Legal Regulation of Atificial Beings

Alžběta Krausová

Abstract

In the connection with a development of informatics there appears a new
phenomenon in the society – artificial beings. These beings are gradually beginning to
interfere in an everyday human life. They appear in various areas of living. People
may communicate with them even without recognizing that they are in a contact with
something artificially created. The question is how the law deals with this event.
   Traditionally there are two points of view – a view de lege lata and a view de lege
ferenda. Artificial beings de lege lata can be subordinated above all under the legal
definition of a computer program, but also under the definition of a database and even
an artwork. A situation with the view de lege ferenda is much more complicated.
   A discussion about subjectifying of artificial beings arose. The reason why some
people would award artificial beings rights and duties is a fact that these entities are
no more passive mediators but active autonomous systems with an ability to learn
from their own experience and to take control of themselves.
   There also emerged particular legal problems related to autonomous intelligent
agents and multi-agents systems. Dubiousness is especially in matters of legal
relations and liability.
   The answer to if and eventually how and when the law regulating artificial
beings should change can be constructed on the basis of comparison of reasons for
identity declaration.

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