Analysis of the independence of black box algorithms in algorithmic contracts and its consequences

Document Type : Research Paper

Authors

Associate Professor of Law, University of Science and Culture

10.22099/jls.2022.40211.4340

Abstract

In the new age with the advancement of new technologies, algorithms are present in almost all areas of our lives. In the world of law, a significant number of contracts are concluded by algorithms; In the meantime, "black box algorithmic contracts" are of particular importance. Because black box algorithms (artificial intelligence) operate completely independently in decision making and how they make decisions is unpredictable for the human user. How to form a constructive intention of black box algorithmic contracts and its attribution to human user is one of the issues that the present study seeks to address. it can be stated that black box algorithms, unlike simple and light box algorithms, operate independently in concluding contracts. In these contracts, the intention to write the contract constructively can not be attributed to the human user, but it is possible to compare the existence of will in black box algorithms (artificial intelligence) by comparing the criterion of will formation (clean power) and the qualities of intention formation in minor and fool, Proved. In this regard, it is necessary to review existing laws and adapt to new technologies in the field of competition law, privacy and data protection.

Keywords

References

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