In the era of artificial intelligence, individual (entity) terrorism and criminal activities will gradually increase.
Without this prevention, there is no guarantee that unacceptable consequences will not occur.
1. Reflection on the mainland's existing criminal policy on counter-terrorism
China's current criminal policy of "strike hard" and "leniency and severity" has some shortcomings and has limited role in preventing terrorism and criminal activities.
(1) There are deficiencies in the criminal policy of "strike hard" in the era of artificial intelligence
There may be several questions about the application of the criminal policy of "Strike Hard" to terrorist crimes committed using AI technology:
Terrorists use technical means to carry out terrorist activities. The level of "terror" is not necessarily lower than that perpetrated through traditional violent means.
How does the "strike hard" policy "toughly" crack down on the use of artificial intelligence to commit terrorist crimes, which are relatively hidden and virtual? Under the severe crackdown, will some terrorists be held criminally responsible? Will their guilt increase?
These terrorists are even willing to "die" for their "ideals", not to mention technological advances that facilitate their escape from capture.
Terrorist and extremist ideas are very easy to spread in areas and groups of people with weak mainstream culture and values.
This part of the region and population is highly susceptible to incitement and demagoguery, and AI technology may exacerbate the superstition of terrorist ideas in the region and this group of people, and the "strike hard" policy is difficult to effectively curb the spread of terrorist ideas.
With the advancement of machine deep learning, intelligent robots will gradually develop into autonomous "human-like" and "non-human-like", and how much deterrence will be produced to crack down on this part of the "group"?
For first-time offenders, occasional offenders and other actors who are slightly exposed to terrorism, will the "strike hard" cause them to "do the opposite" and shift from minor criminal acts to serious harm to society?
(2) How to achieve strictness and leniency, leniency and strictness, and leniency and softness
Is it strict with terrorists who commit violent crimes and lenient with terrorists who use nonviolent means?
For the problem of intelligent robots and human "machines" committing crimes together, "leniency and strictness" do not seem to give practical preventive measures.
Some scholars believe that an overemphasis on strict penal policies can make it difficult to curb terrorist crimes. Instead, terrorist groups can use this to portray terrorists as "freedom fighters" and "liberators" in order to confuse the public and gain support.
An overly lenient criminal policy will encourage terrorist activists to believe that the cost of terrorist crimes is extremely low, and it is equally difficult to achieve the goal of effectively curbing terrorist crimes.
2. Conclusion
Therefore, the criminal policy of "focusing on strictness and supplemented by leniency" is the way to effectively control the crime of terrorist activities.
The criminal policy of "leniency and severity" focuses on the social harm of crime, the subjective malignancy and personal danger of criminals, and does not give up the possibility of punishment for reforming terrorists.
However, it ignores the real-time nature of AI technology and the dangerous short-term irreversibility.
If humans or intelligent robots are lured or tricked into participating in terrorist activities, how can their terrorist and extremist ideas be eliminated?
1. Criminal law's response to advances in artificial intelligence
(1) Improve criminal law provisions on the use of artificial intelligence to commit terrorist crimes
First of all, it is necessary to implement the enemy's view of criminal law, and at appropriate times consider the establishment of a special section on crimes endangering public security: the crime of committing terrorist activities.
Establish the "crime of committing terrorism", define serious violent crimes of a terrorist nature, such as intentional homicide, intentional injury, throwing dangerous substances, kidnapping, robbery, explosion, etc., as terrorist crimes, and distinguish them from traditional crimes such as intentional homicide, without the need to punish several crimes together, so as to substantively reflect the essence of terrorist crimes.
The new cybercrimes added to the Ninth Amendment to the Criminal Law, such as the crime of "refusing to perform information network security management obligations" and "infringing on citizens' personal information", regulate cybercrime to a certain extent.
However, ignoring that the above acts can become "predicated" crimes to terrorist crimes may also cause social panic.
Acts such as disrupting the order of information management and refusing to perform information network security for the purpose of terrorist crimes may be considered in the section "Committing the crime of terrorist activities", but such legislative models may form excessive legal competition and need to be carefully chosen.
In order to correctly identify cyber terrorist attacks and avoid treating serious terrorist attacks on computer information systems as misdemeanors, the crime of "cyber terrorist attacks" can be established in the section "Committing terrorist activities" to distinguish ordinary computer crimes.
Terrorist crimes committed by using artificial intelligence are included in the section of "crimes of committing terrorist activities", and "crimes of violent terrorism using artificial intelligence" are added, and acts such as homicide, arson, and the release of dangerous substances committed by artificial intelligence are regulated as crimes.
Because violent terrorist activities carried out using artificial intelligence cannot be punished by the relevant terrorist crimes stipulated in Article 120 of the Criminal Law, this new type of violent terrorist crime should be regulated as a new crime.
(2) A regulatory scheme for intelligent robots to commit terrorist crimes alone or human-machine joint crimes
The terrorist crimes committed by strong artificial intelligence entities are not alarmist, and the terrorist criminal activities committed against this new subject can formulate response measures from two aspects: the general provisions of the criminal law and the sub-provisions of the criminal law.
That is, in the general provisions of the criminal law, intelligent robots are included in the scope of criminal responsibility, and in the sub-provisions of the criminal law, the behavior of intelligent robots is convicted and punished as "intelligent robots committing terrorist crimes".
2. The general provisions of the Criminal Law give intelligent robots the status of criminal subjects.
In the sub-provisions of the Criminal Law, "intelligent robots commit the crime of terrorism" is added and placed in the section "crime of committing terrorist activities".
Intelligent robots committing terrorist crimes will seriously endanger human security, and should be judged in advance and regulated with special crimes to ensure that their crimes against humanity are severely punished.
Regardless of whether artificial intelligence is currently able to learn human errors, emotions, free consciousness, and generate autonomous consciousness, as artificial intelligence learns more and more, it obtains a considerable degree of cognition and takes action through deep learning capabilities.
When such behavior is harmful to the survival and development of human beings, we cannot sit idly by.
While we are still struggling with whether AI will develop consciousness, AI has advanced. The comprehensive application of artificial intelligence in social development brings more risks and is highly uncertain and unpredictable.
AI terrorism is one of the influences that affects almost every aspect and membership of human social life.
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