Abstract
The international community continues to implement regulations on artificial intelligence (Al). Fueled by AI's burgeoning generative ability, the technology's growth presents a heightened risk that bad actors will use Al systems to facilitate crimes or produce harmful content, including the production of child sex abuse materials (CSAM).
Despite this heightened risk, countries and other regulatory bodies struggle to balance the benefits of Al innovation against limiting any potential dangers. Moreover, with no uniform international regulations on Al and very little guidance from international leaders, the global Al regulatory landscape remains a fragmented patchwork of domestic approaches that limit international cooperation. Consequently, holding companies or individuals criminally liable for AI-generated content proves difficult.
Therefore, what happens if harmful AI-generated content bypasses the current domestic regulations-and becomes proffered transnationally? How should the international community approach the criminal liability of AI-generated material? Is the potential cooperation between separate domestic systems enough or should the international community develop a uniform set of regulations to curb generative Al?
This article will examine the increasing risk of several types of generative AI, argue why the international community should care about the expansion of Al crime (using the production of CSAM as an example), and briefly trace the development of both the regulatory and criminal justice systems of three primary regulators (the United States, the United Kingdom, and China).
This article will eventually encourage the International Criminal Court, or a similar international governing body, to guide AI regulation, eventually creating a bifurcated uniform international framework. This article will argue that these uniform international regulations should 1) restrict Al technologies to prevent the creation of harmful AI-generated content and 2) impose criminal liability on those who are able to bypass those restrictions and transmit harmful content across borders.
First Page
119
Recommended Citation
Blake
Morrow
"Not a Victimless Crime": A Comparison of Global Regulatory Frameworks and the Future of the International Community's Response to Artificial Intelligence Crime,
21
Loy. U. Chi. Int'l L. Rev.
119
().
Available at:
https://lawecommons.luc.edu/lucilr/vol21/iss2/4