Three Laws Blog: Law and Artificial Intelligence

Banchio on Reflections on a Legal Framework for Artificial Intelligence

Pablo Rafael Banchio, Facultad Interamericana de Ciencias Sociales (FICS), is publishing Reflections on a Legal Framework for Artificial Intelligence in Revista Doctrina Jurídica; Rivista Giurisprudenza e Diritto Comparato. Here is the abstract.

Objective: Dedicated to the preliminary exposition of the specificity of the legal regulation of the use and development of artificial intelligence, the analysis of various approaches to its definition and the peculiarities of the existing legislative initiatives to enshrine a comprehensive normative regulation of these technologies. Methods: Qualitative and with explanatory scope. Qualitative of the phenomenon to be studied in a comprehensive manner because it allows us to understand the complex world of artificial intelligence from the perspective of law. Explanatory because it focuses on explaining the phenomenon of virtual assistants and the need for regulatory capture; under what conditions it manifests itself, how it is created and how it gives meaning centered on people's lives. Other methods used are formal-logical and comparative-legal. Results: Conclusions are formulated on how to shape legislative support for the use and development of artificial intelligence in a coherent way, considering the specificity of its specific fields of application and balancing the interests of individuals, society, and the state. To respect adequate security and protection of individual rights and interests associated with the development of innovation for the benefit of society, enshrining a supreme principle of justice through universal, comprehensive, and anticipatory regulation. Scientific novelty: There is currently a global problem of an almost total absence of normative regulation, both legal and technical, of the foundations, conditions and peculiarities of the development, launch, operation, integration into other systems and control of the application of artificial intelligence technologies. Practical significance: Artificial intelligence is currently developing intensively, and we are participants in the gradual incorporation of virtual assistants into our lives to facilitate daily activities. An appropriate legal framework will facilitate this insertion, avoid risks associated with the new technologies under development and ensure that individual rights are respected and enforced.

Download the article from SSRN at the link.

Tasioulas on The Rule of Algorithm and the Rule of Law @JTasioulas @BalliolOxford @EthicsinAI

John Tasioulas, University of Oxford, has published The Rule of Algorithm and the Rule of Law Vienna Lectures on Legal Philosophy (2023). Here is the abstract.

Can AI adjudicative tools in principle better enable us to achieve the rule of law by replacing judges? This article argues that answers to this question have been excessively focussed on 'output' dimensions of the rule of law - such as conformity of decisions with the applicable law - at the expense of vital 'process' considerations such as explainability, answerability, and reciprocity. These process considerations do not by themselves warrant the conclusion that AI adjudicative tools can never, in any context, properly replace human judges. But they help bring out the complexity of the issues - and the potential costs - that are involved in this domain.

Download the article from SSRN at the link.

Lecorps and Tissandier on PAVED With Good Intentions? An Evaluation of a French Police Predictive Policing System @YLcrps @GaspardTissand1

Yann Lecorps, LeMans University, and Gaspard Tissandier, Université Paris 1 Panthéon-Sorbonne, have published PAVED With Good Intentions? An Evaluation of a French Police Predictive Policing System. Here is the abstract.

From late 2017 to early 2019, one of the two french law enforcement agencies, the Gendarmerie, tested in 11 out of 101 departments its own predictive policing system named PAVED. In order to better allocate the patrolling units, the system predicts burglaries and vehicle thefts that we observe from 2015 with monthly data in each French department. We use this quasi-experimental design to evaluate whether the system produces the expected reduction in these thefts and whether this effect is due to a deterrent effect or a displacement effect. Both the standard Two Way Fixed Effect and Synthetic Difference-in-Difference estimations consistently indicate a significant reduction of vehicle thefts in the treated Gendarmerie areas but no detectable effect on burglaries. Our results indicate that vehicle theft has not increased in areas near the treated areas, suggesting that the reduction in vehicle theft is due to a deterrent effect rather than a displacement effect.

Download the article from SSRN at the link.