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Article

7 Oct 2019

Author:
AI Now Institute, New York University

Report examines new wave of legal challenges raised by use of algorithmic decision systems & their impacts

"Litigating Algorithms 2019 US Report: New Challenges to Government Use of Algorithmic Decision Systems", Sep 2019

Algorithmic decision systems (ADS) are often touted for their putative benefits: mitigating human bias and error, and offering the promise of cost e ciency, accuracy, and reliability. Yet within health care, criminal justice, education, employment, and other areas, the implementation of these technologies has resulted in numerous problems...we documented outcomes and insights from the first wave of US lawsuits brought against government use of ADS, highlighting key legal and technical issues they raised and how courts were learning to address the substantive and procedural problems they create. 

...We also examined a new wave of legal challenges that raise significant questions about (1) what access, if any, should criminal defense attorneys have to law enforcement ADS in order to challenge allegations leveled by the prosecution; (2) the collateral consequences of erroneous or vindictive uses of governmental ADS; and (3) the evolution of America’s most powerful biometric privacy law and its potential impact on ADS accountability.