The Judicial Demand for Explainable Artificial Intelligence

From the abstract for Ashley Deeks, The Judicial Demand for Explainable Artificial Intelligence, 119 Colum.L.Rev. ____ (Forthcoming 2019):

A recurrent concern about machine learning algorithms is that they operate as “black boxes,” making it difficult to identify how and why the algorithms reach particular decisions, recommendations, or predictions. Yet judges will confront machine learning algorithms with increasing frequency, including in criminal, administrative, and tort cases. This Essay argues that judges should demand explanations for these algorithmic outcomes. One way to address the “black box” problem is to design systems that explain how the algorithms reach their conclusions or predictions. If and as judges demand these explanations, they will play a seminal role in shaping the nature and form of “explainable artificial intelligence” (or “xAI”). Using the tools of the common law, courts can develop what xAI should mean in different legal contexts.

There are advantages to having courts to play this role: Judicial reasoning that builds from the bottom up, using case-by-case consideration of the facts to produce nuanced decisions, is a pragmatic way to develop rules for xAI. Further, courts are likely to stimulate the production of different forms of xAI that are responsive to distinct legal settings and audiences. More generally, we should favor the greater involvement of public actors in shaping xAI, which to date has largely been left in private hands.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.