Artificial Intelligence and the Law: Cybercrime and Criminal Liability 0367347970, 9780367347970

Table of contents :
Cover
Half Title
Title
Copyright
Contents
List of contributors
1 Emerging technologies and the criminal law
1. Introduction
2. Artificial intelligence and criminal justice
(a) Artificial intelligence
3. Privacy, surveillance and biometrics
4. Censoring the Internet at large to prevent online harms
5. Overview of the chapters herein
2 Financial technology: opportunities and challenges to law and regulation
1. Introduction
2. Fintech
3. DLT
4. Contract law
5. Tort/delict
6. Property law
7. Separate legal personality
(a) How the law should be adapted
(b) International conventions and model laws
(c) Regulation and regulatory sandboxes
8. Conclusion
3 Between prevention and enforcement: the role of “disruption” in confronting cybercrime
1. Introduction
2. The nature of disruption
3. The role of intelligence
4. The role of disruption in cybercrime
(a) Enforcement
(b) Technical means
(c) Intelligence gathering
5. Legislative frameworks and oversight
6. Criminal offences
7. Investigation powers
8. International cooperation
9. Conclusion
4 Preventive cybercrime and cybercrime by omission in China
1. Introduction
2. Pre-inchoate criminalisation and early harm prevention
(a) Background of the latest amendments to PRC criminal law
(b) The harm justification for criminalising pre‑inchoate cyberharm
3. Omissions liability for internet service providers
(a) Effective governance of cybercrime and the addition of citizens’ positive duties
4. The constitutional dilemma: the deviation from marketplace norms
(a) The principle of personal responsibility
5. The normativity of private censorship and pre‑inchoate criminalisation
6. Conclusion
5 Criminal law protection of virtual property in China
1. Introduction
2. Conceptualising virtual property
(a) General concept of a virtual asset
3. Categorising virtual property
(a) The problem with virtual property in China
(b) Virtual property articles
(c) Virtual currency as property
(d) Questions raised
4. Virtual property as property
5. The principle of legality
6. China’s current practice concerning virtual property
7. The value of virtual property
8. Conclusion
6 Criminalising cybercrime facilitation by omission and its remote harm form in China
1. Introduction
2. Cybercrime: extending the reach of the current law
3. Liability for indirect remote harm and direct pre‑inchoate harm
4. Internet service provider offences
(a) Criminalisation and the duty of the ISP to act
(b) Allowing others to cause harm through failures to prevent
(c) Responsibility for allowing others to leak data
(d) Allowing the loss of criminal evidence
(e) The crime of fabricating and disseminating false information
5. Obstacles to applying complicity liability to cybercrimes
6. The limits of national jurisdiction
7. Conclusion
7 Rethinking personal data protection in the criminal law of China
1. Introduction
2. The legal status of personal data
(a) Is privacy a public good?
(b) The current law in China
3. Difference from GDPR
4. Related criminal offences in China
5. Fair labelling and applying the right crime
6. Conclusion
8 Using conspiracy and complicity for criminalising cyberfraud in China: lessons from the common law
1. Introduction
2. Cyberfraud in China
3. Remote harm offences vs. inchoate and pre‑inchoate offences
4. Complicity
5. Successive complicity in Japanese law
6. Conclusion
9 The threat from AI
1. Introduction of risk
2. The nature of the threat
3. Definition and scope of AI
(a) Machine learning methods
(b) Learning from incomplete data
(c) Predicting behaviours and outcomes
(d) Incomprehension of decisions
4. Four apertures of cyberharm
5. AI as a weapon
(a) Targeting and control enhancements due to AI
(b) Attacker persistence, covertness and effects enhancement due to AI
(c) Attack (un)mitigatability enhancements due to AI
(d) Threat to individuals
(e) Threat to businesses or organisations
(f) Threat to nations or societies
(g) Global threats
6. AI as an environmental threat
(a) The question of dual-use
(b) Vulnerability introduction
(c) Growth of threat environment
(d) Polarisation of wealth
(e) Outliers and oversimplification
(f) Rule of law and responsibility for harm
7. Reflection
10 AI vs. IP: criminal liability for intellectual property offences of artificial intelligence entities
1. Introduction: the legal problem
2. AI entities
3. Three models of criminal liability of artificial intelligence entities for commission of IP offences
(a) Perpetration-by-Another liability
(b) Natural-Probable-Consequence liability
(c) Direct liability
(d) Combination liability
4. Punishing AI
5. Conclusion
11 Don’t panic: artificial intelligence and Criminal Law 101
1. Introduction
(a) The defendant
2. The actus reus
(a) Specific conduct offences
(b) Specific consequence offences
(c) State of affairs offences
3. The mens rea
(a) Preliminaries
(b) Intention
(c) Knowledge/belief
(d) Recklessness and negligence
(e) Consent
(f) Contemporaneity
(g) Rationale-based defences
(h) Application
4. Complicity liability
5. Inchoate offences
6. Conclusion
Index

Polecaj historie

The Emergence of EU Criminal Law: Cybercrime and the Regulation of the Information Society 9781474201872, 9781849467278

Criminal law can no longer be neatly categorised as the product and responsibility of domestic law. That this is true is

211 87 2MB Read more

Answering for Crime: Responsibility and Liability in the Criminal Law 9781472560155, 9781841137537

In this long-awaited book, Antony Duff offers a new perspective on the structures of criminal law and criminal liability

193 14 2MB Read more

Alchemy and artificial intelligence

1,574 157 812KB Read more

Liability for Artificial Intelligence and the Internet of Things: Münster Colloquia on EU Law and the Digital Economy IV 9781509925841, 9781509925858

The year 2018 will feature a number of key developments in shaping the digital single market. Whereas some issues are no

195 30 2MB Read more

Civil Liability for Artificial Intelligence and Software [37, 1 ed.] 9783110775341, 9783110775402, 9783110775457, 2022944925

Initiated by the European Commission, the first study published in this volume analyses the largely unresolved question

253 113 3MB Read more

Artificial Intelligence and Conservation 9781108587792

With the increasing public interest in artificial intelligence (AI), there is also increasing interest in learning about

2,046 247 16MB Read more

FinTech, Artificial Intelligence and the Law: Regulation and Crime Prevention 2021003918, 2021003919, 9780367897659, 9781032012469, 9781003020998

1,060 155 5MB Read more

Is Law Computable?: Critical Perspectives on Law and Artificial Intelligence 9781509937066, 9781509937097, 9781509937073

What does computable law mean for the autonomy, authority and legitimacy of the legal system? Are we witnessing a shift

352 40 4MB Read more

The Illicit Trade in Art and Antiquities: International Recovery and Criminal and Civil Liability 9781509905461

This new text provides practical guidance on the modern law relating to cultural objects which have been stolen, looted

166 50 2MB Read more

Liability and Responsibility: Essays in Law and Morals 9780521392167, 0521392160

This collection of contemporary essays by a group of well-known philosophers and legal theorists covers various topics i

525 110 8MB Read more