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New Challenges to Government Use of Algorithmic Decision Systems

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New Challenges to Government Use of Algorithmic Decision Systems

 

2019

 

Workshop Summary

Algorithmic decision systems (ADS) are often touted for their putative benefits: mitigating human bias and error, and offering the promise of cost efficiency, accuracy, and reliability. Yet within health care, criminal justice, education, employment, and other areas, the implementation of these technologies has resulted in numerous problems. In our 2018 Litigating Algorithms Report, 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.

In June of 2019, with support from The John D. and Catherine T. MacArthur Foundation, AI Now and NYU Law’s Center on Race, Inequality, and the Law held our second Litigating Algorithms Workshop.1 We revisited several of last year’s cases, examining what progress, if any, had been made. 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. As with the previous year’s Litigating Algorithms Workshop, participants shared litigation strategies, raised provocative questions, and recounted key moments from both their victories and losses.

Workshop attendees came from various advocacy, policy, and research communities, including the ACLU, Center for Civil Justice, Center for Constitutional Rights, Center on Privacy and Technology at Georgetown Law, Citizen Lab, Digital Freedom Fund, Disability Rights Oregon, the Electronic Frontier Foundation, Equal Justice Under Law, Federal Defenders of New York, the Ford Foundation, LatinoJustice PRLDEF, Legal Aid of Arkansas, Legal Aid Society of New York, the MacArthur Foundation, NAACP Legal Defense and Educational Fund, National Association of Criminal Defense Lawyers, National Employment Law Project, National Health Law Program, New York County Defender Services, Philadelphia Legal Assistance, Princeton University, Social Science Research Council, Bronx Defenders, UDC Law School, Upturn, and Yale Law School.

 

AI Now Institute 2019 Symposium: https://symposium.ainowinstitute.org/

 

You can reach original and full report from the link below:

https://ainowinstitute.org/litigatingalgorithms-2019-us.pdf

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