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As concerns about unfairness and discrimination in "black box" machine learning systems rise, a legal "right to an explanation" has emerged as a compellingly attractive approach for challenge and redress. We outline recent debates on the…

Currently, there is uncertainty surrounding the merits of open-source versus proprietary algorithm development. Though justification in favor of each exists, we argue that open-source algorithm development should be the standard in highly…

Artificial intelligence (AI) is increasingly being adopted in most industries, and for applications such as note taking and checking grammar, there is typically not a cause for concern. However, when constitutional rights are involved, as…

Algorithmic decision-making and other types of artificial intelligence (AI) can be used to predict who will commit crime, who will be a good employee, who will default on a loan, etc. However, algorithmic decision-making can also threaten…

Attribute inference - the process of analyzing publicly available data in order to uncover hidden information - has become a major threat to privacy, given the recent technological leap in machine learning. One way to tackle this threat is…

The law forbids discrimination. But the ambiguity of human decision-making often makes it extraordinarily hard for the legal system to know whether anyone has actually discriminated. To understand how algorithms affect discrimination, we…

This article examines the proportion of technical knowledge that is eventually patented and discusses implications for innovation. Drawing from economic theory and information science, the study considers a continuum from raw data to…

This article argues that security is not enough to fully capture what is at stake in government exceptional access to encrypted data. A conception of privacy as security has little to say about ``lawful-surveillance protocols'' -- an active…

Differential Privacy can provide provable privacy guarantees for training data in machine learning. However, the presence of proofs does not preclude the presence of errors. Inspired by recent advances in auditing which have been used for…

The use of drones offers police forces potential gains in efficiency and safety. However, their use may also harm public perception of the police if drones are refused. Therefore, police forces should consider the perception of bystanders…

This article surveys the use of algorithmic systems to support decision-making in the public sector. Governments adopt, procure, and use algorithmic systems to support their functions within several contexts -- including criminal justice,…

Firms' decisions to patent innovations involve a complex evaluation of costs, benefits, and strategic considerations. This article explores the economic and practical factors that influence whether companies seek patent protection. It…

In this Article, I explore the impending conflict between the protection of civil rights and artificial intelligence (AI). While both areas of law have amassed rich and well-developed areas of scholarly work and doctrinal support, a growing…

The research question this report addresses is: how, and to what extent, those directly involved with the design, development and employment of a specific black box algorithm can be certain that it is not unlawfully discriminating (directly…

Algorithmic decision-making and similar types of artificial intelligence (AI) may lead to improvements in all sectors of society, but can also have discriminatory effects. While current non-discrimination law offers people some protection,…

Accountability regimes typically encourage record-keeping to enable the transparency that supports oversight, investigation, contestation, and redress. However, implementing such record-keeping can introduce considerations, risks, and…

Privacy is of worldwide concern regarding activities and processes that include sensitive data. For this reason, many countries and territories have been recently approving regulations controlling the extent to which organizations may…

Governments around the world are trying to build large data registries for effective delivery of a variety of public services. However, these efforts are often undermined due to serious concerns over privacy risks associated with collection…

Publicly available datasets are one of the key drivers for commercial AI software. The use of publicly available datasets is governed by dataset licenses. These dataset licenses outline the rights one is entitled to on a given dataset and…

Algorithms are becoming more widely used in business, and businesses are becoming increasingly concerned that their algorithms will cause significant reputational or financial damage. We should emphasize that any of these damages stem from…