Toward a Fourth Law of Robotics: Preserving Attribution, Responsibility, and Explainability in an Algorithmic Society | Pasquale

Frank A. Pasquale III; Toward a Fourth Law of Robotics: Preserving Attribution, Responsibility, and Explainability in an Algorithmic Society; Ohio State Law Journal, Vol. 78, 2017, U of Maryland Legal Studies Research Paper No. 2017-21; 2017-07-14; 13 pages; ssrn:3002546.

tl;dr → A comment for Balkin. To wit:
  1. Balkin should have supplied more context; such correction is supplied herewith.
  2. More expansive supervision is indicated; such expansion is supplied herewith.
  3. Another law is warranted; not a trinity, but perfection plus one more.
Fourth Law

A [machine] must always indicate the identity of its creator, controller, or owner.
<ahem>Like… say… a license, to operate, to practice; a permit; as manifest in a license plate, certificate of operation, certificate of board, a driver license; contractor license, a Bar Association Number, a VIN number, a tail number, a hull number.</ahem>

Three Laws, previous:

  1. machine operators are always responsible for their machines.
  2. businesses are always responsible for their operators.
  3. machines must not pollute.

So it is just like planes, trains & automobiles.

Accolade

<quote>Balkin’s lecture is a tour de force distillation of principles of algorithmic accountability, and a bold vison for entrenching them in regulatory principles. <snip>…etc…</snip></quote>

Nostrum

  • Regulators
  • non-functional requirements
    the branded “By Design” theories

    • responsibility-by-design,
    • security-by-design,
    • privacy-by-design,
    • attribution-by-design [traceability-by-design].
  • Audit logs.
  • A Licentiate, the licentia ad practicandum
  • Supervisory Control.

Abstract

Jack Balkin makes several important contributions to legal theory and ethics in his lecture, “The Three Laws of Robotics in the Age of Big Data.” He proposes “laws of robotics” for an “algorithmic society” characterized by “social and economic decision making by algorithms, robots, and AI agents.” These laws both elegantly encapsulate, and add new principles to, a growing movement for accountable design and deployment of algorithms. [This] comment aims to

  1. contextualize his proposal as a kind of “regulation of regulation,” familiar from the perspective of administrative law,
  2. expand the range of methodological perspectives capable of identifying “algorithmic nuisance,” a key concept in Balkin’s lecture, and
  3. propose a fourth law of robotics to ensure the viability of Balkin’s three laws.

Mentions

  • Jack Balkin, Knight Professor of Constitutional Law and the First Amendment, Law School, Yale University; via Jimi Wales’ Wiki.

Amplification

[in case it wasn't otherwise clear]

<quote>Balkin’s lecture is a tour de force distillation of principles of algorithmic accountability, and a bold vison for entrenching them in regulatory principles. As he observes, “algorithms

  1. construct identity and reputation through
  2. classification and risk assessment, creating the opportunity for
  3. discrimination, normalization, and manipulation, without
  4. adequate transparency, monitoring, or due process.

[endquote]” They are, therefore, critically important features of our information society which demand immediately attention from regulators. High level officials around the world need to put the development of a cogent and forceful response to these developments at the top of their agendas. Balkin’s “Laws of Robotics” is an ideal place to start, both to structure that discussion at a high level and to ground it in deeply rooted legal principles.

It is rare to see a legal scholar not only work at the deepest levels of policy (in the sense of all those normative considerations that should inform legal decisions outside of the law governing the case), but also recommend in clear and precise language a coherent set of concrete recommendations that both exemplify principles of critical and social theory, and stand some chance of being adopted by current government officials. That is Balkin’s achievement in The Three Laws of Robotics in the Age of Big Data. It is work to cite, celebrate, and rally around, and an auspicious launch for Ohio State’s program in Big Data & Law.</quote>

Referenced

Jack M. Balkin  (Yale); The Three Laws of Robotics in the Age of Big Data; Ohio State Law Journal, Vol. 78, (2017), Forthcoming (real soon now, RSN), Yale Law School, Public Law Research Paper No. 592; 2016-12-29 → 2017-09-10; 45 pages; ssrn:2890965; previously filled, separately noted.

Argot

The Suitcase Words
  • Big Data,
    Age of Big Data
  • laws of robotics
    Three Laws of Robotics
  • algorithmic society
  • social decision-making,
    social decision-making by algorithms
  • economic decision-making,
    economic decision-making by algorithms
  • algorithms
  • robots
  • Artificial Intelligence (AI)
  • AI Agents
  • encapsulate
  • principles
  • accountable design
  • deployment of algorithms
  • contextualize
  • regulation of regulation
  • perspective of administrative law
  • methodological perspectives,
    range of methodological perspectives
  • algorithmic nuisance
  • fourth law of robotics
  • viability, to ensure the viability of
  • three laws

Previously filled.

Comments are closed.