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Articles 1 - 30 of 36
Full-Text Articles in Computer Law
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
Computationally Assessing Suspicion, Wesley M. Oliver, Morgan A. Gray, Jaromir Savelka, Kevin D. Ashley
University of Cincinnati Law Review
Law enforcement officers performing drug interdiction on interstate highways have to decide nearly every day whether there is reasonable suspicion to detain motorists until a trained dog can sniff for the presence of drugs. The officers’ assessments are often wrong, however, and lead to unnecessary detentions of innocent persons and the suppression of drugs found on guilty ones. We propose a computational method of evaluating suspicion in these encounters and offer experimental results from early efforts demonstrating its feasibility. With the assistance of large language and predictive machine learning models, it appears that judges, advocates, and even police officers could …
Code And Prejudice: Regulating Discriminatory Algorithms, Bernadette M. Coyle
Code And Prejudice: Regulating Discriminatory Algorithms, Bernadette M. Coyle
Washington and Lee Law Review Online
In an era dominated by efficiency-driven technology, algorithms have seamlessly integrated into every facet of daily life, wielding significant influence over decisions that impact individuals and society at large. Algorithms are deliberately portrayed as impartial and automated in order to maintain their legitimacy. However, this illusion crumbles under scrutiny, revealing the inherent biases and discriminatory tendencies embedded in ostensibly unbiased algorithms. This Note delves into the pervasive issues of discriminatory algorithms, focusing on three key areas of life opportunities: housing, employment, and voting rights. This Note systematically addresses the multifaceted issues arising from discriminatory algorithms, showcasing real-world instances of algorithmic …
Regulation Priorities For Artificial Intelligence Foundation Models, Matthew R. Gaske
Regulation Priorities For Artificial Intelligence Foundation Models, Matthew R. Gaske
Vanderbilt Journal of Entertainment & Technology Law
This Article responds to the call in technology law literature for high-level frameworks to guide regulation of the development and use of Artificial Intelligence (AI) technologies. Accordingly, it adapts a generalized form of the fintech Innovation Trilemma framework to argue that a regulatory scheme can prioritize only two of three aims when considering AI oversight: (1) promoting innovation, (2) mitigating systemic risk, and (3) providing clear regulatory requirements. Specifically, this Article expressly connects legal scholarship to research in other fields focusing on foundation model AI systems and explores this kind of system’s implications for regulation priorities from the geopolitical and …
The Perks Of Being Human, Max Stul Oppenheimer
The Perks Of Being Human, Max Stul Oppenheimer
Washington and Lee Law Review Online
The power of artificial intelligence has recently entered the public consciousness, prompting debates over numerous legal issues raised by use of the tool. Among the questions that need to be resolved is whether to grant intellectual property rights to copyrightable works or patentable inventions created by a machine, where there is no human intervention sufficient to grant those rights to the human. Both the U. S. Copyright Office and the U. S. Patent and Trademark Office have taken the position that in cases where there is no human author or inventor, there is no right to copyright or patent protection. …
Regulating Uncertain States: A Risk-Based Policy Agenda For Quantum Technologies, Tina Dekker, Florian Martin-Bariteau
Regulating Uncertain States: A Risk-Based Policy Agenda For Quantum Technologies, Tina Dekker, Florian Martin-Bariteau
Canadian Journal of Law and Technology
Many countries are taking a national approach to developing quantum strategies with a strong focus on innovation. However, societal, ethical, legal, and policy considerations should not be an afterthought that is pushed aside by the drive for innovation. A responsible, global approach to quantum technologies that considers the legal, ethical, and societal dimensions of quantum technologies is necessary to avoid exacerbating existing global inequalities. Quantum technologies are expected to disrupt other transformative technologies whose legal landscape is still under development (e.g., artificial intelligence [‘‘AI”], blockchain, etc.). The shortcomings of global policies regarding AI and the digital context teach lessons that …
Recognizing Operators’ Duties To Properly Select And Supervise Ai Agents – A (Better?) Tool For Algorithmic Accountability, Richard Zuroff
Recognizing Operators’ Duties To Properly Select And Supervise Ai Agents – A (Better?) Tool For Algorithmic Accountability, Richard Zuroff
Canadian Journal of Law and Technology
In November of 2020, the Privacy Commissioner of Canada proposed creating GDPR-inspired rights for decision subjects and allowing financial penalties for violations of those rights. Shortly afterward, the proposal to create a right to an explanation for algorithmic decisions was incorporated into Bill C-11, the Digital Charter Implementation Act. This commentary proposes that creating duties for operators to properly select and supervise artificial agents would be a complementary, and potentially more effective, accountability mechanism than creating a right to an explanation. These duties would be a natural extension of employers’ duties to properly select and retain human employees. Allowing victims …
Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon
Using Artificial Intelligence In The Law Review Submissions Process, Brenda M. Simon
Faculty Scholarship
The use of artificial intelligence to help editors examine law review submissions may provide a way to improve an overburdened system. This Article is the first to explore the promise and pitfalls of using artificial intelligence in the law review submissions process. Technology-assisted review of submissions offers many possible benefits. It can simplify preemption checks, prevent plagiarism, detect failure to comply with formatting requirements, and identify missing citations. These efficiencies may allow editors to address serious flaws in the current selection process, including the use of heuristics that may result in discriminatory outcomes and dependence on lower-ranked journals to conduct …
Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba
Algorithmic Governance From The Bottom Up, Hannah Bloch-Wehba
Faculty Scholarship
Artificial intelligence and machine learning are both a blessing and a curse for governance. In theory, algorithmic governance makes government more efficient, more accurate, and more fair. But the emergence of automation in governance also rests on public-private collaborations that expand both public and private power, aggravate transparency and accountability gaps, and create significant obstacles for those seeking algorithmic justice. In response, a nascent body of law proposes technocratic policy changes to foster algorithmic accountability, ethics, and transparency.
This Article examines an alternative vision of algorithmic governance, one advanced primarily by social and labor movements instead of technocrats and firms. …
Content Moderation As Surveillance, Hannah Bloch-Wehba
Content Moderation As Surveillance, Hannah Bloch-Wehba
Faculty Scholarship
Technology platforms are the new governments, and content moderation is the new law, or so goes a common refrain. As platforms increasingly turn toward new, automated mechanisms of enforcing their rules, the apparent power of the private sector seems only to grow. Yet beneath the surface lies a web of complex relationships between public and private authorities that call into question whether platforms truly possess such unilateral power. Law enforcement and police are exerting influence over platform content rules, giving governments a louder voice in supposedly “private” decisions. At the same time, law enforcement avails itself of the affordances of …
Distributed Governance Of Medical Ai, W. Nicholson Price Ii
Distributed Governance Of Medical Ai, W. Nicholson Price Ii
SMU Science and Technology Law Review
Artificial intelligence (AI) has the potential to democratize expertise in medicine, bring expertise previously limited to specialists to a variety of health-care settings. But AI can easily falter, and making sure that AI works well across that variety of settings is a challenging task. Centralized governance, such as review by the Food and Drug Administration, can only do so much, since system performance will depend on the particular health-care setting and how the AI system is integrated into setting-specific clinical workflows. This Essay presents the need for distributed governance, where some oversight tasks are undertaken in localized settings. It points …
Artificial Intelligence In Canadian Healthcare: Will The Law Protect Us From Algorithmic Bias Resulting In Discrimination?, Bradley Henderson, Colleen M. Flood, Teresa Scassa
Artificial Intelligence In Canadian Healthcare: Will The Law Protect Us From Algorithmic Bias Resulting In Discrimination?, Bradley Henderson, Colleen M. Flood, Teresa Scassa
Canadian Journal of Law and Technology
In this article, we canvas why AI may perpetuate or exacerbate extant discrimination through a review of the training, development, and implementation of healthcare-related AI applications and set out policy options to militate against such discrimination. The article is divided into eight short parts including this introduction. Part II focuses on explaining AI, some of its basic functions and processes, and its relevance to healthcare. In Part III, we define and explain the difference and relationship between algorithmic bias and data bias, both of which can result in discrimination in healthcare settings, and provide some prominent examples of healthcare-related AI …
Modeling Through, Ryan Calo
Modeling Through, Ryan Calo
Articles
Theorists of justice have long imagined a decision-maker capable of acting wisely in every circumstance. Policymakers seldom live up to this ideal. They face well-understood limits, including an inability to anticipate the societal impacts of state intervention along a range of dimensions and values. Policymakers cannot see around corners or address societal problems at their roots. When it comes to regulation and policy-setting, policymakers are often forced, in the memorable words of political economist Charles Lindblom, to “muddle through” as best they can.
