Journal of Siberian Federal University. Humanities & Social Sciences / Criminal Policy for Crimes Committed Using Artificial Intelligence Technologies: State, Problems, Prospects

Full text (.pdf)
Issue
Journal of Siberian Federal University. Humanities & Social Sciences. 2020 13 (1)
Authors
Sukhodolov, Alexander P.; Bychkov, Artur V.; Bychkova, Anna M.
Contact information
Sukhodolov, Alexander P.: Baikal State University Irkutsk, Russian Federation; ; Bychkov, Artur V.: Irkutsk Institute (branch) of The All-Russian State University of Justice (RPA of the Ministry of Justice of Russia) Irkutsk, Russian Federation; ; Bychkova, Anna M.: Baikal State University Irkutsk, Russian Federation; ; ORCID: 0000-0002-8233-9520
Keywords
artificial intelligence; artificial intelligence technologies; the subjectivity of artificial systems; the subject of criminal liability in high-tech crimes; the improvement of the criminal law; “the law as a code”; innocent harm
Abstract

The aim of the work is to study the criminal policy in relation to crimes committed using technologies based on artificial intelligence algorithms. The varieties of these crimes are described: phishing, the use of drones, the synthesis of fake information, attacks through automated autonomous systems and bots. Given the fact that artificial intelligence technologies are capable of self-learning and independent actions without direct human intervention and control, the key issue in the criminal policy regarding crimes committed using artificial intelligence algorithms is the question of the subject of criminal liability. The concepts existing in official documents and scientific literature are analyzed on this issue, in the development of scientific discussion, it is proposed to update the legal construction of “innocent harm”. The prospects of criminal policy in this direction are indicated in the creation of a fundamentally new variety of blanket norms: from “law as a text” to “law as a code” and its implementation by technological platforms

Pages
116–122
DOI
10.17516/1997-1370-0542
Paper at repository of SibFU
https://elib.sfu-kras.ru/handle/2311/129909

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