Should My Computer Plead the Fifth?
(Room Paradise Valley)
05 Jul 19
1:30 PM
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2:45 PM
Will your computer land you in jail through no fault of your own? It’s possible. Computers are becoming more autonomous and capable of learning on their own. Suppose yours resorts to machine learning and then breaks the law, exploiting what the machine erroneously concludes is a permissible loophole – let’s say by avoiding tax payments in a way the IRS prohibits. Will you be charged with a crime if you own or program the computer that performs the task in way the government regards as criminal? What should you do if law enforcement officers ask you about what your self-learning machine did? Humans, of course, can plead the Fifth Amendment and refuse to answer questions that might incriminate them. Can we be compelled to turn over a computer to the government that may be capable of “speaking” against us? If so, shouldn’t computers be capable of pleading the Fifth, or shouldn’t we be able to assert the privilege on behalf of our computer? This talk will explain the basics of the Fifth Amendment privilege against self-incrimination. It will also clarify in simple terms, such legal doctrines as the law of conspiracy, accessorial liability and the law of agency. Attendees will also learn about the capacity of artificial intelligence to pose fundamental challenges to the criminal law.