{"title":"生成式人工智能聊天机器人的欺诈行为:欺骗与疏忽之间的一线之隔","authors":"Maarten Herbosch","doi":"10.1016/j.clsr.2024.105941","DOIUrl":null,"url":null,"abstract":"<div><p><span>The use of generative AI systems is on the rise. As a result, we are increasingly often conversing with AI </span>chatbots<span> rather than with fellow humans. This increasing use of AI systems leads to legal challenges as well, particularly when the chatbot provides incorrect information. In this article, we study whether someone who decides to contract on the basis of incorrect information provided by a generative AI chatbot might invoke the fraud regime to annul the resulting contract in various legal systems. During this analysis, it becomes clear that some of the requirements that are currently being put forward from a public law perspective, such as in the European AI Act, may also naturally arise from existing private law figures. In the same vein, this analysis highlights the interesting intradisciplinary feedback between instruments of public law and other legal domains.</span></p></div>","PeriodicalId":51516,"journal":{"name":"Computer Law & Security Review","volume":null,"pages":null},"PeriodicalIF":3.3000,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Fraud by generative AI chatbots: On the thin line between deception and negligence\",\"authors\":\"Maarten Herbosch\",\"doi\":\"10.1016/j.clsr.2024.105941\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"<div><p><span>The use of generative AI systems is on the rise. As a result, we are increasingly often conversing with AI </span>chatbots<span> rather than with fellow humans. This increasing use of AI systems leads to legal challenges as well, particularly when the chatbot provides incorrect information. In this article, we study whether someone who decides to contract on the basis of incorrect information provided by a generative AI chatbot might invoke the fraud regime to annul the resulting contract in various legal systems. During this analysis, it becomes clear that some of the requirements that are currently being put forward from a public law perspective, such as in the European AI Act, may also naturally arise from existing private law figures. In the same vein, this analysis highlights the interesting intradisciplinary feedback between instruments of public law and other legal domains.</span></p></div>\",\"PeriodicalId\":51516,\"journal\":{\"name\":\"Computer Law & Security Review\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":3.3000,\"publicationDate\":\"2024-01-29\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Computer Law & Security Review\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://www.sciencedirect.com/science/article/pii/S0267364924000086\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Computer Law & Security Review","FirstCategoryId":"90","ListUrlMain":"https://www.sciencedirect.com/science/article/pii/S0267364924000086","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
Fraud by generative AI chatbots: On the thin line between deception and negligence
The use of generative AI systems is on the rise. As a result, we are increasingly often conversing with AI chatbots rather than with fellow humans. This increasing use of AI systems leads to legal challenges as well, particularly when the chatbot provides incorrect information. In this article, we study whether someone who decides to contract on the basis of incorrect information provided by a generative AI chatbot might invoke the fraud regime to annul the resulting contract in various legal systems. During this analysis, it becomes clear that some of the requirements that are currently being put forward from a public law perspective, such as in the European AI Act, may also naturally arise from existing private law figures. In the same vein, this analysis highlights the interesting intradisciplinary feedback between instruments of public law and other legal domains.
期刊介绍:
CLSR publishes refereed academic and practitioner papers on topics such as Web 2.0, IT security, Identity management, ID cards, RFID, interference with privacy, Internet law, telecoms regulation, online broadcasting, intellectual property, software law, e-commerce, outsourcing, data protection, EU policy, freedom of information, computer security and many other topics. In addition it provides a regular update on European Union developments, national news from more than 20 jurisdictions in both Europe and the Pacific Rim. It is looking for papers within the subject area that display good quality legal analysis and new lines of legal thought or policy development that go beyond mere description of the subject area, however accurate that may be.