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Articles 1 - 24 of 24
Full-Text Articles in Law
Comment Letter On Sec’S Proposed Rule On Conflicts Of Interest Associated With The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, File Number S7-12-23, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Comment Letter On Sec’S Proposed Rule On Conflicts Of Interest Associated With The Use Of Predictive Data Analytics By Broker-Dealers And Investment Advisers, File Number S7-12-23, Sergio Alberto Gramitto Ricci, Christina M. Sautter
Faculty Works
This comment letter responds to the Securities and Exchange Commission’s proposed rule Release Nos. 34-97990; IA-6353; File Number S7-12-23 - Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker-Dealers and Investment Advisers. Our comments draw on our scholarship relating to laypersons’ participation in securities markets and the corporate sector as well as on the role of technology in corporate governance.
We express concerns that the SEC’s proposed regulation undermines individuals’ ability to access capital markets in an efficient and cost-effective manner. In the era of excessive concentration of equities ownership and power, often with negative societal …
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
When Machines Can Be Judge, Jury, And Executioner: Justice In The Age Of Artificial Intelligence (Book Review), Stacy Fowler
Faculty Articles
In When Machines Can Be Judge, Jury, and Executioner, former federal judge Katherine Forrest raises concerns over the pervasive use of artificial intelligence (AI) in the American justice system to produce risks and need assessments (RNA) regarding the probability of recidivism for citizens charged with a crime. Forrest’s argument centers on AI’s primary focus on utilitarian outcomes when assessing liberty for individual citizens. This approach leads Forrest to the conclusion that in its current form, AI is “ill-suited to the criminal justice context.” Forrest contends that AI should instead be programmed to focus on John Rawl’ 'concept of justice as …
The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough
The Library & Generative Ai, Nat Gustafson-Sundell, Mark Mccullough
Library Services Publications
A demonstration of several AI tools, including ChatGPT, ChatPDF, Consensus, and more. The focus of the session is on potential student uses of the tools and related library initiatives, so we address the limits of ChatGPT as an information source. Librarians can help students learn how to use these tools responsibly and provide leadership on campus as AI is integrated into assignments.
The Hipaa Privacy Rule At Age 25: Privacy For Equitable Ai, Barbara J. Evans
The Hipaa Privacy Rule At Age 25: Privacy For Equitable Ai, Barbara J. Evans
UF Law Faculty Publications
This Article argues that unconsented access to data is not ethically problematic in and of itself. What has made it problematic is the weak framework of alternative protections that the Privacy Rule prescribes when data are used without individual consent. This Article proposes specific measures to strengthen those protections so that the pursuit of greater health care equity need not imply a loss of meaningful privacy standards.
Part I describes two competing visions of how to protect data privacy, examining the roots of ongoing discontent with the Privacy Rule and tracing policymakers’ original rationale for fashioning a major federal privacy …
National Telecommunications And Information Administration: Comments From Researchers At Boston University And The University Of Chicago, Ran Canetti, Aloni Cohen, Chris Conley, Mark Crovella, Stacey Dogan, Marco Gaboardi, Woodrow Hartzog, Rory Van Loo, Christopher Robertson, Katharine B. Silbaugh
National Telecommunications And Information Administration: Comments From Researchers At Boston University And The University Of Chicago, Ran Canetti, Aloni Cohen, Chris Conley, Mark Crovella, Stacey Dogan, Marco Gaboardi, Woodrow Hartzog, Rory Van Loo, Christopher Robertson, Katharine B. Silbaugh
Faculty Scholarship
These comments were composed by an interdisciplinary group of legal, computer science, and data science faculty and researchers at Boston University and the University of Chicago. This group collaborates on research projects that grapple with the legal, policy, and ethical implications of the use of algorithms and digital innovation in general, and more specifically regarding the use of online platforms, machine learning algorithms for classification, prediction, and decision making, and generative AI. Specific areas of expertise include the functionality and impact of recommendation systems; the development of Privacy Enhancing Technologies (PETs) and their relationship to privacy and data security laws; …
Developing Ethics And Equity Principles, Terms And Engagement Tools, Ellen W. Clayton, Rachele Hendricks-Sturrup, Shilo Anders, Et Al.
Developing Ethics And Equity Principles, Terms And Engagement Tools, Ellen W. Clayton, Rachele Hendricks-Sturrup, Shilo Anders, Et Al.
