Law by Algorithm


Book Description

Digitization, blockchain technology and Artificial Intelligence (AI) are fundamentally changing the fabric of societies, influencing lawmaking, legal scholarship and legal practice. The authors of this volume investigate the real-world developments that can be observed in this process, how established legal doctrines are being challenged, the regulatory issues societies face as a result, and how AI can be used in lawmaking and adjudication. By analyzing these four interrelated areas, the authors discuss conceptual issues of regulating AI, examine the impact of new technologies on commercial transactions and corporate governance, investigate civil liability rules for AI applications and explore key features and problems of digital dispute resolution. A recurring theme is that although Law by Algorithm might massively increase overall societal welfare, it runs the significant risk of benefitting only a few. To make it work for the good of all is a mammoth task - and one this volume hopes to contribute to.




Algorithms and Law


Book Description

Exploring issues from big-data to robotics, this volume is the first to comprehensively examine the regulatory implications of AI technology.




The Cambridge Handbook of the Law of Algorithms


Book Description

Algorithms are a fundamental building block of artificial intelligence - and, increasingly, society - but our legal institutions have largely failed to recognize or respond to this reality. The Cambridge Handbook of the Law of Algorithms, which features contributions from US, EU, and Asian legal scholars, discusses the specific challenges algorithms pose not only to current law, but also - as algorithms replace people as decision makers - to the foundations of society itself. The work includes wide coverage of the law as it relates to algorithms, with chapters analyzing how human biases have crept into algorithmic decision-making about who receives housing or credit, the length of sentences for defendants convicted of crimes, and many other decisions that impact constitutionally protected groups. Other issues covered in the work include the impact of algorithms on the law of free speech, intellectual property, and commercial and human rights law.




War and Algorithm


Book Description

New military technologies are animated by fantasies of perfect knowledge, lawfulness, and vision that contrast sharply with the very real limits of human understanding, law, and vision. Thus, various kinds of violent acts are proliferating while their precise nature remains unclear. Especially man–machine ensembles, guided by algorithms, are operating in ways that challenge conceptual understanding. War and Algorithm looks at the increasing power of algorithms in these emerging forms of warfare from the perspectives of critical theory, philosophy, legal studies, and visual studies. The contributions in this volume grapple with the challenges posed by algorithmic warfare and trace the roots of new forms of war in the technological practices and forms of representation of the digital age. Together, these contributions provide a first step toward understanding—and resisting—our emerging world of war.




The Black Box Society


Book Description

Every day, corporations are connecting the dots about our personal behavior—silently scrutinizing clues left behind by our work habits and Internet use. The data compiled and portraits created are incredibly detailed, to the point of being invasive. But who connects the dots about what firms are doing with this information? The Black Box Society argues that we all need to be able to do so—and to set limits on how big data affects our lives. Hidden algorithms can make (or ruin) reputations, decide the destiny of entrepreneurs, or even devastate an entire economy. Shrouded in secrecy and complexity, decisions at major Silicon Valley and Wall Street firms were long assumed to be neutral and technical. But leaks, whistleblowers, and legal disputes have shed new light on automated judgment. Self-serving and reckless behavior is surprisingly common, and easy to hide in code protected by legal and real secrecy. Even after billions of dollars of fines have been levied, underfunded regulators may have only scratched the surface of this troubling behavior. Frank Pasquale exposes how powerful interests abuse secrecy for profit and explains ways to rein them in. Demanding transparency is only the first step. An intelligible society would assure that key decisions of its most important firms are fair, nondiscriminatory, and open to criticism. Silicon Valley and Wall Street need to accept as much accountability as they impose on others.




The Ethical Algorithm


Book Description

Algorithms have made our lives more efficient and entertaining--but not without a significant cost. Can we design a better future, one in which societial gains brought about by technology are balanced with the rights of citizens? The Ethical Algorithm offers a set of principled solutions based on the emerging and exciting science of socially aware algorithm design.




Just Algorithms


Book Description

Statistically-derived algorithms, adopted by many jurisdictions in an effort to identify the risk of reoffending posed by criminal defendants, have been lambasted as racist, de-humanizing, and antithetical to the foundational tenets of criminal justice. Just Algorithms argues that these attacks are misguided and that, properly regulated, risk assessment tools can be a crucial means of safely and humanely dismantling our massive jail and prison complex. The book explains how risk algorithms work, the types of legal questions they should answer, and the criteria for judging whether they do so in a way that minimizes bias and respects human dignity. It also shows how risk assessment instruments can provide leverage for curtailing draconian prison sentences and the plea-bargaining system that produces them. The ultimate goal of Christopher Slobogin's insightful analysis is to develop the principles that should govern, in both the pretrial and sentencing settings, the criminal justice system's consideration of risk.




Beyond the Algorithm


Book Description

Qualitative empirical research reveals that the narratives and real-life experiences defining gig work have concrete implications for law.




A Human Algorithm


Book Description

A groundbreaking narrative on the urgency of ethically designed AI and a guidebook to reimagining life in the era of intelligent technology. The Age of Intelligent Machines is upon us, and we are at a reflection point. The proliferation of fast–moving technologies, including forms of artificial intelligence akin to a new species, will cause us to confront profound questions about ourselves. The era of human intellectual superiority is ending, and we need to plan for this monumental shift. A Human Algorithm: How Artificial Intelligence Is Redefining Who We Are examines the immense impact intelligent technology will have on humanity. These machines, while challenging our personal beliefs and our socioeconomic world order, also have the potential to transform our health and well–being, alleviate poverty and suffering, and reveal the mysteries of intelligence and consciousness. International human rights attorney Flynn Coleman deftly argues that it is critical that we instill values, ethics, and morals into our robots, algorithms, and other forms of AI. Equally important, we need to develop and implement laws, policies, and oversight mechanisms to protect us from tech’s insidious threats. To realize AI’s transcendent potential, Coleman advocates for inviting a diverse group of voices to participate in designing our intelligent machines and using our moral imagination to ensure that human rights, empathy, and equity are core principles of emerging technologies. Ultimately, A Human Algorithm is a clarion call for building a more humane future and moving conscientiously into a new frontier of our own design. “[Coleman] argues that the algorithms of machine learning––if they are instilled with human ethics and values––could bring about a new era of enlightenment.” —San Francisco Chronicle




Constitutional Challenges in the Algorithmic Society


Book Description

New technologies have always challenged the social, economic, legal, and ideological status quo. Constitutional law is no less impacted by such technologically driven transformations, as the state must formulate a legal response to new technologies and their market applications, as well as the state's own use of new technology. In particular, the development of data collection, data mining, and algorithmic analysis by public and private actors present unique challenges to public law at the doctrinal as well as the theoretical level. This collection, aimed at legal scholars and practitioners, describes the constitutional challenges created by the algorithmic society. It offers an important synthesis of the state of play in law and technology studies, addressing the challenges for fundamental rights and democracy, the role of policy and regulation, and the responsibilities of private actors. This title is also available as Open Access on Cambridge Core.