Responsibility gap or responsibility shift? The attribution of criminal responsibility in human-machine interaction
Journal
Information, Communication & Society
ISSN
1369-118X
1468-4462
Type
journal article
Date Issued
2024
Author(s)
Abstract
The prevalence of automation and advent of intelligent machines have created new constellations in which the attribution of criminal responsibility is complicated. Automation results in complex settings of interaction, while the conduct of technical systems is becoming less determined, predictable, and transparent. There is an ongoing scholarly debate regarding how these developments shape moral and legal agency, as well as the best ways of allocating responsibility. Concerns have been expressed about the emergence of responsibility gaps, calling for ways to ensure accountability. This article explores whether these apprehensions can be empirically substantiated. A factorial survey study (N = 799) conducted in Switzerland was used to research attribution mechanisms in criminal cases involving various forms of human-machine interaction. The results revealed that the level of automation significantly affected the attribution of responsibility. In cases of high automation, attribution became considerably more complex and more actors, especially corporate entities, were called to account. A difference in automation level (i.e., the question of how much humans are still ‘in the loop’) had a stronger effect than did the aspect of technology being described as capable of learning. However, the involvement of intelligent technology seemed to have made the responsibility attribution more arbitrary. According to the respondents, there were no discernable responsibility gaps. However, in the present research, significant shifts among the agents called to account were observable. Yet, since these evasion mechanisms are hardly covered by today's law, there is an ongoing risk of a gap between the desire for punishment and actual legal constructs.
Keywords
human-machine interaction
responsibility gap
agency
responsibility attribution
Volume
27
Number
6
Start page
1142
End page
1162
Subject(s)
File(s)![Thumbnail Image]()
open.access
Name
Responsibility gap or responsibility shift The attribution of criminal responsibility in human machine interaction.pdf
Size
2.59 MB
Format
Adobe PDF
Checksum (MD5)
0385cd22fbddfd255b203d1cbbeaead4