Vanderbilt Law School Faculty Publications
Background:
Artificial intelligence (AI) and machine learning (ML) technology design and development continues to be rapid, despite major limitations in its current form as a practice and discipline to address all sociohumanitarian issues and complexities. From these limitations emerges an imperative to strengthen AI and ML literacy in underserved communities and build a more diverse AI and ML design and development workforce engaged in health research.
Objective:
AI and ML has the potential to account for and assess a variety of factors that contribute to health and disease and to improve prevention, diagnosis, and therapy. Here, we describe recent activities …
Diverse Patients’ Attitudes Towards Artificial Intelligence (Ai) In Diagnosis, Christopher Robertson, Andrew Woods, Kelly Bergstrand, Jessica Findley, Cayley Balser, Marvin J. Slepian
Diverse Patients’ Attitudes Towards Artificial Intelligence (Ai) In Diagnosis, Christopher Robertson, Andrew Woods, Kelly Bergstrand, Jessica Findley, Cayley Balser, Marvin J. Slepian
Faculty Scholarship
Artificial intelligence (AI) has the potential to improve diagnostic accuracy. Yet people are often reluctant to trust automated systems, and some patient populations may be particularly distrusting. We sought to determine how diverse patient populations feel about the use of AI diagnostic tools, and whether framing and informing the choice affects uptake. To construct and pretest our materials, we conducted structured interviews with a diverse set of actual patients. We then conducted a pre-registered (osf.io/9y26x), randomized, blinded survey experiment in factorial design. A survey firm provided n = 2675 responses, oversampling minoritized populations. Clinical vignettes were randomly manipulated in eight …
Equitable Ecosystem: A Two-Pronged Approach To Equity In Artificial Intelligence, Rangita De Silva De Alwis, Amani Carter, Govind Nagubandi
Equitable Ecosystem: A Two-Pronged Approach To Equity In Artificial Intelligence, Rangita De Silva De Alwis, Amani Carter, Govind Nagubandi
All Faculty Scholarship
Lawmakers, technologists, and thought leaders are facing a once-in-a-generation opportunity to build equity into the digital infrastructure that will power our lives; we argue for a two-pronged approach to seize that opportunity. Artificial Intelligence (AI) is poised to radically transform our world, but we are already seeing evidence that theoretical concerns about potential bias are now being borne out in the market. To change this trajectory and ensure that development teams are focused explicitly on creating equitable AI, we argue that we need to shift the flow of investment dollars. Venture Capital (VC) firms have an outsized impact in determining …
The Proposed Eu Directives For Ai Liability Leave Worrying Gaps Likely To Impact Medical Ai, Mindy Duffourc, Sara Gerke
The Proposed Eu Directives For Ai Liability Leave Worrying Gaps Likely To Impact Medical Ai, Mindy Duffourc, Sara Gerke
Faculty Scholarly Works
Two newly proposed Directives impact liability for artificial intelligence in the EU: a Product Liability Directive (PLD) and an AI Liability Directive (AILD). While these proposed Directives provide some uniform liability rules for AI-caused harm, they fail to fully accomplish the EU’s goal of providing clarity and uniformity for liability for injuries caused by AI-driven goods and services. Instead, the Directives leave potential liability gaps for injuries caused by some black-box medical AI systems, which use opaque and complex reasoning to provide medical decisions and/or recommendations. Patients may not be able to successfully sue manufacturers or healthcare providers for some …
Oh No, Another Chatgpt Post: Incorporating Ai-Powered Chatbots Into Legal Research Exercises And Assignments, Olivia Smith Schlinck
Oh No, Another Chatgpt Post: Incorporating Ai-Powered Chatbots Into Legal Research Exercises And Assignments, Olivia Smith Schlinck
Library Staff Online Publications
Since it was launched at the end of November 2022, the discourse around ChatGPT and AI search tools has been unrelenting. What impact will AI-powered chatbots have on education? Will students submit ChatGPT-written essays and homework assignments? Will AI make lawyers obsolete? Look, this chatbot just passed the bar exam! Wait a minute—is this thing. . . sentient?
