By: Dr. Camilo Alfonso Escobar Mora ©
Founder of JURÍDIA – Learning and Research Center for Preventive Consumer Law in Digital Advertising
In our theory of preventive consumer law in digital advertising artificial intelligence is a means (properly: it is a product —good and / or service, depending on the case—) that can make the valid case (the valid case of business digital advertising) if necessary to do so. This means that the company’s diligence (commercial diligence —mercantile diligence—) defines when it is necessary to create and / or use artificial intelligence to make the valid case. Everything depends on the case.
For that reason: artificial intelligence is only necessary when it makes the valid case. That is to say: when the artificial intelligence makes a part, parts and / or the whole case valid it is necessary to create it and / or use it. So: it is diligent to create and / or use artificial intelligence when it makes a part of the case or the whole case valid. Properly: in the theory make the valid case means to make the facts of the case (case facts) are harmonic with the rules that apply to them in a way that those facts materialize those rules (in the case).
Therefore: if artificial intelligence contributes to that harmony and / or makes that harmony (depending on the case) it is diligent to create and / or use it. Properly: it is a duty (duty of diligence) to use and / or create artificial intelligence when it is necessary for the valid case (to make the valid case).
In fact: making the valid case is only achieved (done) if that validity is done in an effective way (efficient and effective). There is only the valid case if that harmony is done effectively. Properly: there is only the valid case if done diligently. The diligence is a rule (norm) applicable in the case. Then: the case can only be valid if it is harmonious with the rule (or rules) of diligence that apply to it (in general: the case is only valid if it is harmonious with all the rules that apply to it).
Therefore: when artificial intelligence is necessary to make the valid case it is a must (duty) to create it and / or use it to do it. It is only possible to make the valid case if its form is effective. Properly: creating and / or using artificial intelligence is a duty (duty of diligence) to make the valid case when it is necessary to make the harmony that makes the valid case and / or when it is necessary for that harmony to be in an effective way.
Then: the diligence (mercantile diligence —commercial diligence—) defines in each case if creation and / or use of artificial intelligence is necessary or unnecessary to make the valid case.