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Automated Law Liability

Automated Law Liability. National Tax Ass’n Annual Conference Friday November 10 2017 Prof. Susie Morse. Now. Automated Law System (e.g. TurboTax. Contract for preparation of compliance filing. Automated Law System (e.g. TurboTax. Legal compliance obligation. Automated Law System

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Automated Law Liability

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  1. Automated Law Liability National Tax Ass’n Annual Conference Friday November 10 2017 Prof. Susie Morse

  2. Now Automated Law System (e.g. TurboTax Contract for preparation of compliance filing Automated Law System (e.g. TurboTax Legal compliance obligation Automated Law System (e.g. TurboTax

  3. In the future, maybe Automated Law System (e.g. TurboTax Contract for preparation of compliance filing AND insurance • Direct strict liability for • Clear legal errors • Unclear legal errors • Mixed errors of law and fact Automated Law System (e.g. TurboTax Obligation to not lie Automated Law System (e.g. TurboTax

  4. If strict liability for automated law system: • Address underdetection, underenforcement • Customized damages multiplier • Subrogation – system is primary litigant • Bonding/insurance • Confidentiality, privacy issues allocated to system

  5. What could go wrong? • Automated law systems become quasi-governmental; law becomes too pro-government • Government run systems also have unavoidable error and present converse problem • Collective mechanisms to address and fix errors, properly reallocate benefits to individual regulated parties, might be considered

  6. Thank you! Questions and comments?

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