AI & Justice System
LEGISLATION
Council of Europe - Feasibility study on a legal framework on AI design, development and application based on Council of Europe’s standards, 2021
Council of Europe - Possible elements of a legal framework on artificial intelligence, based on the Council of Europe’s standards on human rights, democracy and the rule of law, 2022
EU - Proposed EU AI Act (Draft), 2021
EU - Council of the EU, Final Presidential Compromise Act (3 Nov. 2022)
EU - Study to support an impact assessment of regulatory requirements for Artificial Intelligence in Europe, 2021
EU - General Data Protection Regulation (GDPR), 2018
International Cybersecurity and Data Privacy Outlook and Review – 2019 (Gibson Dunn)
Artificial Intelligence and Automated Systems Annual Legal Review - 2020 (Gibson Dunn)
Artificial Intelligence and Automated Systems Annual Legal Review - 2021 (Gibson Dunn)
ModelOriented / MAIR: Github repository for emerging AI regulations
Tracker - International legislation relevant to AI at work
US - Broadband DATA Act, 2020
US - California Consumer Privacy Act (CCPA), 2019
US - California The Body Camera Accountability Act (AB 1215), 2019
US - Consumer Online Privacy Rights Act, 2019
US - E-Government Act, 2002
US - Family Educational Rights and Privacy Act (FERPA), 1974
US - Health Insurance Portability and Accountability Act (“HIPAA”), 1996
US - Illinois Biometric Information Privacy Act (BIPA), 2008
US - Illinois Artificial Intelligence Video Interview Act of 2019
US - NYC Local Law 144, Automated Employment Decision Tools
US - Vermont H 410 – An act relating to the use and oversight of artificial intelligence in State government
US - EPIC: The State of State AI Policy (2021-22 Legislative Session)
US - California Fair Employment and Housing Council draft modifications
US - Washington State, HB 5116 (Draft), Establishing guidelines for government procurement and use of automated decision systems in order to protect consumers, improve transparency, and create more market predictability.
US - Commonwealth of Massachusetts HB 2701 (Draft), An Act establishing a commission on automated decision-making, artificial intelligence, transparency, fairness, and individual rights
US - State of Illinois - HB 3415 (Draft) on using using predictive data analytics in determining creditworthiness or in making hiring decisions
US - Washington, DC B24-0558 (Draft) – Stop Discrimination by Algorithms Act of 2021
US - AI in Government Act of 2019 (DRAFT)
US - AI JOBS Act of 2019 (DRAFT)
US - Artificial Intelligence Reporting Act of 2018 or the AIR Act of 2018 (DRAFT)
US - Algorithmic Accountability Act of 2019 (DRAFT)
US - Artificial Intelligence Initiative Act 2019 (DRAFT)
US - Augmenting Compatibility and Competition by Enabling Service Switching Act of 2019 (DRAFT)
US - Balancing the Rights Of Web Surfers Equally and Responsibly Act of 2019 (DRAFT)
US - Biased Algorithm Deterrence Act of 2019 (DRAFT)
US - Bot Disclosure and Accountability Act of 2019 (DRAFT)
US - Commercial Facial Recognition Privacy Act of 2019 (DRAFT)
US - Consumer Data Privacy and Security Act of 2020 (DRAFT)
US - DATA Privacy Act of 2019 (DRAFT)
US - Deepfake Report Act of 2019 (DRAFT)
US - Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2019 (DRAFT)
US - Designing Accounting Safeguards To Help Broaden Oversight and Regulations on Data of 2019 (DRAFT)
US - Do Not Track Act of 2019 (DRAFT)
US - Filter Bubble Transparency Act (DRAFT)
US - Facial Recognition Technology Warrant Act of 2019 (DRAFT)
US - Future of Artificial Intelligence Act of 2017 (DRAFT)
US - Genetic Information Privacy Act of 2019 (DRAFT)
US - Identifying Outputs of Generative Adversarial Networks Act 2019 (DRAFT)
US - Industries of the Future Act 2020 (DRAFT)
US - Justice in Forensic Algorithms Act of 2019 (DRAFT)
US - National Security Commission Artificial Intelligence Act of 2018 ((DRAFT)
US - Online Privacy Act of 2019 (DRAFT)
US - Privacy Bill of Rights Act of 2019 (DRAFT)
US - Privacy Score Act of 2020 (DRAFT)
US - Protecting Education Privacy Act of 2019 (DRAFT)
US - Protecting Personal Health Data Act of 2019 (DRAFT)
US - Self-Drive Act 2018 (DRAFT)
US - Social Media Privacy Protection and Consumer Rights Act of 2019 (DRAFT)
US - Using Data To Help Protect Children and Families Act 2018 (DRAFT)
US - Workers' Right to Training Act (DRAFT)
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RESEARCH
Access Now: Mapping Regulatory Proposals for AI in EU
Administrative Conference of the United States: Government by Algorithm: Artificial Intelligence in Federal Administrative Agencies
aedp: RGPD compliance of processings that embed Artificial Intelligence An Introduction
The Appeal: Risk Assessment: Explained, 2019
AI Now Institute: Litigating Algorithms: Challenging Government Use of Algorithmic Decision Systems, (2018)
AI Now Institute: Litigating Algorithms 2019 US Report: New Challenges to Government Use of Algorithmic Decision Systems, (2019)
