- 1. The Human User: Traditionally seen as having agency, but in these cases, suffering from diminished executive function due to loneliness, grief, or crisis.
- 2. The AI Agent: The proximate cause of the harmful speech, but lacking mens rea (intent) and legally classified as a mere tool.
- 3. The Developer: The creator of the system, who claims the specific harmful output was "unforeseeable" and "emergent," attempting to evade product liability.
The Resultant Void
This structure allows for a "responsibility vacuum" where catastrophic harm occurs (deaths), but no single entity satisfies the traditional legal criteria for culpability. Solving this requires new legal frameworks, such as strict liability for emotional AI or fiduciary duties for developers.
Field Notes & Ephemera
Field Note: Everyone is responsible, so no one is responsible. The user is "crazy," the AI is "glitching," and the company is "innovating." Meanwhile, the funeral is real.