News and Analysis of Artificial Intelligence Technology Legal Issues

Analysis

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.…

Thanks to Bots, Transparency Emerges as Lawmakers’ Choice for Regulating Algorithmic Harm

Digital conversational agents, like Amazon’s Alexa and Apple’s Siri, and communications agents, like those found on customer service website pages, seem to be everywhere.  The remarkable increase in the use of these and other artificial intelligence-powered “bots” in everyday customer-facing devices like smartphones, websites, desktop speakers, and toys, has been exceeded only by bots in the background that account for over half of the traffic visiting some websites.  Recently reported harms caused by certain bots have caught the attention of state and federal lawmakers.  This post briefly describes those bots and their uses and suggests reasons why new legislative efforts…