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Liability For Cyber Torts: Emerging Challenges In The Age Of AI


Priyanshu, National Forensic Sciences University, Delhi Campus


Introduction


As AI technologies get more involved in digital systems, they not only help with economic growth and efficiency but also create complicated legal issues, especially concerning cyber torts. Cyber torts are wrongs done online that cause harm to people or organizations, including things like data breaches, privacy violations, and defamation. The independent actions of AI systems, especially those using machine learning, bring new factors into these cyber torts. Traditional tort law, which assigns blame based on fault and what can be predicted, struggles to keep up with AI’s ability to act without direct human control. Therefore, there is an increasing need to look at liability frameworks that fit this new situation.


The main question in this paper is how liability should be determined when AI plays a role in cyber torts on its own. Figuring out “fault” and “foreseeability” in these situations shows important weaknesses in current legal systems. Also, existing laws usually think a human is responsible for actions online, which becomes harder to support as AI systems become more independent. Through examining key legal principles and looking at new frameworks, this paper seeks to suggest ways to create a liability model that deals with the special risks AI presents in cyber torts.


Research Focus and Methodology


This paper will focus on three primary questions: (1) how do current legal frameworks allocate fault in cases involving artificial intelligence; (2) what does foreseeability have is there an autonomous action by the AI in determining liability; and (3) what liability models may better address the complexity introduced by AI? To answer these questions, this study investigates scholarly work, judicial decisions, and new international regulations to provide an extensive perspective on the liability landscape related to cyber torts caused by AI.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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Licensing: 

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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