Last year, two Swiss artists programmed a Random Botnot Shopper, which every week would spend $100 in bitcoin to buy a random item from an anonymous Internet black market...all for an art project on display in Switzerland. It was a clever concept, except there was a problem. Most of the stuff the bot purchased was benign—fake Diesel jeans, a baseball cap with a hidden camera, a stash can, a pair of Nike trainers—but it also purchased ten ecstasy tablets and a fake Hungarian passport.
What do we do when a machine breaks the law? Traditionally, we hold the person controlling the machine responsible. People commit the crimes; the guns, lockpicks, or computer viruses are merely their tools. But as machines become more autonomous, the link between machine and controller becomes more tenuous.
Who is responsible if an autonomous military drone accidentally kills a crowd of civilians? Is it the military officer who keyed in the mission, the programmers of the enemy detection software that misidentified the people, or the programmers of the software that made the actual kill decision? What if those programmers had no idea that their software was being used for military purposes? And what if the drone can improve its algorithms by modifying its own software based on what the entire fleet of drones learns on earlier missions?
Maybe our courts can decide where the culpability lies, but that's only because while current drones may be autonomous, they're not very smart. As drones get smarter, their links to the humans that originally built them become more tenuous.
What if there are no programmers, and the drones program themselves? What if they are both smart and autonomous, and make strategic as well as tactical decisions on targets? What if one of the drones decides, based on whatever means it has at its disposal, that it no longer maintains allegiance to the country that built it and goes rogue?
Our society has many approaches, using both informal social rules and more formal laws, for dealing with people who won't follow the rules of society. We have informal mechanisms for small infractions, and a complex legal system for larger ones. If you are obnoxious at a party I throw, I won't invite you back. Do it regularly, and you'll be shamed and ostracized from the group. If you steal some of my stuff, I might report you to the police. Steal from a bank, and you'll almost certainly go to jail for a long time. A lot of this might seem more ad hoc than situation-specific, but we humans have spent millennia working this all out. Security is both political and social, but it's also psychological. Door locks, for example, only work because our social and legal prohibitions on theft keep the overwhelming majority of us honest. That's how we live peacefully together at a scale unimaginable for any other species on the planet.
How does any of this work when the perpetrator is a machine with whatever passes for free will? Machines probably won't have any concept of shame or praise. They won't refrain from doing something because of what other machines might think. They won't follow laws simply because it's the right thing to do, nor will they have a natural deference to authority. When they're caught stealing, how can they be punished? What does it mean to fine a machine? Does it make any sense at all to incarcerate it? And unless they are deliberately programmed with a self-preservation function, threatening them with execution will have no meaningful effect.
We are already talking about programming morality into thinking machines, and we can imagine programming other human tendencies into our machines, but we're certainly going to get it wrong. No matter how much we try to avoid it, we're going to have machines that break the law.
This, in turn, will break our legal system. Fundamentally, our legal system doesn't prevent crime. Its effectiveness is based on arresting and convicting criminals after the fact, and their punishment providing a deterrent to others. This completely fails if there's no punishment that makes sense.
We already experienced a small example of this after 9/11, which was when most of us first started thinking about suicide terrorists and how post-facto security was irrelevant to them. That was just one change in motivation, and look at how those actions affected the way we think about security. Our laws will have the same problem with thinking machines, along with related problems we can't even imagine yet. The social and legal systems that have dealt so effectively with human rulebreakers of all sorts will fail in unexpected ways in the face of thinking machines.
A machine that thinks won't always think in the ways we want it to. And we're not ready for the ramifications of that.