AI Now Institute: New York City Automated Decision System Task Force Comments Compilation, (2019)
Ala-Pietilä, Pekka and Smuha, Nathalie A., A Framework for Global Cooperation on Artificial Intelligence and its Governance (September 2020). Forthcoming in 'Reflections of AI for Humanity', coord. by B. Braunschweig and M. Ghallab, Springer (2021)
Amba Kak, ed., “Regulating Biometrics: Global Approaches and Urgent Questions” AI Now Institute, September 1 2020
American Bar Association: Resolution urging courts and lawyers to address the emerging ethical and legal issues related to the usage of artificial intelligence (“AI”) in the practice of law, (August 2019)
AlgorithmWatch: Automating Society Report 2020
AlgorithmWatch in cooperation with Bertelsmann Stiftung, supported by the Open Society Foundations: Automating Society Taking Stock of Automated Decision-Making in the EU (January 2019)
Banisar, David, National Comprehensive Data Protection/Privacy Laws and Bills 2019 (November 30, 2019)
B. Green, “Fair” risk assessments: A precarious approach for criminal justice reform, in: 5thWorkshop on Fairness, Accountability, and Transparency in Machine Learning, 2018
Bryson, J.J., Diamantis, M.E. & Grant, T.D.: Of, for, and by the people: the legal lacuna of synthetic persons. Artif Intell Law 25, 273–291 (2017)
Chander, Anupam: Future-Proofing Law. UC Davis Law Review, (November 2017)
Citron, Danielle Keats, "Technological Due Process" (2009). Faculty Scholarship. 1012
Corbett-Davies, Sam; Pierson, Emma; Feller, Avi; Goel, Sharad; Huq,Aziz: Algorithmic decision making and the cost of fairness, (2017_
Data & Society: Poverty Lawgorithms. A Poverty Lawyer’s Guide to Fighting. Automated Decision-Making Harms on Low-Income Communities
Deeks, Ashely: Judical Demand for Explainable AI, (2019)
Element AI & Nesta: Data Trusts A new tool for data governance
Ensign, Danielle; A. Friedler, Sorelle; Neville, Scott; Scheidegger, Carlos; Venkatasubramanian, Suresh: Runaway Feedback Loops in Predictive Policing, (December 2017)
Erik Learned-Miller, Vicente Ordóñez, Jamie Morgenstern, and JoyBuolamwini, Facial Recognition Technologies in the Wild: A Call for a Federal Office. (2020)
E. Soares, P. Angelov, Fair-by-design explainable models for prediction of recidivism, (2019)
European Commission: Report on Liability for Artificial Intelligence and other emerging technologies, (November 2019)
European Commission: European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment
European Parliament: European Parliament resolution with recommendations to the Commission on Civil Law Rules on Robotics, (16 February 2017)
FAT* 2018 Translation Tutorial: Understanding the Context and Consequences of Pre-trial Detention (April 2018)
FAT* 2018 Translation Tutorial: 21 Definitions of Fairness and Their Politics (April 2018)
Finale Doshi-Velez, Mason Kortz, Ryan Budish, Chris Bavitz, Sam Gershman, David O’Brien, Kate Scott, Stuart Shieber, James Waldo, David Weinberger, Adrian Weller, Alexandra Wood: Accountability of AI Under the Law: The Role of Explanation (Working Draft)
Gutierrez Gaviria, Carlos Ignacio, The Unforeseen Consequences of Artificial Intelligence (AI) on Society: A Systematic Review of Regulatory Gaps Generated by AI in the U.S. (2020)
Hamon, R., Junklewitz, H. and Sanchez Martin, J., Robustness and Explainability of Artificial Intelligence, EUR 30040 EN, Publications Office of the European Union, Luxembourg, (2020)
Hao, Karen and Stray, Jonathan : Can you make AI fairer than a judge? Play our courtroom algorithm game, (October 2019)
Hirsch, Dennis, That's Unfair! Or Is It? Big Data, Discrimination and the FTC's Unfairness Authority (2015). Kentucky Law Journal, Vol. 103, 2015, Ohio State Public Law Working Paper No. 350
House Committee on Oversight and Reform: “Facial Recognition Technology: Its Impact on our Civil Rights and Liberties”, (2019)
IBM Center for The Business of Government: Predictive Policing: Preventing Crime with Data and Analytics, (2013)
The Intercept: Prisons Across the U.S. Are Quietly Building Databases of Incarcerated People’s Voice Prints, (2019)
International Association for AI and Law: for more than 30 years, the ICAIL conference has been the foremost international conference addressing research in Artificial Intelligence and Law. It is organized biennially under the auspices of the International Association for Artificial Intelligence and Law (IAAIL), and in cooperation with the Association for the Advancement of Artificial Intelligence (AAAI)
Karppi, T.: “The Computer Said So”: On the Ethics, Effectiveness, and Cultural Techniques of Predictive Policing. Social Media + Society (2018)
The Law Society: Algorithms in the Criminal Justice System, (2019)
Levendowski, Amanda: How Copyright Law Can Fix Artificial Intelligence's Implicit Bias Problem (July 24, 2017). 93 Wash. L. Rev. 579 (2018).
