On July 10 and 11, the Ministry of Justice coordinated with the Hanns Seidel Foundation to organize a workshop on legal responsibilities of entities related to artificial intelligence.
Need to add provisions on legal responsibility
Speaking at the workshop, Deputy Minister of Justice Tran Tien Dung said that we are witnessing the profound and powerful impacts of the Fourth Industrial Revolution (Industry 4.0) with breakthrough technologies such as: Blockchain, Big Data, robots, Internet of Things (IoT), cloud computing... in which the explosion of Artificial Intelligence (AI) technology stands out.
The development and widespread application of AI technology in many fields such as transportation, finance, retail, advertising, etc. brings many opportunities as well as challenges, including legal challenges such as security and safety issues; issues of protecting the privacy of each individual; issues of protecting intellectual property rights; issues of building industry standards; issues of determining the legal responsibilities of subjects related to AI.
On January 26, 2021, the Prime Minister issued Decision No. 127/QD-TTg on the National Strategy on Research, Development and Application to 2030, in which the Ministry of Justice was assigned the task of developing and completing additional legal documents on the legal responsibilities of subjects related to artificial intelligence.
Deputy Minister Tran Tien Dung emphasized that in order to develop and complete additional legal documents on the legal responsibilities of entities related to artificial intelligence, we need to clearly understand the risks that artificial intelligence brings; refer to international experience, including the experience of the European Union and the Federal Republic of Germany in promulgating or amending and supplementing legal documents related to the legal responsibilities of entities related to artificial intelligence.
Using AI to commit a crime is an aggravating circumstance
According to Ms. Le Thi Van Anh, Deputy Director of the Department of Criminal and Administrative Law, Ministry of Justice, there are 4 related subjects related to AI including (1) the subject that creates AI, the programmers and authors who design the software, (2) the owner of AI, the manufacturers and investors, (3) the users, the people who put AI into operation, monitor the operation process and finally (4) the AI entity itself.
In cases where manufacturers, product owners and users of AI products use AI to commit crimes, these subjects must bear criminal responsibility.
The 2015 Penal Code has stipulated a number of crimes in the information field, including those related to AI. Specifically, Article 285 of the Penal Code stipulates the crime of manufacturing, trading, exchanging or giving away tools, equipment, and software for illegal purposes; Article 286 of the Penal Code stipulates the crime of disseminating computer programs that harm the operation of computer networks, telecommunications networks, and electronic devices; Article 287 of the Penal Code stipulates the crime of obstructing and disrupting the operation of other people's computer networks, telecommunications networks, and electronic devices; Article 289 of the Penal Code stipulates the crime of illegally accessing computer networks, telecommunications networks, and electronic devices; Article 290 of the Penal Code stipulates the crime of using computer networks, telecommunications networks, and electronic devices to commit acts of property appropriation.
However, the current criminal law does not regulate cases where AI is directly used to commit crimes. Therefore, according to Ms. Van Anh, those involved in AI, including people, owners, and users, will be criminals and subject to criminal sanctions.
Criminal law needs specific regulations to directly handle AI-related behaviors such as the act of manufacturing, designing, and programming AI products for the purpose of committing crimes, and the act of using AI products to commit crimes.
From there, Ms. Van Anh believes that it is possible to stipulate that using artificial intelligence products to commit crimes is an aggravating circumstance of criminal liability. With this regulation, it can be applied to any crime stipulated in the Penal Code. Along with that, it is possible to study the regulation of differentiating criminal liability in cases of using AI to commit crimes such as the issue of complicity, organized crime, etc.
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