The Random Darknet Shopper is a bot that visits the deep web and goes shopping, randomly picking up items. Among some of the things it bought are ecstasy pills and a "very legit falsified Hungarian passport." When bots break the law, who becomes legally responsible for the purchase?
Are these artists liable for what the bot bought? Maybe. In the United States, at least, criminal law is predominantly statutory. We would have to look to the precise wording of the federal or local law and then apply it to the facts at hand. If, for instance, the law says a person may not knowingly purchase pirated merchandise or drugs, there is an argument that the artists did not violate the law. Whereas if the law says the person may not engage in this behavior recklessly, then the artists may well be found guilty, since they released the bot into an environment where they could be substantially certain some unlawful outcome would occur. I presume they even wanted the bot to yield illegal contraband to make the installation more exciting. Wanting a bad outcome doesn’t make it illegal (you cannot wish someone to death), but purposefully leaving the bot in the darknet until it yielded contraband seems hard to distinguish from intent.
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