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4 Akron Intell. Prop. J. 171 (2010)
The Criminal Liability of Artificial Intelligence Entities - From Science Fiction to Legal Social Control

handle is hein.journals/akrintel4 and id is 175 raw text is: THE CRIMINAL LIABILITY OF ARTIFICIAL INTELLIGENCE ENTITIES-FROM SCIENCE FICTION TO LEGAL SOCIAL CONTROL Gabriel Hallevy* I. Introduction: The Legal Problem ...................................... 171 II. What Is an Artificial Intelligence Entity? - Machina Sapiens - A Thinking Machine or a Thinking M achine ............................................................................. 175 III. Three Models of the Criminal Liability of Artificial Intelligence Entities ........................................................... 177 A. The Relevant General Requirements for the Imposition of Criminal Liability ................................. 177 B. The Perpetration-via-Another Liability Model: Artificial Intelligence Entities as Innocent Agents ..... 179 C. The Natural-Probable-Consequence Liability Model: Foreseeable Offenses Committed by Artificial Intelligence Entities ..................................... 181 D. The Direct Liability Model: Artificial Intelligence Entities as Being Tantamount to Human Offenders... 186 E. Coordination of the Three Liability Models ............... 193 IV. General Punishment Adjustment Considerations .............. 194 V . C onclusion ......................................................................... 199 I. INTRODUCTION: THE LEGAL PROBLEM Can thinking machines be subject to criminal law? In 1981, a 37- year-old Japanese employee of a motorcycle factory was killed by an * Associate Professor, Faculty of Law, Ono Academic College. For fruitful comments, discussions, and the staunch support, I thank Professor Dudi Schwartz, Dean of the Faculty of Law and Vice Chairman. I thank Scott Gamick for the excellent review of the article. For an excellent editing, I thank the editorial board members of this volume.

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