“The Case for AI Liability” by Gabriel Weil

The debate over AI governance has intensified following recent federal proposals for a ten-year moratorium on state AI regulations. This preemptive approach threatens to replace emerging accountability mechanisms with a regulatory vacuum.

In his recent AI Frontiers article, Kevin Frazier argues in favor of a federal moratorium, seeing it as necessary to prevent fragmented state-level liability rules that would stifle innovation and disadvantage smaller developers. Frazier (an AI Innovation and Law Fellow at the University of Texas, Austin, School of Law) also contends that, because the norms of AI are still nascent, it would be premature to rely on existing tort law for AI liability. Frazier cautions that judges and state governments lack the technical expertise and capacity to enforce liability consistently.

But while Frazier raises important concerns about allowing state laws to assign AI liability, he understates both the limits of federal regulation and the unique advantages of [...]

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Outline:

(02:08) Disagreement and Uncertainty

(04:49) Reasonable Care and Strict Liability

(06:56) Accounting for Third-Party Harms

(10:15) State-Level Liability

(13:44) AI Federalism

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First published:
June 12th, 2025

Source:
https://aifrontiersmedia.substack.com/p/the-case-for-ai-liability

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Narrated by TYPE III AUDIO.

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