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Discourse and Research from TechLaw

AI and Big Data

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Focus Areas: AI and Big Data

Machines are sorting, scoring, and judging us with consequences big and small. They also help each of us sort and select our options on how to spend our time, money, or effort. AI and machine learning algorithms can often improve accuracy and efficiency, but they open big philosophical questions about how to prioritize competing values. Ideally, decisions should be made based on accurate assessments that are fair, transparent, and free from bias, but these goals are sometimes in conflict. Moreover, making improvements on any of them may compromise efficiency and privacy. And if AI outperforms human decision-makers along all of these dimensions, it is still possible that people have a preference for human systems that should not, or cannot, be ignored.

TechLaw faculty have been at the forefront of public discourse to help identify and illuminate the competing societal interests that must be taken into account when AI is deployed responsibly.

Artificial Intelligence and Big Data Work

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Prof. Jane Bambauer talked with SIIA about the problems with the American Innovation and Choice Online Act
Discourse Type: Books
This acclaimed Economic and Dignitary Torts casebook has been completely revised to include the most up-to-date and comprehensive coverage in the field. The new edition includes hundreds of recent cases that illustrate important contemporary contexts such as the problem of defamation on the Internet; the application of common law privacy
Focus Areas: AI and Big Data
Discourse Type: Policy Papers
This report, produced for the Knight First Amendment Institute, proposes legal protection for certain research and news gathering projects focused on platforms.
Focus Areas: AI and Big Data
Discourse Type: Policy Papers
This Brookings essay explains the results of original research testing the conditions under which people tend to prefer human decision-makers over algorithmic decision-makers, even when the algorithms are more accurate.
Focus Areas: AI and Big Data
Discourse Type: Scholarship
93 University of Colorado Law Review 52 (2022) Robots—machines, algorithms, artificial intelligence—play an increasingly important role in society, often supplementing or even replacing human judgment. Scholars have rightly be- come concerned with the fairness, accuracy, and humanity of these systems. Indeed, anxiety about machine bias is at a fever pitch.
Discourse Type: Scholarship
Forthcoming in the U.C. Davis Law Review If a machine learning algorithm treats two people very differently because of a slight difference in their attributes, the result intuitively seems unfair. Indeed, an aversion to this sort of treatment has already begun to affect regulatory practices in employment and lending. But
Focus Areas: AI and Big Data
Discourse Type: Scholarship
Forthcoming in the Arizona State Law Journal The rise of algorithm-driven decisionmaking enabled by Big Data has generated widespread concern among legal scholars. However, few critics have considered data on people’s existing preferences about the role of algorithms in decision systems. This Article uses empirical analysis of a novel, large
Discourse Type: Scholarship
Published in the Lancet Background : Artificial intelligence (AI) has the potential to improve diagnosis. Yet people are often reluctant to trust automated systems, and some patient populations may be particularly so. Methods: After structured interviews with patients, a randomized, blinded, factorial survey experiment placed mock patients into clinical vignettes
Discourse Type: Scholarship
Published in the Lancet Background : Artificial intelligence (AI) has the potential to improve diagnosis. Yet people are often reluctant to trust automated systems, and some patient populations may be particularly so. Methods: After structured interviews with patients, a randomized, blinded, factorial survey experiment placed mock patients into clinical vignettes
Discourse Type: Scholarship
Forthcoming in the Harvard Journal of Law & Technology This Article provides a theoretical foundation and practical guide for a new form of liability that has proven necessary in the Internet era: the tort of Reckless Association. This tort would hold de facto leaders of informal networks responsible when radicalized

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