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96 Tex. L. Rev. 181 (2017-2018)
The Foreseeability of Human - Artificial Intelligence Interactions

handle is hein.journals/tlr96 and id is 191 raw text is: 







The   Foreseeability of Human-Artificial Intelligence
Interactions*



Consider the following hypotheticals:
     (1) A hospital uses artificial intelligence software to analyze a patient's
         medical history and make a determination as to whether he or she
         needs  surgery. One   day,  the artificial intelligence software
         incorrectly diagnoses a patient and recommends  an  unnecessary
         surgery. In preparation for the surgery, an anesthesiologist applies
         an incorrect dosage of the surgical anesthetic and kills the patient.
     (2) An investment firm uses artificial intelligence software to identify
         promising stocks for investment. Without any further research, an
         investment  banker negligently  recommends   stocks  off of the
         software's prepared list. Those stocks go bust, costing their new
         owners thousands of dollars.
     (3) A vehicle with  autonomous-driving  software is cruising down a
         two-lane road. The lane to its right is filled with cars driving in the
         same  direction. A  human   driver is in  oncoming   traffic and
         recognizes the autonomous car as being from a notable autonomous
         car brand. The  human  driver decides it would  be fun to play
         chicken with the car to see how it will react. The human driver
         proceeds to swerve  into the autonomous  vehicle's lane and the
         autonomous  vehicle, thinking it best to avoid a head-on collision
         and not realizing the human driver won't hit it, swerves into the right
         lane, triggering a collision with an innocent third-party car.
     (4) A  delivery drone, piloted with autonomous-piloting software, is
         en route to deliver a package. On its way, it passes the home of a
         paranoid man who  is very concerned with his privacy. He proceeds
         to take a baseball, and with an impressive throw, knocks the drone
         out of the sky. The drone crashes down and hits a child playing in a
         nearby park.
     (5) A company   selling artificial intelligence software sells its product
         to a racist. The racist proceeds to install the software onto a robot
         butler, and the robot butler proceeds to learn and develop under the
         teachings of its owner. One  day, a black UPS  driver delivers a
         package to the front door. The now-racist robot answers the door
         and upon  seeing the black UPS driver, thinks, The only reason a

* Thank you to Professors Derek Jinks, Kay Firth-Butterfield, and David W. Robertson. Thank you
to Shannon Smith. Thank you to my mother, father, and sister. And lastly, thank you to Brittany,
Andrew, and the entire Texas Law Review.

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