On September 7, 2026, I participated in “Tort Law in the Age of AI”, a symposium organized by the Central District of the Israel Bar Association and held at Beit HaPraklit in Rishon LeZion. I delivered a lecture titled “The Cheapest Cost Avoider Is Dead: Redesigning Tort Law in the Age of Artificial Intelligence”.
My central claim was that artificial intelligence separates proximity to harm from the information, control, and capacity required to govern risk. In multilayered algorithmic systems, developers, platform providers, deploying institutions, and end users each control a different part of the risk. Focusing on the “last human” in the chain – the physician, driver, or bank officer – may therefore impose responsibility where meaningful control is absent while overlooking the actors who actually shape the risk.
I proposed the Best Algorithmic Risk Governor (BARG): the actor, or group of actors, best positioned to collect and interpret risk information, assess competing courses of action, and implement systemic change. The framework shifts the inquiry from who “touched” the harm to who governs the system that repeatedly produces it.
The symposium brought together retired judges and legal professionals for a thoughtful discussion about the future of tort law. I am grateful to the Central District of the Israel Bar Association, Judge (ret.) Rachamim Cohen, and all the organizers for the invitation and the engaging professional exchange.
View the full symposium program here.
