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Re:Court Ruling Could Affect the Future Direction of DAOs by tiku on Thursday April 06, 2023 @01:50PM (#35471863)
If the actions are done by code or an AI, who is liable?
Re:Court Ruling Could Affect the Future Direction of DAOs by yifanl on Thursday April 06, 2023 @01:56PM (#35471936)
Whoever made the decision was it to implement them as an actor, most likely?
Re:Court Ruling Could Affect the Future Direction of DAOs by JumpCrisscross on Thursday April 06, 2023 @02:36PM (#35472495)
> Whoever made the decision was it to implement them as an actor, most likely?

Directly, the holders of the DAO tokens. That’s what this case is about. Those holders may have further claims against the people who implemented the code or AI. But the liability begins with the general partners, i.e. the holders of the governance tokens.

Will be interesting to see the first judgements enforced against holders of a DAO.

Re:Court Ruling Could Affect the Future Direction of DAOs by majormajor on Thursday April 06, 2023 @02:10PM (#35472118)
Yeah, booby traps are the first example I can think of illegal automation that comes to mind where the property owner is liable. Setting up something and not pulling the trigger yourself doesn't absolve you.
Re:Court Ruling Could Affect the Future Direction of DAOs by vkou on Thursday April 06, 2023 @03:03PM (#35472876)
The people who own it.

Which, in this case, are the bag-holders. Looks like there are benefits to having a real corporation, instead of trying to re-invent corporate governance from scratch, without any input from the courts...

Re:Court Ruling Could Affect the Future Direction of DAOs by pjc50 on Thursday April 06, 2023 @03:08PM (#35472966)
The last people with intent who touched it, usually, which may mean the developers. Certainly that's what happened to the TornadoCash developers.

You can't just wind up a toy with a bomb strapped to it, walk away, and disclaim the consequences; nor can you do that with code.

Re:Court Ruling Could Affect the Future Direction of DAOs by Teever on Thursday April 06, 2023 @03:28PM (#35473214)
What if we can't tell who the last person was? Do we just go down the line until we find someone to blame? What if that person didn't add any of the menacing features of the code?

What if the last 'person' was gpt4? is openai responsible?

Re:Court Ruling Could Affect the Future Direction of DAOs by ARandumGuy on Thursday April 06, 2023 @03:46PM (#35473404)
The person responsible will be whoever the courts think is responsible. Courts use case law and judicial precedent to determine responsibility for a wide variety of complicated legal situations.

Things do get murky when there isn't a lot of existing precedent. That's why it's risky to engage in activities that are, let's just say "legally innovative."

Re:Court Ruling Could Affect the Future Direction of DAOs by wildzzz on Thursday April 06, 2023 @03:48PM (#35473439)
If they can't find the person solely responsible for something, then they got away.

If you make an AI that is hooked up to the internet and it does something criminal, you'd be liable. You can't just let your pitbull roam the streets and not be held liable when it bites someone.

Re:Court Ruling Could Affect the Future Direction of DAOs by Teever on Thursday April 06, 2023 @04:05PM (#35473626)
What if I release the AI onto the internet, and then tragically die in a car accident? Who is responsible for the AI? What happens when the AI spawns more AI, who is responsible for that?
Re:Court Ruling Could Affect the Future Direction of DAOs by notch898a on Thursday April 06, 2023 @04:17PM (#35473800)
Yeah this reminds me of a thought experiment with Ethereum virtual machines. If someone writes and produces the code for tornado cash, publishes it on the internet as free speech but never deploys it obviously they are not at fault. So lets say they publish it and some anonymous person from Somalia publishes it to the Ethereum network and the nodes absorb the program.

When then is responsible for the tornado cash instance? The Ethereum VM node operators who have no idea they're even running it? An unknowable person from Somalia?

Re:Court Ruling Could Affect the Future Direction of DAOs by EdwardDiego on Thursday April 06, 2023 @04:42PM (#35474109)
Most likely the node operators would be held to be liable if they're hosting illegal content and take no steps to prevent it.
Re:Court Ruling Could Affect the Future Direction of DAOs by notch898a on Thursday April 06, 2023 @04:46PM (#35474154)
Right now the node operators worldwide even to this day are running tornado cash on their EVM, including validating transactions to sanctioned contract addresses.
Re:Court Ruling Could Affect the Future Direction of DAOs by yokem55 on Thursday April 06, 2023 @07:28PM (#35475946)
And keep in mind, the US Treasury has said that it would issue licenses to Americans who need to be able to withdraw their legitimate funds from Tornado cash. Some validator needs to be able to process those transactions, and would have no idea whether any particular TC withdrawal is licensed or not.
Re:Court Ruling Could Affect the Future Direction of DAOs by JohnFen on Thursday April 06, 2023 @07:02PM (#35475713)
> Who is responsible for the AI?

A deceased person.

> What happens when the AI spawns more AI, who is responsible for that?

The creator of the first copy.

Re:Court Ruling Could Affect the Future Direction of DAOs by olliej on Thursday April 06, 2023 @03:46PM (#35473415)
The owners.

For example: Imagine I have a cow, and the cow escapes and goes on a rampage. I didn't make the cow escape, I didn't tell it to go on a rampage, and cows think for themselves so are autonomous.

That doesn't mean I get to claim the cow is liable for the damage.