The Problem of Algorithmic Corporate Misconduct

4 Pages Posted: 10 Oct 2019

Date Written: September 26, 2019


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). Available at SSRN: or

Mihailis Diamantis (Contact Author)

University of Iowa - College of Law ( email )

Melrose and Byington
Iowa City, IA 52242
United States

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