AI Advice: The Irony of Big Data Disclosures and the New Advice Paradigm
49 Pages Posted: 28 Aug 2020
Date Written: July 21, 2020
This Article merges one of our most ancient technologies for the promotion of welfare — advice — with some of our most recent — artificial intelligence (AI) and big data. This is the first Article to introduce and examine the possibility of AI advice. It critiques and expands upon an explosion of scholarship in the last two years on personalized law. The Article first rejects recent attempts to rehabilitate mandatory disclosures by personalizing them. Ironically, the technological progress required to create effective Big Data disclosures will itself substantially reduce the need for such disclosures. In this future, advice, not disclosure, will be the dominant paradigm. The Article then dissects our everyday practices of advice-giving to unearth a number of powerful features of advice that promote self-efficacy, reduce motivated reasoning, and overall make it more likely that people will hear and heed good advice. The capacity to bundle these features with exceedingly accurate recommendations makes AI advice far superior to its two main regulatory rivals: mandatory disclosure and nudges.
Keywords: behavioral law and economics, nudge
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