Of Inventorship And Patent Ownership: Examining The Intersection Between Artificial Intelligence And Patent Law, Cheng Lim Saw, Zheng Wen Samuel Chan
Of Inventorship And Patent Ownership: Examining The Intersection Between Artificial Intelligence And Patent Law, Cheng Lim Saw, Zheng Wen Samuel Chan
Research Collection Yong Pung How School Of Law
Artificial intelligence (“AI”) has garnered much attention in recent years, with capabilities spanning the operation of self-driving cars to the emulation of the great artistic masters of old. The field has now been ostensibly enlarged in light of the professed abilities of AI machines to autonomously generate patentable inventions. This article examines the present state of AI technology and the suitability of existing patent law frameworks in accommodating it. Looking ahead, the authors also offer two recommendations in a bid to anticipate and resolve the challenges that future developments in AI technology might pose to patent law. In particular, the …
The Disembodied First Amendment, Nathan Cortez, William M. Sage
The Disembodied First Amendment, Nathan Cortez, William M. Sage
Faculty Scholarship
First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything from product labeling to marketing to ordinary business licensing. Courts extend protections to commercial speech that ordinarily extended only to core political and religious speech. And now, we are told, automated information generated for cryptocurrencies, robocalling, and social media bots are also protected speech under the Constitution. Where does it end? It begins, no doubt, with corporate and commercial speech. We show, however, that heightened protection for corporate and commercial speech is built on several “artifices” - …
Regulating The Risks Of Ai, Margot E. Kaminski
Regulating The Risks Of Ai, Margot E. Kaminski
Publications
Companies and governments now use Artificial Intelligence (“AI”) in a wide range of settings. But using AI leads to well-known risks that arguably present challenges for a traditional liability model. It is thus unsurprising that lawmakers in both the United States and the European Union (“EU”) have turned to the tools of risk regulation in governing AI systems.
This Article describes the growing convergence around risk regulation in AI governance. It then addresses the question: what does it mean to use risk regulation to govern AI systems? The primary contribution of this Article is to offer an analytic framework for …
Humans In The Loop, Nicholson Price Ii, Rebecca Crootof, Margot Kaminski
Humans In The Loop, Nicholson Price Ii, Rebecca Crootof, Margot Kaminski
Articles
From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these “human in the loop” systems. We make four contributions to the discourse.
First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify “the MABA-MABA trap,” which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into decision making process. Regardless …
Naïve Realism, Cognitive Bias, And The Benefits And Risks Of Ai, Harry Surden
Naïve Realism, Cognitive Bias, And The Benefits And Risks Of Ai, Harry Surden
Publications
In this short piece I comment on Orly Lobel's book on artificial intelligence (AI) and society "The Equality Machine." Here, I reflect on the complex topic of aI and its impact on society, and the importance of acknowledging both its positive and negative aspects. More broadly, I discuss the various cognitive biases, such as naïve realism, epistemic bubbles, negativity bias, extremity bias, and the availability heuristic, that influence individuals' perceptions of AI, often leading to polarized viewpoints. Technology can both exacerbate and ameliorate these biases, and I commend Lobel's balanced approach to AI analysis as an example to emulate.
Although …
Humans In The Loop, Rebecca Crootof, Margot E. Kaminski, W. Nicholson Price Ii
Humans In The Loop, Rebecca Crootof, Margot E. Kaminski, W. Nicholson Price Ii
Publications
From lethal drones to cancer diagnostics, humans are increasingly working with complex and artificially intelligent algorithms to make decisions which affect human lives, raising questions about how best to regulate these "human-in-the-loop" systems. We make four contributions to the discourse.
First, contrary to the popular narrative, law is already profoundly and often problematically involved in governing human-in-the-loop systems: it regularly affects whether humans are retained in or removed from the loop. Second, we identify "the MABA-MABA trap," which occurs when policymakers attempt to address concerns about algorithmic incapacities by inserting a human into a decision-making process. Regardless of whether the …
Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray
Generative And Ai Authored Artworks And Copyright Law, Michael D. Murray
Law Faculty Scholarly Articles
Generative art linked to non-fungible tokens (NFTs) is an extremely popular genre of art in the NFT universe. Many of the most famous NFT projects—CryptoPunks, Bored Ape Yacht Club, World of Women, Azuki, Chromie Squiggles, Clone X, and Moonbirds, just to name a few—involve generative art. But there is a potential copyrightability problem with generative art:
Under current United States copyright law, many examples of generative art might be held to be uncopyrightable.
