AI and Technology-Facilitated Violence and Abuse

in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021)

Posted: 4 Dec 2020

See all articles by Jane Bailey

Jane Bailey

University of Ottawa - Common Law Section

Jacquelyn Burkell

Faculty of Information and Media Studies

Suzie Dunn

affiliation not provided to SSRN

Chandell Gosse

affiliation not provided to SSRN

Valerie Steeves

University of Ottawa - Criminology

Date Written: November 2, 2020

Abstract

Artificial intelligence (AI) is being used—and is in some cases specifically designed—to cause harms against members of equality-seeking communities. These harms, which we term “equality harms” have individual and collective effects, and emanate from both “direct” and “structural” violence. Discussions about the role of AI in technology-facilitated violence and abuse (TFVA) sometimes do not include equality harms specifically. When they do, they frequently focus on individual equality harms caused by “direct” violence (e.g. the use of deepfakes to create non-consensual pornography to harass or degrade individual women). Often little attention is paid to the collective equality harms that flow from structural violence, including those that arise from corporate actions motivated by the drive to profit from data flows (e.g. algorithmic profiling). Addressing TFVA in a comprehensive way means considering equality harms arising from both individual and corporate behaviours. This will require going beyond criminal law reforms to punish “bad” individual actors, since responses focused on individual wrongdoers fail to address the social impact of the structural violence that flows from some commercial uses of AI. Although, in many cases, the harms occasioned by these (ab)uses of AI are the very sort of harms that law is used to address or has been used to address, existing Canadian law is not currently well placed to meaningfully address equality harms.

Keywords: AI; technology-facilitated violence; technology-facilitated abuses; TFVA; TFV; deep fake; Canada; algorithmic profiling

Suggested Citation

Bailey, Jane and Burkell, Jacquelyn and dunn, suzie and Gosse, Chandell and Steeves, Valerie, AI and Technology-Facilitated Violence and Abuse (November 2, 2020). in Florian Martin-Bariteau & Teresa Scassa, eds., Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021), Available at SSRN: https://ssrn.com/abstract=3734663

Jane Bailey (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 ext. 2364 (Phone)
613-562-5124 (Fax)

Jacquelyn Burkell

Faculty of Information and Media Studies ( email )

FIMS and Nursing Building, Rm. 2050
London, Ontario N6A 5B9
Canada
5q9-661-2111 ext 88506 (Phone)

Suzie Dunn

affiliation not provided to SSRN

Chandell Gosse

affiliation not provided to SSRN

Valerie Steeves

University of Ottawa - Criminology ( email )

25 University Street
Ottawa, Ontario K1N 6N5
Canada
(613) 562-5800 ext. 1793 (Phone)
(613) 562-5304 (Fax)

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Abstract Views
205
PlumX Metrics