The Problem of Algorithmic Corporate Misconduct

The Problem of Algorithmic Corporate Misconduct, Compliance and Enforcement Blog (Sept. 16, 2019)

4 Pages Posted: 10 Oct 2019 Last revised: 13 Jul 2020

Date Written: September 26, 2019

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.

Keywords: Corporate Governance, Artificial Intelligence, AI, Algorithmic Misconduct, Business Ethics, Mens Rea, Criminal Theory, Philosophy of Law, Jurisprudence, Philosophy of Mind

Suggested Citation

Diamantis, Mihailis, The Problem of Algorithmic Corporate Misconduct (September 26, 2019). The Problem of Algorithmic Corporate Misconduct, Compliance and Enforcement Blog (Sept. 16, 2019), Available at SSRN: https://ssrn.com/abstract=3460105 or http://dx.doi.org/10.2139/ssrn.3460105

Mihailis Diamantis (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

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