Abstract
Development of artificial intelligence (AI) on a global scale has created autonomous agents that are increasingly doing to question existing legal structures. The given paper provides a critical consideration of the possibility of awarding legal personhood to the self-governing AI agents, paying attention to the following consequences that liability and accountability in cyberspace will have. It addresses the philosophical and jurisprudential underpinnings of illegal personality comparing natural, corporate, and potential AI subjects, and questions the justifications of offering granted or functional personhood to non-human agents in digital settings. The current review of liability concepts includes models typical of vicarious and product liability models, as well as new difficulties created by the uncertainty and obscurity of sophisticated AI systems. The paper deals with the so-called accountability gap which arises due to production of harm using autonomous agents that operate in such a way that their decision making cannot be fully transparent and cannot be directly attributed to any particular human actor. It also assesses the option of direct AI liability, such as the establishment of legal tools to vet AI agents civil or even criminal liability, as well as the potential to produce a compensation fund or insurance requirement of some kind to cover the victims.
The law-making approaches of the European Union, the United States, and India are provided to demonstrate the variability of the legal system and the requirement of unified international principles. Broader ethical and societal consequences of acknowledging the personhood of artificial intelligence are also addressed in the discussion, including that of diluting human responsibility and the effects on soundness, fairness, and invention. Practical means of inducing transparency, auditability and oversight, such as registration, licensing conditions, and explainability requirements are suggested as ways to achieve the balance between technological progress and the force of law. Based on the examples of case studies of self-driving cars, algorithmic trading plates, and autonomous cybersecurity systems, the paper illustrates the dire need of adaptive law. It, finally, proposes a subtle, cross-disciplinary understanding of personhood on the basis of AI, which is accountable and victim-safe, with the promotion of accountable innovation in the digital era.