Interesting
question. Do we have an answer?
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=5179224
Artificial
Intelligence and the Discrimination Injury
For
a decade, scholars have debated whether discrimination involving
artificial intelligence (AI) can be captured by existing
discrimination laws. This article argues that the challenge that
artificial intelligence poses for discrimination law stems not from
the specifics of any statute, but from the very conceptual framework
of discrimination law. Discrimination today is a species of tort,
concerned with rectifying individual injuries, rather than a law
aimed at broadly improving social or economic equality. As a result,
the doctrine centers blameworthiness and individualized notions of
injury. But it is also a
strange sort of tort that does not clearly define its injury.
Defining the discrimination harm is difficult and contested. As a
result, the doctrine skips over the injury question and treats a
discrimination claim as a process question about whether a defendant
acted properly in a single decisionmaking event. This
tort-with-unclear-injury formulation effectively merges the questions
of injury and liability: If a defendant did not act improperly, then
no liability attaches because a discrimination event did not occur.
Injury is tied to the single decision event and there is no room for
recognizing discrimination injury without liability.
This
formulation directly affects regulation of AI discrimination for two
reasons: First, AI decisionmaking is distributed; it is a combination
of software development, its configuration, and its application, all
of which are completed at different times and usually by different
parties. This means that the
mental model of a single decision and decisionmaker breaks down
in this context. Second, the process-based injury is fundamentally
at odds with the existence of “discriminatory” technology as a
concept. While we can easily conceive of discriminatory AI as a
colloquial matter, if there
is legally no discrimination event until the technology is used in an
improper way, then the technology cannot be considered discriminatory
until it is improperly used.
The
analysis leads to two ultimate conclusions. First, while the
applicability of disparate impact law to AI is unknown, as no court
has addressed the question head-on, liability will depend in large
part on the degree to which a court is willing to hold a
decisionmaker (e.g. and employer, lender, or landlord) liable for
using a discriminatory technology without adequate attention to the
effects, for a failure to either comparison shop or fix the AI.
Given the shape of the doctrine, the fact that the typical
decisionmaker is not tech savvy, and that they likely purchased the
technology on the promise of it being non- discriminatory, whether a
court would find such liability is an open question. Second,
discrimination law cannot be used to create incentives or penalties
for the people best able to address the problem of discriminatory
AI—the developers themselves. The Article therefore argues for
supplementing discrimination law with the application of a
combination of consumer protection, product safety, and products
liability—all legal doctrines meant to address the distribution of
harmful products on the open market, and all better suited to
directly addressing the products that create discriminatory harms.
Can
AI help?
https://taapublications.com/tijsrat/article/view/453
THE
IMPACT OF ARTIFICIAL INTELLIGENCE ON LEGAL SYSTEMS
Artificial
Intelligence (AI) is transforming sectors of the world, and the legal
sector is no different. The emerging use of AI technologies into the
judiciary has gigantic potential and issues. However, AI holds the
potential to enhance the efficacy of legal processes by automating
routine tasks like document searching, legal analysis, and contract
analysis,reducing the cost of legal services, and making legal
services more accessible. Artificial intelligence technologies such
as predictive analytics also possess the ability to facilitate better
decision-making by having the ability to distinguish between case law
trends and predict outcomes. However, the universal application of
AI also presents firm ethical, legal, and privacy concerns. Of these
is the possibility of algorithmic bias, which can lead to biased or
discriminatory judicial decisions. Another problem is a lack of
transparency in AI decision-making, and therefore it can be difficult
to explain how algorithms make decisions. Also, AI poses problems
for traditional legal systems, as they were designed to take into
account passive systems, not active ones. This paper discusses the
advantages as well as challenges of AI legal systems, having a
detailed look at their implications for lawyers, clients, and
lawmakers. By this analysis, the paper emphasizes the need for a
balanced regulatory environment for ensuring ethical use of AI while
protecting individuals' rights and upholding justice in the legal
system.
Perspective.
https://ojs.library.queensu.ca/index.php/surveillance-and-society/article/view/18975
Authoritarian
Surveillance: An Introduction
Authoritarian
surveillance is no longer an exceptional or rare practice. In many
parts of the world, we are witnessing an increase of pervasive
government monitoring, of curtailing privacy protections, of
stringent control of information flows, and of intimidation towards
self-censorship. These hallmarks of authoritarian surveillance are
not confined to authoritarian or undemocratic regimes. In a
political landscape that favours strongarm authoritarian leaders, the
boundaries between authoritarian and democratic regimes, the liberal
and the illiberal ones, are blurrier than ever. The increasing
availability of advanced technologies for analyzing (big) data,
particularly when integrated with artificial intelligence (AI), has
heightened the temptation for governments to adopt authoritarian
surveillance tools and practices—and has amplified the potential
dangers involved.
This
Dialogue section introduces the multiple dimensions of contemporary
authoritarian surveillance, going beyond a dichotomy between
“democratic” and “authoritarian” regimes to identify and map
authoritarian surveillance in diverse geographical and political
contexts. We focus on surveillance beyond the exceptional and beyond
the rule of law to examine an increasingly mundane but dangerous
practice undermining the limited democratic spaces that remain in our
world. The seven articles in this special Dialogue section explore
different angles of authoritarian surveillance— the technologies
that facilitate it, the laws that govern it, and the legacies that
precede it or linger thereafter—and the social and political
consequences that emerge as a result. Together, this collection
revisits existing literature on authoritarian surveillance, calls for
a renewed scholarly focus on its consequences, and proposes new
directions for future research.
Vol.
23 No. 1 (2025): Open Issue
Perspective.
https://sites.duke.edu/lawfire/2025/03/22/podcast-lt-gen-jack-shanahan-usaf-ret-on-the-military-uses-of-artificial-intelligence/
Podcast:
Lt Gen Jack Shanahan, USAF (Ret.) on “The Military Uses of
Artificial Intelligence”
Want
to get caught up on the latest about artificial intelligence (AI) in
the armed forces? Then today’s video of Prof Gary
Corn’s, Fireside
Chat with Lt
Gen John
N.T. “Jack” Shanahan,
USAF (Ret.), the former Director of the Department of Defense’s
Joint Artificial Intelligence Center, on “The
Military Uses of Artificial Intelligence”
is for you.