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Tatsuhiko Inatani, Session 6

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Presentation by Tatsuhiko Inatani at the OECD Global Conference on Governance Innovation which took place in Paris on 13-14 January 2020. Further information is available at http://www.oecd.org/gov/regulatory-policy/oecd-global-conference-on-governance-innovation.htm.

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Tatsuhiko Inatani, Session 6

  1. 1. Criminal Law 2.0 Criminal Justice Innovation in Society 5.0
  2. 2. Society 5.0 • Human centered society constructed on sophisticated informational technology including AI • Integration of physical and cyber space for sustainable economic growth and resolution of various social issues
  3. 3. Challenges for Legal System • Unpredictability • Statistical behavior • Informational gap → Potential but serious challenge for current legal system
  4. 4. Model of Current Criminal Law • Based of free will theory derived from subject/object dualism • Deterministic causal relationship between undesirable result and individual behavior • Top down regulation based on vertical relationship between state and individual
  5. 5. Update to Criminal Law 2.0 Accident Y N Prosecution and debarment Cooperation with Authority Identified as allowed risk Y Store and share the information with stakeholders N Deferred prosecution agreements for redesign and reprogramming of the product in addition to governance reform Review and evolve current regulations
  6. 6. Features of Criminal Law 2.0 • Risk based approach with strict liability for undesirable results caused by AI: Criminal law as a leverage for extracting cooperation from manufactures that assures both security and innovation • Close cooperation between authorities, specialists, and stakeholders to met out appropriate solution in each case to construct a whole structure of legal framework: Bottom up approach • Continuously evolving system: Appreciating try and error and explain and comply in reasonable way • Based on a kind of virtue ethics proposed by philosophy of technology: Release from the unrealistic modern concepts
  7. 7. For the Cohabitation of human and AIs as well as nature in our tradition Thank you for your attention!

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