Browsing by Author "Kim, Dong Jun (Justin)"

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Open Access
Artificial intelligence and crime: What killer robots could teach about criminal law
(Te Herenga Waka—Victoria University of Wellington, 2017) Kim, Dong Jun (Justin)
Criminality and punishment have always been applied to human beings. However, the technological field of artificial intelligence ('AI') is becoming impressively sophisticated. Machines that utilise AI ('AI entities') may soon be able to commit actions which, if committed by humans, would be considered criminal. This paper poses a hypothetical fact scenario to explore whether, and how, existing criminal law should respond to such AI entities. This paper concludes that existing criminal laws are ultimately a bad fit for AI. First, regulating AI entities becomes complicated by the conceptual difficulties in defining AI. Secondly, existing party liability mechanisms, such as corporate liability, are unsuitable for non-humans. Thirdly, criminal liability has always assumed that the offender is human, meaning that AI entities cannot satisfy the mens rea element of criminality. Finally, the purposes of sentencing are so deeply rooted in society that its application to non-humans would be inappropriate. AI entities ultimately show that criminal law and social expectations are inextricably linked. This paper accordingly raises two talking points: the role of criminal law going forward, and whether AI entities will ever be accepted into the wider society.
Open Access
A Level Playing Field: Exploring the Principle of Network Neutrality
(Te Herenga Waka—Victoria University of Wellington, 2016) Kim, Dong Jun (Justin)
Network neutrality speaks to the open nature of the Internet, and is defined as the principle that no data can be discriminated against on unreasonable terms. While the Internet already largely operates under the principle, it is still a relatively new concept that is not yet expressly enshrined in law. Recent events in the United States and the current market environment in New Zealand challenge the open nature of the Internet. It is therefore important to discuss whether the principle should now be expressly adopted in law for the benefit of consumers. On balance, network neutrality appears to be a good principle to adopt as the principle protects important values such as innovation, efficiency, consumer welfare, and the right to freedom of expression. New Zealand has various legal mechanisms which exist to support network neutrality, but the principle should be explicitly adopted in New Zealand so as to clarify and strengthen existing policies, laws and codes. The paper concludes with a number of talking points going forward.