News and Analysis of Artificial Intelligence Technology Legal Issues

Analysis

Government Plans to Issue Technical Standards For Artificial Intelligence Technologies

On February 11, 2019, the White House published a plan for developing and protecting artificial intelligence technologies in the United States, citing economic and national security concerns among other reasons for the action.  Coming two years after Beijing’s 2017 announcement that China intends to be the global leader in AI by 2030, President Trump’s Executive Order on Maintaining American Leadership in Artificial Intelligence lays out five principles for AI, including “development of appropriate technical standards and reduc barriers to the safe testing and deployment of AI technologies in order to enable the creation of new AI-related industries and the adoption of…

Washington State Seeks to Root Out Bias in Artificial Intelligence Systems

The harmful effects of biased algorithms have been widely reported.  Indeed, some of the world’s leading tech companies have been accused of producing applications, powered by artificial intelligence (AI) technologies, that were later discovered to exhibit certain racial, cultural, gender, and other biases.  Some of the anecdotes are quite alarming, to say the least.  And while not all AI applications have these problems, it only takes a few concrete examples before lawmakers begin to take notice. In New York City, lawmakers began addressing algorithmic bias in 2017 with the introduction of legislation aimed at eliminating bias from algorithmic-based automated decision…

What’s in a Name? A Chatbot Given a Human Name is Still Just an Algorithm

Due in part to the learned nature of artificial intelligence technologies, the spectrum of things that exhibit “intelligence” has, in debates over such things, expanded to include certain advanced AI systems.  If a computer vision system can “learn” to recognize real objects and make decisions, the argument goes, its ability to do so can be compared to that of humans and thus should not be excluded from the intelligence debate.  By extension, AI systems that can exhibit intelligence traits should not be treated like mere goods and services, and thus laws applicable to such good and services ought not to…

The Role of Explainable Artificial Intelligence in Patent Law

Although the notion of “explainable artificial intelligence” (AI) has been suggested as a necessary component of governing AI technology, at least for the reason that transparency leads to trust and better management of AI systems in the wild, one area of US law already places a burden on AI developers and producers to explain how their AI technology works: patent law.  Patent law’s focus on how AI systems work was not borne from a Congressional mandate. Rather, the Supreme Court gets all the credit–or blame, as some might contend–for this legal development, which began with the Court’s 2014 decision in Alice…

California Appeals Court Denies Defendant Access to Algorithm That Contributed Evidence to His Conviction

One of the concerns expressed by those studying algorithmic decision-making is the apparent lack of transparency. Those impacted by adverse algorithmic decisions often seek transparency to better understand the basis for the decisions. In the case of software used in legal proceedings, parties who seek explanations about software face a number of obstacles, including those imposed by evidentiary rules, criminal or civil procedural rules, and by software companies that resist discovery requests. The closely-followed issue of algorithmic transparency was recently considered by a California appellate court in People v. Superior Court of San Diego County, slip op. Case D073943 (Cal.…