The use of artificial intelligence (AI) to make high-stakes decisions is sometimes thought to create a troubling responsibility gap – that is, a situation where nobody can be held morally responsible for the outcomes that are brought about. However, philosophers and practitioners have recently claimed that, even though no individual can be held morally responsible, groups of individuals might be. Consequently, they think, we have less to fear from the use of AI than might appear to be the case. This (...) paper assesses this claim. Drawing on existing philosophical models of collective responsibility, I consider whether changing focus from the individual to the collective level can help us identify a locus of responsibility in a greater range of cases of AI deployment. I find that appeal to collective responsibility will be of limited use in filling the responsibility gap: the models considered either do not apply to the case at hand or else the relevant sort of collective responsibility, even if present, will not be sufficient to remove the costs that are often associated with an absence of responsibility. (shrink)

Complex technologies such as Artificial Intelligence (AI) can cause harm, raising the question of who is liable for the harm caused. Research has identified multiple liability gaps (i.e., unsatisfactory outcomes when applying existing liability rules) in legal frameworks. In this paper, the concepts of shared responsibilities and fiduciary duties are explored as avenues to address liability gaps. The development, deployment and use of complex technologies are not clearly distinguishable stages, as often suggested, but are processes of cooperation and co-creation. At (...) the intersections of these stages, shared responsibilities and fiduciary duties of multiple actors can be observed. Although none of the actors have complete control or a complete overview, many actors have some control or influence, and, therefore, responsibilities based on fault, prevention or benefit. Shared responsibilities and fiduciary duties can turn liability gaps into liability overlaps. These concepts could be implemented in tort and contract law by amending existing law (e.g., by assuming that all stakeholders are liable unless they can prove they did not owe a duty of care) and by creating more room for partial liability reflecting partial responsibilities (e.g., a responsibility to signal or identify an issue without a corresponding responsibility to solve that issue). This approach better aligns legal liabilities with responsibilities, increases legal certainty, and increases cooperation and understanding between actors, improving the quality and safety of technologies. However, it may not solve all liability gaps, may have chilling effects on innovation, and may require further detailing through case law. (shrink)