The world is on the cusp of entering a new era of artificial intelligence, and it has become necessary to develop laws. Artificial intelligence is one of the most critical topics for criminal law jurists, given that there is a need to establish legal rules commensurate with the nature of this technology that is expected to prevail worldwide. The problem of the study is the lack of a legal framework that regulates the uses of artificial intelligence and shows the criminal rules that should be applied. The chapter aims to introduce the applications of artificial intelligence, its fields, advantages, and its expected impact during the next stage, highlighting the proposed rules of criminal law to regulate the use of artificial intelligence and discussing the appropriate penalties proposed to be applied. The study recommended the international community develop a global framework governing the use of artificial intelligence technologies, calling national legislators to set rules that regulate the use of artificial intelligence and determine appropriate penalties in case of misuse.
TopIntroduction
There is no doubt that the whole world, due to successive technological developments, is on the cusp of entering a new era, which is the era of the fourth industrial revolution and digital transformation, which will change the details of human life by relying on applications of artificial intelligence, the Internet of things, and the blockchain (Ghaitas, 2017).
The name “Fourth Industrial Revolution” was launched during the World Economic Forum in Davos, Switzerland, in 2016, on the last episode of the current Industrial Revolution series. Prof. Dr. Klaus Schwab, Professor of Comparative Economics and President of the Davos Economic Forum, points out, “There are three reasons that support the belief in the emergence of a fourth industrial revolution, which is the development of the current revolution at an extremely rapid rate, and its reliance on a digital revolution that combines multiple technologies that lead to unprecedented transformations at the level of economy and business, as well as the transformation it entails in various systems. Across all countries, institutions, fields, and societies (Schwab, 2017).
In light of these developments, it becomes necessary to develop most of the laws and legislations to keep pace with this new reality, as the fourth industrial revolution today opens the doors to unlimited possibilities through the significant breakthroughs of emerging technologies in the field of artificial intelligence (El-Behairy, 2019), robots and massive databases, the Internet of Things, self-driving vehicles, 3D printing, nanotechnology, biotechnology, materials science, government computing, Blockchain and others, which will lead to humanity entering a new phase (Mayer-Schönberger & Cukier, 2013).
This requires the need to develop a governing legal framework for these new uses, and there is no doubt that the existence of this legal framework requires a realistic perception of the uses of artificial intelligence and their effects on human and social behavior and the various legal interests that deserve legal protection.
Significance of the Study
Artificial intelligence techniques are one of the most critical topics for criminal law jurists, given that it is a science that focuses on designing machines that engage humans in behaviors that are described as intelligent. Then, the need arises to establish legal rules commensurate with the nature of this technology that is expected to prevail worldwide. For example, some called for the need to work on amending the European Convention on Cybercrime to establish legal rules that regulate developments in the field of information technology (Khalifa, 2018).
The Study Objectives
The study aims to address the issue of the rules of liability and punishment for artificial intelligence applications, as several sub-goals emerge from this primary objective, which can be summarized as follows:
A- Introducing artificial intelligence applications, their fields, advantages, and expected impact during the next stage.
B- Highlighting the proposed rules of criminal law to regulate the use of artificial intelligence.
C- Examining the appropriate penalties proposed to be applied against artificial intelligence entities.
The difficulty of the study is that it deals with very modern topics, and some of these topics do not have legal regulations that deal with them. Instead, some subjects are still subject to jurisprudence, which seeks to establish new legal rules commensurate with the nature of these new tools (LEEMANS & JACQUEMIN, 2017), in addition to the lack of references that deal with this subject.
Hence, the research problems arise in the lack of legal regulation of artificial intelligence applications. This prompted the researcher to address this issue and shed light on the criminal rules suitable for dealing with it. The chapter will use the comparative analytical approach that seeks to describe, analyze, and diagnose the research topic from its various aspects and dimensions to reach a clear view of criminal responsibility for crimes resulting from the use of artificial intelligence and monitoring and to analyze it from all aspects, taking the comparative approach in dealing with the subject of the study.