IMPACT OF INFORMATION TECHNOLOGY ON CIVIL RIGHTS AND CRIMINAL LIABILITIES

Abstract

This paper reviews the contemporary challenges of the impact of information technology on human rights and criminal liabilities. Technologies that once enhanced the fight against human rights abuses are now being weaponized by state and non-state actors to harass, survey, and track the activities of citizens and violate their rights. Moreso, the innovation of artificial intelligence (AI) entities in critical sectors of human endeavors has thrown up issues of human rights implications of algorithm-based decision making. AI entities have displayed tendencies of bias and tended to be incapable of fair decisions at all times. The question is how safe is it to delegate some human mental activities such as making of decision to AIs? Generally, criminal liability arises out of the presence of two factors: mens rea and actus reus. The challenge is whether AI is capable of forming mens rea. This paper evaluates various views on these challenges with the aim of finding solutions to how the rights of citizens can be better protected against application of new technologies by both state and non-state actors. We will also examine whether our current criminal laws can be applied to hold AIs liable for criminal offences and proffer solutions how AIs should be treated with regard to criminal liabilities. This paper recommends that the Turing Test should be applied to determine whether an AI has the capacity to develop guilty mind or mens in order to determine its criminal liability