Liability Model Research Articles

Criminal Responsibility of Artificial Intelligence Committing Deepfake Crimes in Indonesia

The development of technology that continues to evolve has given birth to an innovation called artificial intelligence or artificial intelligence which is usually called "AI". The development of AI has sparked an algorithm called deepfake technology. Deepfakes use machine learning and neural network technology, which are methods in AI that teach computers to process data in a way inspired by the human brain. This study aims to determine the regulation of AI as perpetrators of deepfake crimes and to determine the criminal responsibility of AI who commit criminal acts in Indonesia. The research method used is normative legal research using a statutory approach (statue approach), conceptual approach (conceptual approach), and comparative approach (comparative approach). AI is classified as an electronic system and electronic agent which when viewed to the characteristics of AI that has a match with the definition of electronic systems and electronic agents. If AI commits deepfake crimes, it can violate several articles in Law No. 19 of 2016 concerning Electronic Information and Transactions. In California, legislation has been passed to address deepfakes related to pornography, fraud, and defamation: Calif AB-602 and Calif AB-730. There are three AI criminal liability models that commit criminal acts, namely Perpetration-via another model (PVM), Natural-Probable-Consequence Liability Model (NPCLM), and Direct Liability Model (DLM). In Indonesia, AI has not been recognized as a legal subject so that if you commit a criminal act, the person who must be responsible is the creator of AI or AI users

Reformulation and Realization of Unit Crime Liability Theory from the Viewpoint of Corporate Compliance

Lanzhou Nestle Company is exempted from the criminal responsibility on the grounds of fulfilling the compliance management obligations, but this is not the result of the corporate compliance effect on the identification of unit crime, and should return to the basic theory of unit crime liability theory, in order to clarify the specific path of corporate compliance to prevent the identification of unit crime. Unit crime lies in the essence of compliance responsibility, the objective central liability model in organizational responsibility theory is based on the objective aspect to infer the subjective aspect of the overall organization, and makes a comprehensive evaluation which both conforms to the subjective and objective unifies basic principles of criminal law, also provides concrete and clear solutions for practice. The will of corporate should be divided into direct intention and indirect intention. Corporate compliance has the effect of presuming that the unit does not have the will to indulge criminal behavior, that is, corporate compliance obstructs indirect intention. Based on this, the separation of unit responsibility and natural person responsibility is achieved. According to the basic principles of organizational responsibility and natural person responsibility, corresponding situations should be classified and defined separately. Post compliance can achieve the prosecution of natural persons without prosecuting the unit, and natural persons’ criminal responsibility should be reduced.

OPPORTUNITIES FOR IMPLEMENTING THE PRINCIPLE OF STRICT LIABILITY AS A BASIS FOR CORPORATE CRIMINAL RESPONSIBILITY IN ENVIRONMENTAL OFFENSES

Implicitly, the provisions in the Environmental Protection and Management Law (henceforth UUPPLH- Undang-Undang tentang Perlindungan dan Pengelolaan Lingkungan Hidup) regarding the principle of strict liability, as stated in Article 88 and its explanation, only regulate strict liability as a civil responsibility. The UUPPLH does not provide provisions on whether the principle of strict liability can be applied as a model for criminal liability, particularly for legal entities or corporations recognized as legal subjects in criminal law (rechtperson). This research aims to analyze and examine the implementation of the principle of strict liability in the UUPPLH and to analyze that violations of environmental offenses under the UUPPLH by corporate legal subjects can be subjected to strict liability as criminal responsibility. The criminal responsibility adopted by Law Number 32 of 2009 concerning Environmental Protection and Management still adheres to the principle of fault. Therefore, in applying the strict liability principle in court, it is only used for civil claims, and its use in criminal law enforcement is minimal, as evidenced by several court decisions. In conventional criminal law, criminal liability is based on fault, commonly known as the principle of no punishment without fault (geen straf zonder schuld). However, the principle of strict liability, as liability without fault, is also recognized as a fundamental principle in criminal responsibility.

What Components of Working Memory Are Impaired in Children with Reading and/or Mathematics Difficulties?

