Managing Corporations’ Risk in Adopting Artificial Intelligence: A Corporate Responsibility Paradigm

(2021) 19 Washington University Global Studies Law Review (forthcoming)

33 Pages Posted: 25 Feb 2021

See all articles by Iris H-Y Chiu

Iris H-Y Chiu

University College London - Faculty of Laws; ECGI

Ernest Lim

National University of Singapore (NUS) - Faculty of Law

Date Written: September 1, 2020

Abstract

Machine learning (ML) raises issues of risk for corporate and commercial use that are distinct from the legal risks involved in deploying robots that may be more deterministic in nature. Such issues of risk relate to what data is being input for the learning processes for ML, the risks of bias, and hidden, sub-optimal assumptions; how such data is processed by ML to reach its ‘outcome,’ leading sometimes to perverse results such as unexpected errors, harm, difficult choices, and even sub-optimal behavioural phenomena; and who should be accountable for such risks. While extant literature provides rich discussion of these issues, there are only emerging regulatory frameworks and soft law in the form of ethical principles to guide corporations navigating this area of innovation.

This article focuses on corporations that deploy ML, rather than on producers of ML innovations, in order to chart a framework for guiding strategic corporate decisions in adopting ML. We argue that such a framework necessarily integrates corporations’ legal risks and their broader accountability to society. The navigation of ML innovations is not carried out within a ‘compliance landscape’ for corporations, given that the laws and regulations governing corporations’ use of ML are yet emerging. Corporations’ deployment of ML is being scrutinised by the industry, stakeholders, and broader society as governance initiatives are being developed in a number of bottom-up quarters. We argue that corporations should frame their strategic deployment of ML innovations within a ‘thick and broad’ paradigm of corporate responsibility that is inextricably connected to business-society relations.

Keywords: machine learning, artificial intelligence, regulation, responsibility

Suggested Citation

Chiu, Iris H-Y and Lim, Ernest, Managing Corporations’ Risk in Adopting Artificial Intelligence: A Corporate Responsibility Paradigm (September 1, 2020). (2021) 19 Washington University Global Studies Law Review (forthcoming), Available at SSRN: https://ssrn.com/abstract=3780586

Iris H-Y Chiu

University College London - Faculty of Laws ( email )

Gower St
London WC1E OEG, WC1E 6BT
United Kingdom

ECGI ( email )

c/o the Royal Academies of Belgium
Rue Ducale 1 Hertogsstraat
1000 Brussels
Belgium

Ernest Lim (Contact Author)

National University of Singapore (NUS) - Faculty of Law ( email )

469G Bukit Timah Road
Eu Tong Sen Building
Singapore, 259776
Singapore

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