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Air Canada is responsible for chatbot's mistake: B.C. tribunal

bc.ctvnews.ca

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Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#171
post #116

"In an argument that appeared to flabbergast a small claims adjudicator in British Columbia, the airline attempted to distance itself from its own chatbot's bad advice by claiming the online tool was "a separate legal entity that is responsible for its own actions." "This is a remarkable submission," Civil Resolution Tribunal (CRT) member Christopher Rivers wrote."" From https://www.cbc.ca/news/canada/british-columbi…

The claim is so outrageous that I wish there were a way (I assume there probably isn't) for the company or the lawyers to have been sanctioned outside what the plaintiff was asking for.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#172
post #116

"In an argument that appeared to flabbergast a small claims adjudicator in British Columbia, the airline attempted to distance itself from its own chatbot's bad advice by claiming the online tool was "a separate legal entity that is responsible for its own actions." "This is a remarkable submission," Civil Resolution Tribunal (CRT) member Christopher Rivers wrote."" From https://www.cbc.ca/news/canada/british-columbi…

IANAL, but it's astounding they took that as their defense, rather than pointing to a line (I hope?) in their ToS that says "This agreement is the complete terms of service, and cannot be amended or changed by any agent or representative of the company except by ... (some very specific process the bot can't follow)". I've seen this mentioned in several ToSs, I expect it to be standard boilerplate at this point ...

Those ToS statements overreach their capabilities a lot of the time. They're ammunition against the customer, but don't always hold up in the legal system.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#173

My take away from this is that Air Canada would rather fight a customer in court than suffer a few hundred dollar refund as the cost of figuring out they have a flaw in the consistency of their system. (And in the face of an extreme unlikelihood of winning against prevailing common sense, too.)

i imagine that paying out would set a precedent or provide future discoverable evidence that they want to avoid. fighting (and winning) might have allowed them to continue their chat bot system without needing to change anything.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#174

My take away from this is that Air Canada would rather fight a customer in court than suffer a few hundred dollar refund as the cost of figuring out they have a flaw in the consistency of their system. (And in the face of an extreme unlikelihood of winning against prevailing common sense, too.)

I wonder if they really thought this would set a precedent that benefited them.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#175
post #155

Earlier quoted context omitted.

Since when are contracts enforceable when one party is drunk?

A random AC employee who is having a bad day and hates his employer says "You are entitled to free flights for the rest of your life." Is Air Canada liable?

No, because no reasonable person would think that they had the authority to authorize that. Remember, the legal system is not computer code - judges look at things like intent and plausibility.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#176

Earlier quoted context omitted.

Chatbots aren't people and people are actually separate legal entities responsible for their own actions.

People working for companies are sometimes separate legal entities responsible for their own actions, and sometimes they act on behalf of the company they work for and the company is responsible for their actions. It depends.

A chatbot(computer) cannot be responsible for their own actions so the only half of the coin you have left is "the company is responsible for their actions."

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#177
post #155

Earlier quoted context omitted.

Since when are contracts enforceable when one party is drunk?

A random AC employee who is having a bad day and hates his employer says "You are entitled to free flights for the rest of your life." Is Air Canada liable?

No, because that's not "reasonable". My dad jokes that he's made a career off of determining what is "reasonable" and what isn't, and he's a contract attorney.

If you were standing at the customer service desk, and instead they said: "sorry about the delay, your next two flights are free", then all of a sudden this is "reasonable".

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#178

Earlier quoted context omitted.

That's fraud because you're in cahoots with your friend. If a random AC employee gave you a free flight, on the other hand, you'd be entitled to it. Anyway, the chat bot has no agency except that given to it by AC; unlike a human employee, therefore, its actions are 100% AC actions. I don't see how this is controversial? Why do people think that laws no longer apply when fancy high-tech pixie dust is sprinkled?

>If a random AC employee gave you a free flight, on the other hand, you'd be entitled to it. The company would be entirely within their rights to say 'this employee was wrong, that is not our policy, goodbye!'. This happens all the time with more minor incidents.

No idea about the US but this very same case was tested in France and some part of Germany in the late 90s when some PayTVs (Sky or Canal+, can't remember) tried to cancel multiple subscriptions offered with an extremely aggressive pricing by some of their agents. Courts concluded that the signed agreements superseded the official pricing and they had to offer the service for the entire length of the original subscription.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#179

Earlier quoted context omitted.

People working for companies are sometimes separate legal entities responsible for their own actions, and sometimes they act on behalf of the company they work for and the company is responsible for their actions. It depends.

A chatbot(computer) cannot be responsible for their own actions so the only half of the coin you have left is "the company is responsible for their actions."

Computers are inanimate objects and are not recognized as legal entities.

The legal system recognizes that people, or groups of people, are subject to legal authority. This is a story about a piece of software Air Canada implemented which resulted in them posting erroneous information on their website.

Re: Air Canada is responsible for chatbot's mistake: B.C. tribunal

#180

Earlier quoted context omitted.

Law and justice is not like a computer program that you can exploit and control without limits by being a hacker. If the chatbot told them that they'd get a billion dollars, the courts would not hold Air Canada responsible for it, just as if a programmer put a decimal wrong and prices became obviously wrong. In this case, the chat bot gave a policy within reason and the court awarded the passenger what the bot had pr…

This argument seems overly dramatic and distorted. Yes, in an outrageous situation like a billion-dollar mishap, most people would know something isn't right. But for a policy that appears legitimate, especially when it's replacing a human customer service rep, it's not that obvious. In these cases, Air Canada should definitely be held accountable.

Yes, that's exactly what I'm saying as well. Especially since they had already taken the customer's money.
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