Both reading difficulties (RD) and mathematics difficulties (MD) are common neurodevelopmental disorders. The co-occurrence of RD and MD, known as comorbid RDMD, is estimated to range between 21% and 45% of children with learning disabilities. Deficits in working memory have been reported in both RD and MD groups, as well as among comorbid RDMD. However, previous comorbidity studies have only examined the role of some components of working memory, and they do not strictly match their groups on relevant reading and mathematics tasks. Thus, the purpose of this study is to examine the nature of working memory deficits in comorbid RDMD after matching groups based on reading and mathematics tasks. We assessed four groups of children (RD [n = 21, Mage = 10.96 years], MD [n = 24, Mage = 11.04 years], comorbid RDMD [n = 26, Mage = 10.90 years], and chronological-age controls [n = 27, Mage = 10.96 years]) on measures of the phonological loop (word span and digit span forward tasks), central executive (complex word and digit span), and updating tasks (word and digit 2-back). The results of ANCOVA (covarying for gender and non-verbal IQ) showed first that the RD and RDMD groups performed significantly worse than the MD and control groups in both measures of the phonological loop. For the central executive and updating tasks, we found an effect based on stimulus type. For word-related tasks, the RD and comorbid RDMD groups performed worse than the MD and control groups, and for number-related tasks, the MD and comorbid RDMD groups performed worse than the RD and control groups. Taken together, our findings provide support for the correlated liability model of comorbidity, which indicates that working memory deficits experienced by the RDMD group are an additive combination of deficits observed in the RD and MD groups, suggesting that working memory tasks used to examine underlying deficits in reading and/or mathematics difficulties may dictate whether or not significant group differences are found.

Public official as a victim of criminal insult and defamation: Comparative Research

The paper analyzes various issues relating to criminal liability for insulting and defaming a public official in several jurisdictions. The objective of this study was to clarify, by comparative reference to the criminal laws of various countries, whether insult and defamation constitute a crime or are perceived as non-criminal conduct. Based on the provisions of criminal legislation and international case law, as well as the case law of the European Court of Human Rights, the fine line between the fundamental principle of freedom of expression and abusive insults (defamation) has been demonstrated. It has been concluded that both public officials and private citizens can be victims of defamation and insult, which can give rise to criminal liability in some states. The specific models of such liability differ significantly. Based on our analysis of legislative and enforcement approaches in various jurisdictions, it is concluded that some countries vigorously protect both public officials and lay citizens from insult and defamation, while other states rely more on the broad principle of “freedom of expression”.

Corporate liability and white-collar crime: Comparative review

The aim of the research was to analyze academic approaches to understanding the legal nature of white-collar crime and what crimes it includes; based on this understanding, the model of corporate criminal liability was investigated to place it in various law enforcement contexts. Throughout the article, appropriate research methods have been used, such as: comparative law method, systemic-structural method, formal-legal method. Based on the results of the detailed comparative analysis, it has been established that there are no unified standards or models for both white-collar crime and corporate criminal liability. Furthermore, it has been argued that the concept of fraud (deception) constitutes the key element of white-collar crime and is also the foundation of most corporate crimes. In the conclusions, it is argued that corporate criminal liability in the United States, and to a lesser extent in some European countries (including Ukraine), is a powerful law enforcement tool capable of protecting society from massive crimes as well as deterring corporations from unlawful deviations.

GENERAL PRINCIPLES OF CORPORATE LIABILITY FOR CORRUPTION

Measures of responsibility for corruption offences adopted by countries originally targeted natural persons. The fact that bribery and other most serious corruption offences are traditionally subject to criminal sanctions has contributed to the focus on individual liability. In many legal systems, one of the fundamental foundations of criminal law has been that for conviction a culpable mental attitude must be concurrent with the proscribed conduct and other material elements of an offenсe. At the same time, the ability of a legal entity to have any mental attitude still raises serious doubts among lawyers. Nevertheless, there are several significant arguments in favour of holding not only natural but also legal persons liable for corruption. Some of these arguments as well as the main models of corporate liability for corruption, the key elements of corruption offences, and the types of sanctions are discussed in this article.

KEY DETERMINANTS OF GLOBAL LEGAL INSTITUTIONS (PHILOSOPHICAL ASPECT)

Abstract. It is confirmed that, in the modern global society, a certain general image of legal institutions has been formed, which, being a "superimposed" model adjusts other existing models to suit it. The “legal institution ”performs its classical function for regulating social relations, enshrined in legal acts of various levels. The aim of this study is the explication of "global legal institutions" in the framework of modern socio-philosophical and philosophical-legal discourse and conceptualization of the key determinants of their development. The key task is to comprehend the phenomenon of global legal institutions and its impact on the modern global legal society. The sociophilosophical and philosophical-legal methodological principles made it possible to reveal the connections of global legal institutions with other phenomena of law, to fix the coherence of the formulated and codified legal norms with the basic ideas and moral goals underlying them. It is proved that the key determinants of global legal institutions are: a reflection of the global system of law in terms of its structure, as well as the logic of its development. Global legal institutions can be formed at the junction of various supranational entities, associations, unions, and alliances as a set of legal norms governing relations within these entities. The conclusions prove that the key determinants of global legal institutions are the legal regulation of norms and protocols due to the presence of many global dissimilar legal systems; the asymmetry of the norms of legal liability, where the theoretical and practical models of legal liability often do not correlate due to the complexity of the design of an integral global legal system.

