition of a legal personality. This paper provides an original contribution to the existing knowledge on the nature of self-learning machines and international regulation of autonomous artificial intelligence systems. Keywords Artificial Intelligence · Fiduciary · Autonomous · Agent · Liability · Person · AI
Introduction The development of artificial intelligence systems (“AI”) raises a question about the regulatory approach to AI. Technological developments in this area have created complex new issues that need to be addressed by regulators and other policymakers (Corrales et al. 2018). Economic rationality can force humans to effectuate actions by AI and give legal validity to the operations of AI. In spite of broad discussions about personhood, sanity, and the liability of AI, the process of adopting regulation of AI systems continues to be stalled. Interactions with intelligent inanimate objects should have an appropriate framework.
The article was prepared within the framework of the Basic Research Program at the National Research University Higher School of Economics (HSE) and supported within the framework of a subsidy by the Russian Academic Excellence Project ‘5–100’. * Aleksei Gudkov [email protected] http://www.linkedin.com/in/agudkov 1
National Research University Higher School of Economics, Moscow, Russia
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A. Gudkov
The purpose of this paper is to discuss possible paths to integrate AI in the social and commercial activities of humans, by determining the social and economic roles of AI through a fiduciary relationship. It is assumed that in the absence of AI being recognised as a person by law, the fiduciary relationship with AI can be established. The acceptance of a fiduciary relationship with AI would shift the recognition of AI personhood in social life and business practice to a private level. The research helps to anticipate and discuss problems faced by humans in their potential interactions with AI. In chapter one, the features of AI such as its will, complexity, autonomy, personality and intentions are discussed in this paper. The characteristics and specific traits of AI are reviewed. These help the reader to realise the possibility of a relationship with AI, especially a fiduciary relationship. In chapter two, the fiduciary relationship with AI is discussed. The main question is whether a fiduciary relationship with AI can exist. Should we consider AI with autonomous activity to be an entrusted pers
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