News and Analysis of Artificial Intelligence Technology Legal Issues
Equality for minority

Eliminating Structural Bias in Data-Based Technologies: A Path Forward

As national protests over systemic and structural racism in America continue, community organizers, Black scholars, and others fighting injustice and unequal treatment are once again raising awareness of a long-standing problem lurking within artificial intelligence data-based technologies: bias. The campaign to root out bias–or eliminate biased systems altogether–has been amplified in recent weeks in the wake of reports of a black Michigan man who was apparently arrested solely on the misidentification decision of a facial recognition system used by law enforcement.  Criminal charges against the man were dropped by police only after they discovered their error, but by then the…

Order from chaos

Artificial Intelligence, Risk Disclosures, and a New SEC Materiality Test

When Microsoft shared in 2018 that certain “deficiencies” surrounding its artificial intelligence practices could “subject[] us to competitive harm, legal liability, and brand or reputational harm,” it set the stage for other companies to self-report perceived risks associated with developing, using and producing AI technologies. Disclosing risks–a Securities and Exchange Commission (SEC) requirement imposed on public companies since 2005–raises a number of important considerations for both public as well as private companies, including transparency, accuracy, and the degree of speculation that may be acceptable when discussing AI impacts.  Although companies in industry segments other than AI face similar concerns, AI…