Genetic and Environmental Contributions of Primary Angle-Closure Glaucoma and Primary Open-Angle Glaucoma: A Nationwide Study in Taiwan

PurposeTo estimate the familial risks of primary angle-closure glaucoma (PACG) and primary open-angle glaucoma (POAG) and assess the relative contributions of environmental and genetic factors to these risks. DesignRetrospective, population-based cohort study. MethodsWe used the 2000-2017 Taiwan National Health Insurance Program database to construct 4,144,508 families for the 2017 population (N=23,373,209). We used the polygenic liability model to estimate glaucoma's heritability and familial transmission. The degree of familial aggregation of glaucoma was obtained from the adjusted relative risk for individuals whose first-degree relatives had glaucoma using Cox's model. ResultsPACG and POAG prevalence rate for individuals whose first-degree relatives had PACG or POAG was 0.95% and 2.40%, higher than those of the general population (0.61% and 0.40%, respectively). The relative risk of PACG in individuals whose first-degree relatives had PACG was 2.44 (95%CI=2.31-2.58). The relative risk of POAG in individuals whose first-degree relatives had POAG was 6.66 (95%CI=6.38-6.94). The estimated contributions to PACG and POAG phenotypic variances were 19.4% and 59.6% for additive genetic variance, 19.1% and 23.2% for common environmental factors shared by family members, and 61.5% and 17.2% for non-shared environmental factors, respectively. ConclusionsThese data highlight the relative importance of genetic contribution to POAG and environmental contribution to PACG. Therefore, future work may need to focus on finding more novel environmental determinants of PACG.

The familial risk and heritability of multiple sclerosis and its onset phenotypes: A case–control study

Background: The two main phenotypes of multiple sclerosis (MS), primary progressive (PPMS) and relapsing Onset (ROMS), show clinical and demographic differences suggesting possible differential risk mechanisms. Understanding the heritable features of these phenotypes could provide aetiological insight. Objectives: To evaluate the magnitude of familial components in PPMS and ROMS and to estimate the heritability of disease phenotypes. Methods: We used data from 25,186 MS patients of Nordic ancestry from the Swedish MS Registry between 1987 and 2019 with known disease phenotype (1593 PPMS and 16,718 ROMS) and 251,881 matched population-based controls and 3,364,646 relatives of cases and controls. Heritability was calculated using threshold–liability models. For familial odds ratios (ORs), logistic regression with robust sandwich estimator was utilized. Results: The OR of MS diagnosis in those with a first-degree family member with ROMS was 7.00 and 8.06 in those with PPMS. The corresponding ORs for having a second-degree family member with ROMS was 2.16 and 2.18 in PPMS. The additive genetic effect in ROMS was 0.54 and 0.22 in PPMS. Conclusion: Risk of MS increases by several folds in those with a relative with MS. The likelihood of developing either disease phenotype appears independent of genetic predisposition.

Comparative Study of the Provisions on Criminal Liability of Legal Entities in the Criminal Laws of Cambodia, Laos and Vietnam

This article presents a comparative study on a number of issues concerning corporate criminal liability in the criminal laws of Cambodia, Laos, and Vietnam such as legal persons that are the subject of offences and the subject of criminal liability; the scope of corporate criminal offences; elements of corporate criminal law; models of corporate criminal liability; punishments. On the basis of comparative research, the article draws some conclusions and proposes several recommendations to improve the provisions on corporate criminal liability in the current Vietnamese criminal law.
 
