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Full-Text Articles in Privacy Law
Legal Opacity: Artificial Intelligence’S Sticky Wicket, Charlotte A. Tschider
Legal Opacity: Artificial Intelligence’S Sticky Wicket, Charlotte A. Tschider
Faculty Publications & Other Works
Proponents of artificial intelligence (“AI”) transparency have carefully illustrated the many ways in which transparency may be beneficial to prevent safety and unfairness issues, to promote innovation, and to effectively provide recovery or support due process in lawsuits. However, impediments to transparency goals, described as opacity, or the “black-box” nature of AI, present significant issues for promoting these goals.
An undertheorized perspective on opacity is legal opacity, where competitive, and often discretionary legal choices, coupled with regulatory barriers create opacity. Although legal opacity does not specifically affect AI only, the combination of technical opacity in AI systems with legal opacity …
Contracting For Algorithmic Accountability, Cary Coglianese, Erik Lampmann
Contracting For Algorithmic Accountability, Cary Coglianese, Erik Lampmann
All Faculty Scholarship
As local, state, and federal governments increase their reliance on artificial intelligence (AI) decision-making tools designed and operated by private contractors, so too do public concerns increase over the accountability and transparency of such AI tools. But current calls to respond to these concerns by banning governments from using AI will only deny society the benefits that prudent use of such technology can provide. In this Article, we argue that government agencies should pursue a more nuanced and effective approach to governing the governmental use of AI by structuring their procurement contracts for AI tools and services in ways that …