Manifest Availability
Date of Addition
26 April 2024
The manifest availability doctrine refers to the concept that AI's presence or existence is evident and apparent, either as a standalone entity or integrated into products and services. This term emphasizes that AI is not just an abstract concept but is tangibly observable and accessible in various forms in real-world applications. By understanding how AI is manifested in a given context, one can determine its role and involvement, which leads to a legal interpretation of AI's status as a legal or juristic entity. This is a principle or doctrine, which was proposed in the 2020 Handbook on AI and International Law (2021), and was further explained in the 2021 Handbook on AI and International Law (2022). References of this concept could also be found in Artificial Intelligence Ethics and International Law (originally published in 2019).
Here is a definition of the concept as per the 2020 Handbook on AI and International Law:
So, AI is again conceptually abstract despite having its different definitions and concepts. Also, there are different kinds of products and services, where AI can be present or manifestly available either as a Subject, an Object or that manifest availability is convincing enough to prove that AI resembles or at least vicariously or principally represents itself as a Third Party. Therefore, you need that SOTP classification initially to test the manifest availability of AI (you can do it through analyzing the systemic features of the product/service simply or the ML project), which is then followed by a generic legal interpretation to decide it would be a Subject/an Object/a Third Party (meaning using the SOTP classification again to decide the legal recourse of the AI as a legal/juristic entity).
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