 
 

Emerging Regulations on Content Moderation and Misinformation Policies of Online Media Platforms: Accommodating the Duty of Care into Intermediary Liability Models

AbstractDisinformation, hate speech and political polarization are evident problems of the growing relevance of information and communication technologies (ICTs) in current societies. To address these issues, decision-makers and regulators worldwide discuss the role of digital platforms in content moderation and in curtailing harmful content produced by third parties. However, intermediary liability rules require a balance that avoids the risks arising from the circulation at scale of harmful content and the risks of censorship if excessive burdens force content providers to adopt a risk-averse posture in content moderation. This piece examines the trend of altering intermediary liability models to include ‘duty of care’ provisions, describing three models in Europe, North America and South America. We discuss how these models are being modified to include greater monitoring and takedown burdens on internet content providers. We conclude with a word of caution regarding this balance between censorship and freedom of expression.

Martial law and smuggling of goods: the search for the optimal model of legal liability

PurposeThe purpose of this study is the characteristics of the issue of legal responsibility for the smuggling of goods under the conditions of martial lawin Ukraine.Design/methodology/approachIn the paper’s writing, the authors used an interdisciplinary approach, combining legal science and economics methods.FindingsThe detection and cessation of smuggling is currently a vital activity of customs authorities in the sphere of ensuring the financial and economic security of the state and a prerequisite for the stable development of market relations in Ukraine. At the same time, the lack of adequate legal responsibility for smuggling goods and the limited powers of customs authorities increased the facts of the smuggling of goods. This determines the importance of finding innovative principles of legal responsibility for smuggling goods under martial law conditions in Ukraine.Originality/valueThe paper aims to develop innovative principles of legal responsibility for smuggling goods under martial law in Ukraine.

Constructing “Electronic Liability” for International Crimes: Transcending the Individual in International Criminal Law

AbstractIt is increasingly clear that autonomous agents can commit international crimes such as torture and genocide. This article aims to construct ‘electronic liability’ for such international crimes. It will argue that it is not sufficient to hold the persons or programmers behind the autonomous agents liable, but that it should be possible to hold the autonomous agents that commit international crimes liable. It will examine ways in which legal personality can be attributed to machines and argue that if there is a continuum of potential subjects of ICL, then the argument for electronic personhood and liability of machines is as compelling as for other non-humans such as corporate entities and animals. It will be argued that the ICC will potentially only be able to meaningfully prosecute international crimes committed by autonomous agents if it is willing to accommodate strict liability and other faultless models of liability that have so far been anathema to international criminal justice.

Corporate Criminal Liability: An Overview of the Croatian Model after 20 Years of Practice

The Croatian legislators introduced the concept of criminal liability for legal entities already in 2003 with the adoption of the Law on Criminal Liability of Legal Entities. Influenced by the writing of esteemed domestic scholars, and inspired by French law, the legislators opted for a system linking the liability of corporations to the liability of the responsible person. There were very few cases in practice during the first years of its application, and the situation changed after the first prominent indictment of this type against the ruling political party for economic crimes. Since then, the legislation has been amended several times and a significant body of jurisprudence has developed. In the first part of this paper, I will describe the chronology of the development and formation of the Croatian legislative model of corporate criminal liability. The second part will analyze 31 available final court judgments, which will be the basis for the conclusion about the issues in the practical application of the legislative model and, more generally, the phenomenon of criminal offenses committed by legal entities in Croatia. Based on this analysis, I will indicate the potential deficiencies of such a concept. In the context of future development, special attention will be given to the problem of economic crimes committed by AI corporate systems.

The carbon border adjustment mechanism: What does it mean for steel recycling?

The European Union's carbon border adjustment mechanism (CBAM) is a landmark policy proposal. As this study finds, not only might it assist in providing signals to lower emissions in some of the most greenhouse gas-intensive sectors of the world economy; it also may also drive resource recovery.This study focuses on CBAM's impact on scrap use for steel production. It investigates the nature and magnitude of the price signal by analysing costs of compliance for steelmakers using a variety of emissions intensities of different commercially operational steelmaking techniques, applied using the proposed CBAM liability model and emissions pricing data from the clearing prices observed in the EU's emissions trading system (EU ETS). In addition, it examines historical correlations in key commodities linked to steelmaking like EU carbon allowances, steel and ferrous scrap steel, validating the observation made by some analysts that free allocation in the EU ETS mutes the incentive to recycle steel. The study identifies factors that influence the magnitude and nature of the price signal, including uncertainty about the final CBAM design, the impact of market fundamentals and feedstock commodities, alternative green steel technologies and the relative importance of the longer-term outlook compared to nearer-term market signals.The study finds that resource recovery and recycling will lead to reductions in greenhouse gas emissions and vice versa, meaning well designed measures can advance both aims. This has implications for policy makers and business managers, who will be able to focus scarce resources to capture these co-benefits. This can reduce regulatory burden in an environment where overregulation is identified by previous studies as a barrier to better waste management practice.