Library of Congress, Regulation of Artificial Intelligence in Selected Jurisdictions
Maranke Wieringa. What to account for when accounting for algorithms: A systematic literature review on algorithmic accountability. In Conference on Fairness, Accountability, and Transparency (FAT* ’20), January 27–30, 2020, Barcelona, Spain. ACM, New York,
McKinsey & Company, “The Future of Work in Black America,” (2019)
Micklitz, H.-W., Pollicino, O., Reichman, A., Simoncini, A., Sartor, G., & De Gregorio, G. (Eds.). Constitutional Challenges in the Algorithmic Society. Cambridge: Cambridge University Press (2021).
Mireille Hildebrandt, Bert‐Jaap Koops: The Challenges of Ambient Law and Legal Protection in the Profiling Era, (2010)
MIT Technology Review, "Every study we could find on what automation will do to jobs, in one chart", (2018)
Molnar, Petra, and Lex Gill. “Bots at the Gate: A Human Rights Analysis of Automated Decision-Making in Canada's Immigration and Refugee System.” International Human Rights Program and Citizen Lab, University of Toronto (2018)
The New York Times: Speaking Black Dialect in Courtrooms Can Have Striking Consequences, (2019)
Pacific Standard: Justice by the Numbers: Meet the Statistician Trying to Fix Bias in Criminal Justice Algorithms, (2019)
Propublica: Machine Bias, (2016)
Raghavan, Manish and Barocas, Solon and Kleinberg, Jon and Levy, Karen, Mitigating Bias in Algorithmic Hiring: Evaluating Claims and Practices (June 21, 2019). ACM Conference on Fairness, Accountability, and Transparency (FAT*), 2020
RAND: Predictive Policing: The Role of Crime Forecasting in Law Enforcement Operations, (2013)
Richardson, Rashida and Schultz, Jason and Crawford, Kate: Dirty Data, Bad Predictions: How Civil Rights Violations Impact Police Data, Predictive Policing Systems, and Justice (February 13, 2019). New York University Law Review Online, Forthcoming
Rich, Michael, Machine Learning, Automated Suspicion Algorithms, and the Fourth Amendment. University of Pennsylvania Law Review, Forthcoming; Elon University Law Legal Studies Research Paper No. 2015-03.
Rudin, Cynthia and Berk Ustun. “Optimized Scoring Systems: Toward Trust in Machine Learning for Healthcare and Criminal Justice.” Interfaces 48 (2018
Theodorou, A., Dignum, V. Towards ethical and socio-legal governance in AI. Nat Mach Intell 2, 10–12 (2020)
The Royal United Services Institute (RUSI): RUSI Report - Data Analytics and Algorithmic Bias in Policing, (16 September 2019)
The Royal United Services Institute (RUSI): Machine Learning Algorithms and Police Decision-Making: Legal, Ethical and Regulatory Challenges, (2018)
Shackelford, Scott J. and Raymond, Anjanette, Building the Virtual Courthouse: Ethical Considerations for Design, Implementation, and Regulation in the World of ODR (January 29, 2014). Wisconsin Law Review, 2014; Kelley School of Business Research Paper No. 2014-10
Skeem, Jennifer L. and Lowenkamp, Christopher: Risk, Race, & Recidivism: Predictive Bias and Disparate Impact (June 14, 2016)
Solaiman, S M.: Legal personality of robots, corporations, idols and chimpanzees: a quest for legitimacy. Artificial Intelligence and Law. 10.1007/s10506-016-9192-3., (2016)
Wachter, Sandra and Mittelstadt,Brent. A Right to Reasonable Interferences: Re-thinking Data Protection Law in the Age of Big Data and AI, Columbia Business Law Review – Vol. 2019 – Issue 2
Wexler, Rebecca, Life, Liberty, and Trade Secrets: Intellectual Property in the Criminal Justice System (February 21, 2017). 70 Stanford Law Review 1343 (2018)
Vox: How will AI change your life? AI Now Institute founders Kate Crawford and Meredith Whittaker explain, (2019)
World Economic Forum: Artificial Intelligence Collides with Patent Law, 2018
Zalnieriute, Monika. “From Rule of Law to Statute Drafting: Legal Issues for Algorithms in Government Decision-Making.” Cambridge Handbook on the Law of Algorithms (2020)