Powerful new affordances, from supercomputing to artificial intelligence, have arisen in the decades since Lindblom’s 1959 article …
The Ratio Method: Addressing Complex Tort Liability In The Fourth Industrial Revolution, Harrison C. Margolin, Grant H. Frazier
The Ratio Method: Addressing Complex Tort Liability In The Fourth Industrial Revolution, Harrison C. Margolin, Grant H. Frazier
St. Mary's Law Journal
Emerging technologies of the Fourth Industrial Revolution show fundamental promise for improving productivity and quality of life, though their misuse may also cause significant social disruption. For example, while artificial intelligence will be used to accelerate society’s processes, it may also displace millions of workers and arm cybercriminals with increasingly powerful hacking capabilities. Similarly, human gene editing shows promise for curing numerous diseases, but also raises significant concerns about adverse health consequences related to the corruption of human and pathogenic genomes.
In most instances, only specialists understand the growing intricacies of these novel technologies. As the complexity and speed of …
Natural Language Processing For Lawyers And Judges, Frank Fagan
Natural Language Processing For Lawyers And Judges, Frank Fagan
Michigan Law Review
A Review of Law as Data: Computation, Text, & the Future of Legal Analysis. Edited by Michael A. Livermore and Daniel N. Rockmore.
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali
Catholic University Journal of Law and Technology
This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.
Administrative Law In The Automated State, Cary Coglianese
Administrative Law In The Automated State, Cary Coglianese
All Faculty Scholarship
In the future, administrative agencies will rely increasingly on digital automation powered by machine learning algorithms. Can U.S. administrative law accommodate such a future? Not only might a highly automated state readily meet longstanding administrative law principles, but the responsible use of machine learning algorithms might perform even better than the status quo in terms of fulfilling administrative law’s core values of expert decision-making and democratic accountability. Algorithmic governance clearly promises more accurate, data-driven decisions. Moreover, due to their mathematical properties, algorithms might well prove to be more faithful agents of democratic institutions. Yet even if an automated state were …
Book Review, Aamir S. Abdullah
The Law Of Ai, Margot Kaminski
Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield
Human-Machine Teaming And Its Legal And Ethical Implications, Jim Q. Chen, Thomas Wingfield
Military Cyber Affairs
Humans rely on machines in accomplishing missions while machines need humans to make them more intelligent and more powerful. Neither side can go without the other, especially in complex environments when autonomous mode is initiated. Things are becoming more complicated when law and ethical principles should be applied in these complex environments. One of the solutions is human-machine teaming, as it takes advantage of both the best humans can offer and the best that machines can provide. This article intends to explore ways of implementing law and ethical principles in artificial intelligence (AI) systems using human-machine teaming. It examines the …
The Digital Samaritans, Eldar Haber
The Digital Samaritans, Eldar Haber
Washington and Lee Law Review
Bystanderism is becoming largely digital. If being subjected to perilous situations was once reserved almost solely for the physical world, individuals now might witness those in peril digitally from afar via online livestreams. New technological developments in the field of artificial intelligence (AI) might also expand bystanderism to new fields, whereby machines—not just humans—are gradually positioned to better compute their surroundings, thus potentially being capable of reaching a high statistical probability that a perilous situation is currently taking place in their vicinity. This current and future expansion of bystanderism into the digital world forms a rather new type of digital …
Literature Review: How U.S. Government Documents Are Addressing The Increasing National Security Implications Of Artificial Intelligence, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
This article emphasizes the increasing importance of artificial intelligence (AI) in military and national security policy making. It seeks to inform interested individuals about the proliferation of publicly accessible U.S. government and military literature on this multifaceted topic. An additional objective of this endeavor is encouraging greater public awareness of and participation in emerging public policy debate on AI's moral and national security implications..
Rules As Code: Seven Levels Of Digitisation, Meng Weng Wong
Rules As Code: Seven Levels Of Digitisation, Meng Weng Wong
Research Collection Yong Pung How School Of Law
A guide intended to accelerate sensemaking in discussions involving Rules as Code. Without a common frame of reference, project stakeholders risk talking at cross purposes. Stakeholders contemplating a “digital transformation” project in the legal domain, such as a “Rules as Code” exercise or a RegTech / SupTech proof-of-concept, may find this document useful to agree on a common vocabulary to facilitate discussion and planning. To that end, this document classifies “digital transformation” of legal rules into a hierarchy of levels which can be included as terms of reference in planning discussions. While this document is informed by academic discourse, it …
A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz
A Siri-Ous Societal Issue: Should Autonomous Artificial Intelligence Receive Patent Or Copyright Protection?, Samuel Scholz
Cybaris®
No abstract provided.
