Robohub.org
 

What the past of robotics law says about its future


by and
15 March 2016



share this:
Studio shot of stack of Lego robot at computer. Photo: bigstockphoto

Lego robot at computer.

One day, robots will present difficult legal challenges. This seems to be the consensus among commentators. And who am I to disagree? I have myself argued, right here on the digital pages of Slate, that robotics will generate no fewer puzzles for the law than the last transformative technology of our time—the Internet. Future courts will have to decide, for instance, whether a home robot manufacturer is responsible for the apps that run on it and whether to hold anyone accountable for robot behavior no one intended or foresaw.

So I’m in agreement with the many scholars, journalists, and others that see interesting times ahead for robotics law and policy. It turns out, however, that there are just as interesting times behind.

Robots have been in American society for half a century. And, like most technologies, they have occasioned legal disputes. A small team of research assistants and I went back and looked at hundreds of cases involving robots in some way or another over the past six years. The cases span a wide variety of legal contexts, including criminal, maritime, tort, immigration, import, tax, and other law. Together they tell a fascinating story about the way courts think about an increasingly important technology. (You can read the full paper, “Robots in American Law,” here.)

In many of the cases I came across, the role of the robot was incidental: The case would likely have come out just the same way were it not a robot at issue. Some of these incidental cases were fascinating. Nannuzzi v. King et al. (1987) involved an injury on a movie set where a robotic lawnmower malfunctioned and injured a cameraman. The film, written and directed by Stephen King, was Maximum Overdrive—a film about machines coming alive and attacking people. Nevertheless, the legal issue presented by a falling stage light would have been basically the same.

In other cases, however, it really seemed to matter that a robot was at issue. In White v. Samsung (1993), for example, a federal appellate court had to decide whether a robot version of Vanna White in a Samsung print ad “represented” the game show hostess for purposes of the right to publicity. The majority thought it did. The dissent was adamant it did not. “One is Vanna White,” said the dissent, “The other is a robot. No one could reasonably confuse the two.” Just a few years later the same court encountered a second case of robots emulating people—in this instance, Cliff and Norm from the television shows Cheers. Judge Alex Kozinski’s eventual dissent from a decision not to rehear the case began with the words, “Robots again.”

Professor scientist and a robot.

Professor scientist and a robot.

In Comptroller of the Treasury v. Family Entertainment Centers (1987), a Maryland court had to decide whether life-size, animatronic puppets that dance and sing at Chuck E. Cheese restaurants trigger a state tax on food “where there is furnished a performance.” The court went on at length about the nature of the term performanceand why a robot could not display the requisite spontaneity. Whereas in Louis Marx & Co. and Gehrig Hoban & Co., Inc. v. United States (1958), a customs court had to decide whether a “mechanical walking robot” being imported represented an animate object (and therefore a doll), which is taxed at a lower rate. The court went on to draw a distinction between a robot—which represents a human—and the toy in question—which only represents a robot.

Read the full piece at Slate.

This post originally appeared in the Center for Internet and Society.



tags: , ,


RyanCalo is a panel member for Robohub's Robotics by Invitation series.
RyanCalo is a panel member for Robohub's Robotics by Invitation series.

CIS Blog is produced by the Center for Internet and Society at Stanford Law School.
CIS Blog is produced by the Center for Internet and Society at Stanford Law School.





Related posts :



Robot Talk Episode 115 – Robot dogs working in industry, with Benjamin Mottis

  28 Mar 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Benjamin Mottis from ANYbotics about deploying their four-legged ANYmal robot in a variety of industries.

Robot Talk Episode 114 – Reducing waste with robotics, with Josie Gotz

  21 Mar 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Josie Gotz from the Manufacturing Technology Centre about robotics for material recovery, reuse and recycling.

Robot Talk Episode 113 – Soft robotic hands, with Kaspar Althoefer

  14 Mar 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Kaspar Althoefer from Queen Mary University of London about soft robotic manipulators for healthcare and manufacturing.

Robot Talk Episode 112 – Getting creative with robotics, with Vali Lalioti

  07 Mar 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Vali Lalioti from the University of the Arts London about how art, culture and robotics interact.

Robot Talk Episode 111 – Robots for climate action, with Patrick Meier

  28 Feb 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Patrick Meier from the Climate Robotics Network about how robots can help scale action on climate change.

Robot Talk Episode 110 – Designing ethical robots, with Catherine Menon

  21 Feb 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Catherine Menon from the University of Hertfordshire about designing home assistance robots with ethics in mind.

Robot Talk Episode 109 – Building robots at home, with Dan Nicholson

  14 Feb 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Dan Nicholson from MakerForge.tech about creating open source robotics projects you can do at home.

Robot Talk Episode 108 – Giving robots the sense of touch, with Anuradha Ranasinghe

  07 Feb 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Anuradha Ranasinghe from Liverpool Hope University about haptic sensors for wearable tech and robotics.





Robohub is supported by:




Would you like to learn how to tell impactful stories about your robot or AI system?


scicomm
training the next generation of science communicators in robotics & AI


©2024 - Association for the Understanding of Artificial Intelligence


 












©2021 - ROBOTS Association