CHANGES IN THE MODEL OF PENAL LIABILITY OF COLLECTIVE ENTITIES IN THE POLISH LEGAL SYSTEM – A REAL BREAKTHROUGH OR A MANIFESTATION OF OPPORTUNISM?

The model of liability of collective entities for acts prohibited under penalty, introduced into the Polish legal system by the Act of 28 October 2002 (consolidated text, Journal of Laws of 2020, item 358, as amended), which entered into force on 28 November 2003, was criticized from the beginning. Time has shown that the scepticism of the representatives of the legal commentary regarding the solutions adopted at that time was fully justified. After nearly 20 years of this act being in force – systemically important yet playing a marginal role in practice – the time has come for radical changes in the model of penal liability of collective entities. The model of the so-called consequential liability of a collective entity, which depends on a preliminary ruling, i.e. on prior confirmation by a final judgment that an offense or a fiscal offense has been committed by a specific natural person, is replaced by direct liability. This was reflected in the changes introduced to the Act of 2002, which entered into force on 1 September 2022. An analysis of these changes will be used to assess the new model of criminal liability of collective entities for acts prohibited as offenses against the environment, in the normative and practical aspect.

Modeli krivične odgovornosti krivičnog učešća u digitalnom okruženju - perspektiva savremenih izazova u italijanskom konstitucionalizmu

The rapid progression and widespread integration of Information and Communication Technology (ICT) have ushered in a new era of sweeping social and legal transformations. Among the many groundbreaking advancements, Artificial Intelligence has emerged as a pivotal force, permeating nearly every facet of our daily lives. From the realms of commerce and industry to healthcare, transportation, and entertainment, Artificial Intelligence technologies have become indispensable tools shaping the way we interact, work, and navigate the world around us. With its remarkable capabilities and ever-expanding reach, Artificial intelligence stands as a testament to humanity's relentless pursuit of innovation and the boundless potential of technology to revolutionize society. While completing all the tasks they are programmed for, Artificial Intelligence systems can perform actions, which could result in crimes if committed by humans. But crimes follow the reserve of law, therefore can be difficult to criminalize such crimes because of the lack of written law. Nevertheless, in modern legal systems, the structure of crimes doesn't only require the commission of a typical fact, but also the determination to do it. In this scenario, being Artificial Intelligence a non-human entity, the reconstruction of criminal responsibility is particularly difficult to theorize. This is mainly true because of the peculiar nature of the environment the machine lives in: the digital environment is made of a digital reality, and many of its actors (for example algorithms, protocols, and programs) are not even human and can only exist in that reality. This means that in this environment, machines can act, determine themselves and possibly commit crimes with or without a human user. This scenario makes it necessary to analyze Artificial Intelligence crimes in the light of common ones, using the ordinary law discipline. This analysis allows users (lawyers, judges, and scholars) to use three traditional liability models: "the perpetration-via-another", "the natural probable consequence", and "the direct liability". Through these models, users can assess whether the machine committed a crime. Nevertheless, the three liability models supra mentioned open the door to a totally modern scenario: the man-machine concurrence (the concurrence between man and Artificial Intelligence algorithm). In fact, if theorizing the liability of the machine comes with challenges, it is even more complicated to adapt to modern Constitutions the concurrence between the living and the digital. Indeed, it is necessary to assess whether a machine can commit crimes (or it is just an instrument), determine how the machine can concur with a human, and how much responsibility can be addressed to it. This paper wants to analyze the peculiarities of Artificial Intelligence, deconstruct three possible Artificial Intelligence liability models, and, finally, theorize the criminal participation man-machine through the lenses of Italian law.

The Italian Response to Corporate Criminal Liability: a new challenge for artificial intelligence

The Italian legal system predisposed a specific discipline against organized crime phenomena through legal entities, both when the corporate shield is an opportunity to commit crimes, and when it is created far that sole purpose. By examining these issues, the paper aims to verify, also in a de jure condendo perspective, whether an administrative model of corporate criminal liability (instead of a criminal one) would lead to much more coherent solutions, and, above all, how the using of A.I. can play an important role in preventing and contrasting that type of crimes.

The model of criminal liability of legal entities for encroachments in the field of economic activity

The model of criminal liability of legal entities for encroachments in the field of economic activity