An explainable algorithm would be useful to both sides. Can it be done? (Is the law entirely logical?)
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3985553
Antitrust by Algorithm
Technological innovation is changing private markets around the world. New advances in digital technology have created new opportunities for subtle and evasive forms of anticompetitive behavior by private firms. But some of these same technological advances could also help antitrust regulators improve their performance. We foresee that the growing digital complexity of the marketplace will necessitate that antitrust authorities increasingly rely on machine-learning algorithms to oversee market behavior. In making this transition, authorities will need to meet several key institutional challenges—building organizational capacity, avoiding legal pitfalls, and establishing public trust—to ensure successful implementation of antitrust by algorithm.
Lawyers defending AI?
https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8660862/
Protecting Sentient Artificial Intelligence: A Survey of Lay Intuitions on Standing, Personhood, and General Legal Protection
To what extent, if any, should the law protect sentient artificial intelligence (that is, AI that can feel pleasure or pain)? Here we surveyed United States adults (n = 1,061) on their views regarding granting 1) general legal protection, 2) legal personhood, and 3) standing to bring forth a lawsuit, with respect to sentient AI and eight other groups: humans in the jurisdiction, humans outside the jurisdiction, corporations, unions, non-human animals, the environment, humans living in the near future, and humans living in the far future. Roughly one-third of participants endorsed granting personhood and standing to sentient AI (assuming its existence) in at least some cases, the lowest of any group surveyed on, and rated the desired level of protection for sentient AI as lower than all groups other than corporations. We further investigated and observed political differences in responses; liberals were more likely to endorse legal protection and personhood for sentient AI than conservatives. Taken together, these results suggest that laypeople are not by-and-large in favor of granting legal protection to AI, and that the ordinary conception of legal status, similar to codified legal doctrine, is not based on a mere capacity to feel pleasure and pain. At the same time, the observed political differences suggest that previous literature regarding political differences in empathy and moral circle expansion apply to artificially intelligent systems and extend partially, though not entirely, to legal consideration, as well.
(Related)
The Ethics of Human–Robot Interaction and Traditional Moral Theories
The rapid introduction of different kinds of robots and other machines with artificial intelligence into different domains of life raises the question of whether robots can be moral agents and moral patients. In other words, can robots perform moral actions? Can robots be on the receiving end of moral actions? To explore these questions, this chapter relates the new area of the ethics of human–robot interaction to traditional ethical theories such as utilitarianism, Kantian ethics, and virtue ethics. These theories were developed with the assumption that the paradigmatic examples of moral agents and moral patients are human beings. As this chapter argues, this creates challenges for anybody who wishes to extend the traditional ethical theories to new questions of whether robots can be moral agents and/or moral patients.
My human is a good human, he told me so himself.
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3982051
AI Being Used To Explicate The Reputations Of Human Lawyers
Lawyers are apt to care quite a bit about their professional reputations. An attorney with a stellar legal reputation can presumably glean rewards accordingly, while an attorney with a dour reputation might find their legal career stinted. To ascertain the reputation of a lawyer, some are turning to AI as a means of ferreting out and essentially explicating the standing and repute of human attorneys. This use of AI is either welcomed or at times considered contemptible.
Wait for AI to tell us what is ethical?
https://digibug.ugr.es/handle/10481/72057
Artificial intelligence: «experimental philosophy» or a requirement of reality?
The power of information already exists in the world. Discussions about the formation of a «new social order», the philosophy of computer civilization, the methods of influencing the latest information and communication technologies on human life, the psychological and socio-economic consequences of total computerization of the globalized world, the latest ways and means solving the many problems that arise. The critical challenges facing humanity already exceed the intellectual capabilities of Homo sapiens to solve them. There is an urgent need to create high-performance universal computers that can reason and perform operations at the level of human intelligence or even surpass it, including critical thinking and creativity. It is about creating the so-called «artificial intelligence» (AI). However, this invention may in the future become a source of potential danger to human civilization, because without being a social being, artificial intelligence will function outside of human ethics, morality, psychology. Reasons to worry about the world's fascination with artificial intelligence are very real. No one can predict the consequences of the integration of superintelligence into society. The article analyzes the problem of creating AI and the social risks that may arise. The purpose of the study is due to the need for a deeper understanding of the essence of the concept of «artificial intelligence» and the identification of those tasks that it can solve in the field of mass communications and social relations.
Starting to see more articles on facial recognition.
https://link.springer.com/chapter/10.1007/978-3-030-90256-8_2
Facial Recognition and Privacy Rights
Biometric facial recognition is one of the most rapidly developing methods of biometric identification, with expanding applications across law enforcement, government and the private sector. Its capacity for integration with other technologies, such as closed circuit television (CCTV) and social media, differentiate it from DNA and fingerprint biometric identification. This chapter commences with a discussion of the technique of facial recognition and applications in identity verification, public surveillance, and the identification of unknown suspects. Its relative advantages and disadvantages, and the development of facial recognition around the world is explored. The discussion then examines how facial recognition databases developed from existing databases, such as driver’s licence photographs, can be integrated with CCTV systems, and most recently, with photographs from social media and the internet. The chapter then considers relevant ethical principles, including privacy, autonomy, security and public safety, and the implications for law and regulation in relation to facial recognition.
(Related)
https://www.ceeol.com/search/article-detail?id=997688
Assessment of the European legal framework of facial recognition technology
In an era where half of our face is hidden by a mask, facial recognition technology keeps improving. Despite the opportunities it represents in many fields, this innovative technology is far from winning unanimous support among European citizens and right advocates. Between abuses of use, security drifts and privacy breaches; many risks have been pointed out. The European Union institutions are thus increasingly aware of the importance to provide facial recognition with its own legal framework, so that it is no longer governed solely by the broader framework of data protection legislation.
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