The legal risks and opportunities associated with new technologies
Technological advancements may offer a wide array of opportunities to solve societal problems, but also raises questions of accountability and liability. Such as, in the criminal law context: could artificial intelligence be employed in risk assessment procedures of convicted felons? If deep brain stimulation can help reducing aggressive tendencies in people, could persons then be forced to undergo such a treatment by court order? And if so, would that be different if the treatment requires invasive surgery? In civil law, questions about the allocation of accountability and liability for, for instance, autonomous intelligence systems arise. Who would be liable when a self-driving car crashes and causes damages? Do autonomous intelligence systems necessitate the development of new liability regimes? How do we allocate responsibility for inherent uncertainties about the risks that come along with new technologies? What is the role of the precautionary principle in this respect?