Why does generative art fail in the copyrightability analysis? As discussed below, it is because the work might lack a human author. And at present, the U.S. …
Generative Ai Art: Copyright Infringement And Fair Use, Michael D. Murray
Generative Ai Art: Copyright Infringement And Fair Use, Michael D. Murray
Law Faculty Scholarly Articles
The discussion of AI copyright infringement or fair use often skips over all the required steps of the infringement analysis in order to focus on the most intriguing question, “Could a visual generative AI generate a work that potentially infringes a preexisting copyrighted work?” and then the discussion skips further ahead to, “Would the AI have a fair use defense, most likely under the transformative test?” These are relevant questions, but without considering the actual steps of the copyright infringement analysis, the discussion is misleading or even irrelevant. This neglecting of topics and stages of the infringement analysis fails to …
Artificial Intelligence And The Practice Of Law Part 1: Lawyers Must Be Professional And Responsible Supervisors Of Ai, Michael D. Murray
Artificial Intelligence And The Practice Of Law Part 1: Lawyers Must Be Professional And Responsible Supervisors Of Ai, Michael D. Murray
Law Faculty Popular Media
No abstract provided.
The Disembodied First Amendment, Nathan Cortez, William M. Sage
The Disembodied First Amendment, Nathan Cortez, William M. Sage
Faculty Journal Articles and Book Chapters
First Amendment doctrine is becoming disembodied—increasingly detached from human speakers and listeners. Corporations claim that their speech rights limit government regulation of everything from product labeling to marketing to ordinary business licensing. Courts extend protections to commercial speech that ordinarily extended only to core political and religious speech. And now, we are told, automated information generated for cryptocurrencies, robocalling, and social media bots are also protected speech under the Constitution. Where does it end? It begins, no doubt, with corporate and commercial speech. We show, however, that heightened protection for corporate and commercial speech is built on several “artifices” - …
Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes
Emerging Technology’S Language Wars: Ai And Criminal Justice, Carla L. Reyes
Faculty Journal Articles and Book Chapters
Work at the intersection of Artificial Intelligence systems (AI systems) and criminal justice suffers from a distinct linguistic disadvantage. As a highly interdisciplinary area of inquiry, researchers, lawmakers, software developers, engineers, judges, and the public all talk past each other, using the same words but as different terms of art. Evidence of these language wars largely derives from anecdote. To better assess the nature and scope of the problem, this Article uses corpus linguistics to reveal inherent value conflicts embedded in definitional differences and debates. Doing so offers a tool for reconciling specific linguistic ambiguities before they are embedded in …
Comments Of The Cordell Institute On Ai Accountability, Neil M. Richards, Woodrow Hartzog, Jordan Francis
Comments Of The Cordell Institute On Ai Accountability, Neil M. Richards, Woodrow Hartzog, Jordan Francis
Scholarship@WashULaw
These comments are a response to the National Telecommunications and Information Administration's 2023 request for comment on AI accountability (AI Accountability RFC, NTIA–2023–0005).
Responding to NTIA’s recent inquiry into AI assurance and accountability, we offer two main arguments regarding the importance of substantive legal protections. First, a myopic focus on concepts of transparency, bias mitigation, and ethics (for which procedural compliance efforts such as audits, assessments, and certifications are proxies) is insufficient when it comes to the design and implementation of accountable AI systems. We call rules built around transparency and bias mitigation “AI half-measures,” because they provide the appearance …
The Prediction Society: Algorithms And The Problems Of Forecasting The Future, Hideyuki Matsumi, Daniel J. Solove
The Prediction Society: Algorithms And The Problems Of Forecasting The Future, Hideyuki Matsumi, Daniel J. Solove
GW Law Faculty Publications & Other Works
Predictions about the future have been made since the earliest days of humankind, but today, we are living in a brave new world of prediction. Today’s predictions are produced by machine learning algorithms that analyze massive quantities of personal data. Increasingly, important decisions about people are being made based on these predictions.
Algorithmic predictions are a type of inference. Many laws struggle to account for inferences, and even when they do, the laws lump all inferences together. But as we argue in this Article, predictions are different from other inferences. Predictions raise several unique problems that current law is ill-suited …
The Use Of Ai-Based Technologies In Arbitrating Trust Disputes, Lee-Ford Tritt
The Use Of Ai-Based Technologies In Arbitrating Trust Disputes, Lee-Ford Tritt
UF Law Faculty Publications
An important debate has emerged concerning the potential application of Artificial Intelligence ("AI") to the arbitration decision-making process. At issue in this debate is the proper role, if any, of AI in rendering binding decisions. Although, to date, AI is not sufficiently developed to replace human arbitrators in making binding decisions, this has not stopped academics, judges, and practitioners from engaging in heated discourse on the topic. Yet, fervent participants on both sides of this debate have confined the parameters of this discussion to arbitration generically, neglecting any application to specific disciplines of law. Insights from these discussions have limited …