Artificial Intelligence Inventions & Patent Disclosure, Tabrez Y. Ebrahim
Artificial Intelligence Inventions & Patent Disclosure, Tabrez Y. Ebrahim
Faculty Scholarship
Artificial intelligence (“AI”) has attracted significant attention and has imposed challenges for society. Yet surprisingly, scholars have paid little attention to the impediments AI imposes on patent law’s disclosure function from the lenses of theory and policy. Patents are conditioned on inventors describing their inventions, but the inner workings and the use of AI in the inventive process are not properly understood or are largely unknown. The lack of transparency of the parameters of the AI inventive process or the use of AI makes it difficult to enable a future use of AI to achieve the same end state. While …
Neuroscience, Artificial Intelligence, And The Case Against Solitary Confinement, Francis X. Shen
Neuroscience, Artificial Intelligence, And The Case Against Solitary Confinement, Francis X. Shen
Vanderbilt Journal of Entertainment & Technology Law
Prolonged solitary confinement remains in widespread use in the United States despite many legal challenges. A difficulty when making the legal case against solitary confinement is proffering sufficiently systematic and precise evidence of the detrimental effects of the practice on inmates' mental health. Given this need for further evidence, this Article explores how neuroscience and artificial intelligence (AI) might provide new evidence of the effects of solitary confinement on the human brain.
This Article argues that both neuroscience and AI are promising in their potential ability to present courts with new types of evidence on the effects of solitary confinement …
Artificial Intelligence And Law: An Overview, Harry Surden
Artificial Intelligence And Law: An Overview, Harry Surden
Publications
Much has been written recently about artificial intelligence (AI) and law. But what is AI, and what is its relation to the practice and administration of law? This article addresses those questions by providing a high-level overview of AI and its use within law. The discussion aims to be nuanced but also understandable to those without a technical background. To that end, I first discuss AI generally. I then turn to AI and how it is being used by lawyers in the practice of law, people and companies who are governed by the law, and government officials who administer the …
Is Tricking A Robot Hacking?, Ryan Calo, Ivan Evtimov, Earlence Fernandes, Tadayoshi Kohno, David O'Hair
Is Tricking A Robot Hacking?, Ryan Calo, Ivan Evtimov, Earlence Fernandes, Tadayoshi Kohno, David O'Hair
Tech Policy Lab
The authors of this essay represent an interdisciplinary team of experts in machine learning, computer security, and law. Our aim is to introduce the law and policy community within and beyond academia to the ways adversarial machine learning (ML) alter the nature of hacking and with it the cybersecurity landscape. Using the Computer Fraud and Abuse Act of 1986—the paradigmatic federal anti-hacking law—as a case study, we mean to evidence the burgeoning disconnect between law and technical practice. And we hope to explain what is at stake should we fail to address the uncertainty that flows from the prospect that …
Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden
Bridges Ii: The Law--Stem Alliance & Next Generation Innovation, Harry Surden
Publications
Technological change recently has altered business models in the legal field, and these changes will continue to affect the practice of law itself. How can we, as educators, prepare law students to meet the challenges of new technology throughout their careers?
Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover
Panel 1: Robotic Speech And The First Amendment, Bruce E. H. Johnson, Helen Norton, David Skover
Publications
Moderator: Professor Gregory Silverman.
Book discussed: Ronald L. Collins & David M. Skover, Robotica: Speech Rights and Artificial Intelligence (Cambridge Univ. Press 2018).
Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii
Artificial Intelligence In Health Care: Applications And Legal Implications, W. Nicholson Price Ii
Articles
Artificial intelligence (AI) is rapidly moving to change the healthcare system. Driven by the juxtaposition of big data and powerful machine learning techniques—terms I will explain momentarily—innovators have begun to develop tools to improve the process of clinical care, to advance medical research, and to improve efficiency. These tools rely on algorithms, programs created from healthcare data that can make predictions or recommendations. However, the algorithms themselves are often too complex for their reasoning to be understood or even stated explicitly. Such algorithms may be best described as “black-box.” This article briefly describes the concept of AI in medicine, including …