O CIBERESPAÇO, INTELIGÊNCIA ARTIFICIAL E RESPONSABILIDADE CIVIL

análise da responsabilização civil dos provedores de conexão e de aplicação nos casos de conteúdo ilícito gerado por terceiro

Abstract

Technological advances have made it possible to create a new space for human interactions: cyberspace. This, although it facilitated communication and information, also created a channel for the possible practice of illegal acts, and AI was even used to do so. In Brazil, the Marco Civil da Internet (MCI) regulates this matter, and a new regulation was proposed through PL nº 2,630/20, which was archived. From this project, the following questions arise: how would connection and application providers be held responsible for damages caused by illicit content generated by third parties and what would their new duties be? The general objective of this article is to analyze the impacts that the PL would have on the new duties and on the liability of providers for illegal acts caused by third parties. The specific objectives are: a) analyze the concept of cyberspace and the use of AI in it, in addition to the concepts of connection and application providers; b) verify how these providers are held responsible for damages caused by illicit content generated by third parties and their duties, according to the MCI; and c) analyze what the issue of provider liability would be like in the case of illegal content being generated by third parties and their new duties, in accordance with PL 2,630/20. Using the deductive method, it was concluded that the PL would add new hypotheses for holding the application provider responsible for illegal content generated by third parties, without the need for a court order, as well as determining new duties to be followed by these providers.