Bryan H. Choi: Shifting the focus of AI liability from the systems to the builders.

"A negligence-based approach is needed because it directs legal scrutiny on the actual persons responsible for creating and managing AI systems. 

"A step in that direction is found in California’s AI safety bill, which specifies that AI developers shall articulate and implement protocols that embody the "developer’s duty to take reasonable care to avoid producing a covered model or covered model derivative that poses an unreasonable risk of causing or materially enabling a critical harm" (emphasis added). 

"Although tech leaders have opposed California’s bill, courts don’t need to wait for legislation to allow negligence claims against AI developers." 

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