Data-Informed Duties in AI Development

25 Pages Posted: 28 Dec 2019

See all articles by Frank A. Pasquale

Frank A. Pasquale

University of Maryland Francis King Carey School of Law; Yale University - Yale Information Society Project

Date Written: 2019

Abstract

Law should help direct—and not merely constrain—the development of artificial intelligence (AI). One path to influence is the development of standards of care both supplemented and informed by rigorous regulatory guidance. Such standards are particularly important given the potential for inaccurate and inappropriate data to contaminate machine learning. Firms relying on faulty data can be required to compensate those harmed by that data use—and should be subject to punitive damages when such use is repeated or willful. Regulatory standards for data collection, analysis, use, and stewardship can inform and complement generalist judges. Such regulation will not only provide guidance to industry to help it avoid preventable accidents. It will also assist a judiciary that is increasingly called upon to develop common law in response to legal disputes arising out of the deployment of AI.

Keywords: artificial intelligence, AI, intelligence augmentation, responsibility, data, data protection, tort, regulation, interplay of tort law and regulation, health

Suggested Citation

Pasquale, Frank A., Data-Informed Duties in AI Development (2019). 119 Columbia Law Review 1917 (2019); U of Maryland Legal Studies Research Paper No. 2019-14. Available at SSRN: https://ssrn.com/abstract=3503121

Frank A. Pasquale (Contact Author)

University of Maryland Francis King Carey School of Law ( email )

500 West Baltimore Street
Baltimore, MD 21201-1786
United States
410-706-4820 (Phone)
410-706-0407 (Fax)

Yale University - Yale Information Society Project ( email )

127 Wall Street
New Haven, CT 06511
United States

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
144
Abstract Views
917
rank
216,154
PlumX Metrics