Artificial Intelligence and Criminal Liability

Abstract

Technology and internet users can gain from AI and cybersecurity working together. AI can be utilized to identify cyberattacks and develop more potent defences. Machine learning algorithms, for instance, can be trained to identify odd computer network behaviours or suspect traffic patterns. They can aid in the prompt detection of cyberattacks, resulting in a quicker and more efficient reaction when handling security-related issues. What happens when artificial intelligence goes rogue, buys drugs on the darknet, or commits other criminal acts? Can it be punished? Only humans are subject to criminal accountability; legal persons are also subject to criminal liability, for which the primary sanctions are less effective than the complementary ones. In Dutch law, the use of AI is permitted in this capacity by amending the criminal provisions of the legislation. Still, the concept of the victim is assumed only when the victim is a human being, because only they are legally protected, from the use of their rights when they are also the beneficiary of social values, to the protection afforded by criminal law. Similar to the incrimination of legal persons, it would be able to incriminate AI that engages in criminal activity.