Kaminski and Urban, ‘The Right to Contest AI’

Artificial intelligence (AI) is increasingly used to make important decisions, from university admissions selections to loan determinations to the distribution of COVID-19 vaccines. These uses of AI raise a host of concerns about discrimination, accuracy, fairness, and accountability. In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues instead – or really, in addition – for an individual right to contest AI decisions, modeled on due process but adapted for the digital age. The European Union, in fact, recognizes such a right, and a growing number of institutions around the world now call for its establishment. This Article argues that despite considerable differences between the United States and other countries, establishing the right to contest AI decisions here would be in keeping with a long tradition of due process theory …

Kaminski, Margot E and Urban, Jennifer M, The Right to Contest AI (November 16, 2021). Columbia Law Review, volume 121, no 7, 2021.

First posted 2021-11-22 11:00:58

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