Adding to the EU AI Liability Directive: degree of autonomy, chain of confidence, inherent flaws of indecent induction, and mandatory insurance

Ronald P. Loui

Chapter Chapter 24 in Research Handbook on the Law of Artificial Intelligence, 2025, pp 541-569 from Edward Elgar Publishing

Abstract: This chapter appraises the current state of the EU AI Liability Directive, specifically focusing on the definition of AI system, the enumeration of operators, and the presumption of causality. While applauding the effort and direction taken by the EU here, some opportunities to direct AI liability are found to have been missed: degrees of autonomy, inherent design flaws of neural net predictors and their testing, proportionality in causality, chains of confidence and assurance that lead users to trust more than they should, often as unlearned intermediaries. This author’s warnings include assumption of background technologies in ascertaining causality, hiding bias of subclasses in random test selection, and feigning confidence when there is uncertainty. Suggestions include certification for particular kinds of testing, piercing the engineering veil to attach responsibility to the designers and data engineers, which includes a doctrine of respondeat inferior, and mandatory insurance.

Keywords: AI Liability Directive; Causality; Insurance; Respondeat inferior; Test certification; Artificial intelligence (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035316489
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