Emile Loza de Siles (William S. Richardson School of Law | University of Hawai'i at Manoa; The Graduate School, Cybersecurity | University of Maryland Global Campus; Technology Law Group | A Concierge Legal Consultancy) has posted Artificial Intelligence Bias and Discrimination: Will We Pull the Arc of the Moral Universe Toward Justice? (Revista Forumul Judecatorilor (Judges Forum Magazine, Bucharest, Romania) Published in Volume 1 (2022) at Pages 40-66) on SSRN. Here is the abstract:
Reports show rampant bias and discrimination in and mediated by artificial intelligence (“AI”) systems and uses. Technological complexities create confusion and stymy policy debate, legislation, and enforceable governance. Powerful action is necessary now to bend the moral arc of artificial intelligence toward justice.
This paper contributes clarity and impetus toward that action by conceptual sorting AI bias problems into those associated with engineering and other technical issues and those associated with organizational governance of AI. This bifurcation of AI bias problems reveals that there are proven legal development pathways to protect against the corrosive harms of AI bias and discrimination.
Pathways for AI bias engineering problems focus on technical standards and ethical guidelines instituting accountability and risk management. Soft law, private ordering, and the integration of non-binding frameworks into positive law foretell success for these approaches.
Pathways for organizational AI governance problems focus on interpreting existing civil rights and other laws within AI contexts. This demonstrably successful method ensures protections while bringing existing doctrines onto new algorithmic footings and provides important coverage as lawmakers grapple with measures specific to AI bias and discrimination.
