The Legal Status of Artificial Intelligence: Challenges and Possibilities

Abstract

Artificial intelligence (AI) marks a turning point in technological advancement, as it performs effective tasks on behalf of humans. However, the legal aspects of this performance are critical, given AI’s unprecedented ability to self-learn and act independently and intelligently. Many countries, including Saudi Arabia, have widely adopted AI across their private and public sectors, raising substantial concerns over the existing laws. As the core concern of this research is promoting the status of AI, various aspects of this promotion are discussed. In terms of regulation, the author argues that it is too early to comprehensively regulate AI, but a regulatory infrastructure could be established as from now. Specifically, a digital ID scheme is proposed to render AI machines identifiable and manage their risks. Regarding liability, since AI can cause damage independently of human involvement, it is illogical to rely on traditional laws to allocate blame solely to humans. In an initial approach, therefore, this research suggests reasonable alternatives to mitigate human liability, such as imposing mandatory insurance requirements on certain AI machines. Concerning rights, since the promotion of AI status cannot be satisfied without considering the rights of AI; establishing a dependent financial status would render that promotion more feasible. Although this financial status would still be dependent on humans, it should facilitate further development of AI’s financial rights and liabilities. The establishment of a partial financial status would enable the more extensive development of legal conduct for AI. Hence, this research argues that AI has greater potential than ever to attain a legal status in the short- and mid-term. This would include the right to be recognised via possession of an ID, partial liability, and the right to financial status.