Heads
up:
The
Fall
Privacy Foundation Seminar is scheduled for Friday, October 27th.
Recent
Developments in State Privacy Laws
*The
Colorado Privacy Act
*State
Privacy Laws in Colorado compared to states like California and
Virginia
Our
Panel include:
Corinne
O'Doherty, Senior Legislative Aide for Rep. Meg Froelich
Jefferey
Riester from Attorney General Phil Weiser's Office
Shelby
Dolen from Husch Blackwell
Send
comments to the Privacy Foundation at privacyfoundation@law.du.edu
and
copy John Soma at jsoma@law.du.edu.
Can the law evolve as fast as AI?
https://eprints.ugd.edu.mk/32279/
Civil
liability for AI in EU: General remarks
Artificial Intelligence (AI) has become an
increasingly prominent and influential technology in modern society,
permeating various sectors and significantly impacting the way we
live, work, and interact. AI systems possess the ability to analyze
vast amounts of data, recognize patterns, and make complex decisions
with remarkable speed and accuracy. As a result, AI has facilitated
significant improvements in efficiency, productivity, and
problem-solving capabilities across various industries. From
autonomous vehicles enhancing transportation safety to intelligent
virtual assistants streamlining everyday tasks, AI has showcased
immense potential in transforming societal functions. Nevertheless,
alongside its transformative power, AI presents inherent risks and
potential for damage. As AI systems become increasingly autonomous
and capable of independent decision-making, questions regarding
liability arise. Tort law, with its focus on civil wrongs and
compensation for damage, plays a crucial role in determining legal
accountability when AI-related damages occur. The complexities
surrounding liability in AI are magnified due to the intricate
interplay between human agency and machine autonomy, raising
challenging legal questions that demand careful consideration.
This contribution aims to present a general
overview of the liability regimes currently in place in EU Member
States and to determine if they provide for an adequate distribution
of all such risks. The starting idea of this research is that such
cases in the EU will often have different outcomes due to peculiar
features of these legal systems that may play a decisive role,
especially in cases involving AI. Mainly, these
legal regimes largely attribute liability to human actors,
emphasizing concepts such as negligence or intentional misconduct.
On the other hand, although there are strict liabilities in place in
all European jurisdictions, for the legal theory at present many
AI systems do not fall under these regimes, and the
victims are left with the sole option of pursuing their claims via
fault liability.
How does that work? An obvious question?
https://www.pnas.org/doi/abs/10.1073/pnas.2301842120
Interpretable
algorithmic forensics
One of the most troubling trends in criminal
investigations is the growing use of “black box” technology, in
which law enforcement rely on artificial intelligence (AI) models or
algorithms that are either too complex for people to understand or
they simply conceal how it functions. In criminal cases, black box
systems have proliferated in forensic areas such as DNA mixture
interpretation, facial recognition, and recidivism risk assessments.
The champions and critics of AI argue, mistakenly, that we face a
catch 22: While black box
AI is not understandable by people, they assume that it produces more
accurate forensic evidence. In this Article, we question this
assertion, which has so powerfully affected judges,
policymakers, and academics. We describe a mature body of computer
science research showing how “glass box” AI—designed to be
interpretable—can be more accurate than black box alternatives.
Indeed, black box AI performs predictably worse in settings like the
criminal system. Debunking the black box performance myth has
implications for forensic evidence, constitutional criminal procedure
rights, and legislative policy. Absent some compelling—or even
credible—government interest in keeping AI as a black box, and
given the constitutional rights and public safety interests at stake,
we argue that a substantial
burden rests on the government to justify black box AI in criminal
cases. We conclude by calling for judicial rulings and
legislation to safeguard a right to interpretable forensic AI.
It is
sounding less and less likely that AI will replace lawyers. Darn.
https://techreg.org/article/view/17979
All
Rise for the Honourable Robot Judge?
There is a
rich literature on the challenges that AI poses to the legal order.
But to what extent might such systems also offer part of the
solution? China, which has among the least developed rules to
regulate conduct by AI systems, is at the forefront of using that
same technology in the courtroom. This is a double-edged sword,
however, as its use implies a view of law that is instrumental, with
parties to proceedings treated as means rather than ends. That, in
turn, raises fundamental questions about the nature of law and
authority: at base, whether law is reducible to code that can
optimize the human condition, or if it must remain a site of
contestation, of politics, and inextricably linked to institutions
that are themselves accountable to a public. For many of the
questions raised, the rational answer will be sufficient; but for
others, what the answer is may be less important than how and why it
was reached, and whom an affected population can hold to account for
its consequences.
New
approach?
https://www.research.unipd.it/handle/11577/3496800
Artificial
Intelligence, the Public Space, and the Right to Be Ignored
AI is
capable of is occupying, patrolling, and even controlling the
physical space. The issue of Artificial Face Recognition is only the
most visible aspect of a much broader phenomenon, as computer vision
empowers private and public entities to capture a great deal of
information that is available in the public sphere in an
unprecedented way, challenging how public law conceives public
spaces. Despite significant differences, various legal orders are
similarly concerned with this phenomenon, which is shifting the
boundaries between what is private and what is public. This Chapter
i) explains how, because of AI, public
spaces are morphing into something new; ii) argues for the
protection of anonymity; iii) demonstrates the failures of several
contemporary theorizations of public places and that the standard
privacy paradigm fails to provide sufficient protection; iv) proposes
a new approach to the topic. Drawing from different legal orders, it
ultimately argues for a reconceptualization of the public sphere in a
way that mitigates the impact of AI on social life.