Thursday, October 17, 2019
Mihailis Diamantis (University of Iowa - College of Law) has posted The Problem of Algorithmic Corporate Misconduct on SSRN. Here is the abstract:
Technology will soon force broad changes in how we conceive of corporate liability. The law’s doctrines for evaluating corporate misconduct date from a time when human beings ran corporations. As corporate operations become increasingly automated, algorithms will come to replace employees as the leading cause of corporate harm. Rooted in an antiquated paradigm, the law presently identifies corporate misconduct with employee misconduct. If it continues to do so, the inevitable march of technological progress will increasingly immunize corporations from most civil and criminal liability.