This paper delves into the use of machine learning-based systems in decision-making processes and its implications for moral responsibility as traditionally defined. It focuses on the emergence of responsibility gaps and examines proposed strategies to address them. The paper aims to provide an introductory and comprehensive overview of the ongoing debate surrounding moral responsibility in automated decision-making. By thoroughly examining these issues, we seek to contribute to a deeper understanding of the implications of AI integration (...) in society. (shrink)

The intention of this paper is to point to the dilemma humanity may face in light of AI advancements. The dilemma is whether to create a world with less evil or maintain the human status of moral agents. This dilemma may arise as a consequence of using automated decision-making systems for high-stakes decisions. The use of automated decision-making bears the risk of eliminating human moral agency and autonomy and reducing humans to mere moral patients. (...) On the other hand, it also has the potential to bring tremendous benefits to humanity by decreasing human-induced harm in the world. After presenting how this dilemma may arise, I explore general avenues for addressing it. I will argue that we do not have to solve this dilemma in an all-or-nothing fashion and that a more nuanced approach may be suitable. However, the main point I want to highlight is that we need to have a principled way of addressing this dilemma, which is currently missing. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about (...) transparency, privacy and bias as unpersuasive or inapplicable. The chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)

Since approval of the EU General Data Protection Regulation (GDPR) in 2016, it has been widely and repeatedly claimed that the GDPR will legally mandate a ‘right to explanation’ of all decisions made by automated or artificially intelligent algorithmic systems. This right to explanation is viewed as an ideal mechanism to enhance the accountability and transparency of automated decision-making. However, there are several reasons to doubt both the legal existence and the feasibility of such a right. (...) In contrast to the right to explanation of specific automated decisions claimed elsewhere, the GDPR only mandates that data subjects receive meaningful, but properly limited, information (Articles 13-15) about the logic involved, as well as the significance and the envisaged consequences of automated decision-making systems, what we term a ‘right to be informed’. Further, the ambiguity and limited scope of the ‘right not to be subject to automated decision-making’ contained in Article 22 (from which the alleged ‘right to explanation’ stems) raises questions over the protection actually afforded to data subjects. These problems show that the GDPR lacks precise language as well as explicit and well-defined rights and safeguards against automated decision-making, and therefore runs the risk of being toothless. We propose a number of legislative and policy steps that, if taken, may improve the transparency and accountability of automated decision-making when the GDPR comes into force in 2018. (shrink)

Important decisions that impact humans lives, livelihoods, and the natural environment are increasingly being automated. Delegating tasks to so-called automated decision-making systems can improve efficiency and enable new solutions. However, these benefits are coupled with ethical challenges. For example, ADMS may produce discriminatory outcomes, violate individual privacy, and undermine human self-determination. New governance mechanisms are thus needed that help organisations design and deploy ADMS in ways that are ethical, while enabling society to reap the full economic (...) and social benefits of automation. In this article, we consider the feasibility and efficacy of ethics-based auditing as a governance mechanism that allows organisations to validate claims made about their ADMS. Building on previous work, we define EBA as a structured process whereby an entity’s present or past behaviour is assessed for consistency with relevant principles or norms. We then offer three contributions to the existing literature. First, we provide a theoretical explanation of how EBA can contribute to good governance by promoting procedural regularity and transparency. Second, we propose seven criteria for how to design and implement EBA procedures successfully. Third, we identify and discuss the conceptual, technical, social, economic, organisational, and institutional constraints associated with EBA. We conclude that EBA should be considered an integral component of multifaced approaches to managing the ethical risks posed by ADMS. (shrink)

Organisations increasingly use automated decision-making systems (ADMS) to inform decisions that affect humans and their environment. While the use of ADMS can improve the accuracy and efficiency of decision-making processes, it is also coupled with ethical challenges. Unfortunately, the governance mechanisms currently used to oversee human decision-making often fail when applied to ADMS. In previous work, we proposed that ethics-based auditing (EBA)—that is, a structured process by which ADMS are assessed for consistency with (...) relevant principles or norms—can (a) help organisations verify claims about their ADMS and (b) provide decision-subjects with justifications for the outputs produced by ADMS. In this article, we outline the conditions under which EBA procedures can be feasible and effective in practice. First, we argue that EBA is best understood as a ‘soft’ yet ‘formal’ governance mechanism. This implies that the main responsibility of auditors should be to spark ethical deliberation at key intervention points throughout the software development process and ensure that there is sufficient documentation to respond to potential inquiries. Second, we frame AMDS as parts of larger sociotechnical systems to demonstrate that to be feasible and effective, EBA procedures must link to intervention points that span all levels of organisational governance and all phases of the software lifecycle. The main function of EBA should, therefore, be to inform, formalise, assess, and interlink existing governance structures. Finally, we discuss the policy implications of our findings. To support the emergence of feasible and effective EBA procedures, policymakers and regulators could provide standardised reporting formats, facilitate knowledge exchange, provide guidance on how to resolve normative tensions, and create an independent body to oversee EBA of ADMS. (shrink)

The era of AI-based decision-making fast approaches, and anxiety is mounting about when, and why, we should keep “humans in the loop” (“HITL”). Thus far, commentary has focused primarily on two questions: whether, and when, keeping humans involved will improve the results of decision-making (making them safer or more accurate), and whether, and when, non-accuracy-related values—legitimacy, dignity, and so forth—are vindicated by the inclusion of humans in decision-making. Here, we take up a related (...) but distinct question, which has eluded the scholarship thus far: does it matter if humans appear to be in the loop of decision-making, independent from whether they actually are? In other words, what is stake in the disjunction between whether humans in fact have ultimate authority over decision-making versus whether humans merely seem, from the outside, to have such authority? Our argument proceeds in four parts. First, we build our formal model, enriching the HITL question to include not only whether humans are actually in the loop of decision-making, but also whether they appear to be so. Second, we describe situations in which the actuality and appearance of HITL align: those that seem to involve human judgment and actually do, and those that seem automated and actually are. Third, we explore instances of misalignment: situations in which systems that seem to involve human judgment actually do not, and situations in which systems that hold themselves out as automated actually rely on humans operating “behind the curtain.” Fourth, we examine the normative issues that result from HITL misalignment, arguing that it challenges individual decision-making about automated systems and complicates collective governance of automation. (shrink)

The growing use of automated decision-making (ADM) systems in the public sector and the need to control these has raised many legal questions in academic research and in policymaking. One of the timely means of legal control is accountability, which traditionally includes the ability to impose sanctions on the violator as one dimension. Even though many risks regarding the use of ADM have been noted and there is a common will to promote the safety of these systems, (...) the relevance of the safety research has been discussed little in this context. In this article, I evaluate regulating accountability over the use of ADM in the public sector in relation to the findings of safety research. I conducted the study by focusing on ongoing regulatory projects regarding ADM, the Finnish ADM legislation draft and the EU proposal for the AI Act. The critical question raised in the article is what the role of sanctions is. I ask if official accountability could mean more of an opportunity to learn from mistakes, share knowledge and compensate for harm instead of control via sanctions. (shrink)

Computers are used to make decisions in an increasing number of domains. There is widespread agreement that some of these uses are ethically problematic. Far less clear is where ethical problems arise, and what might be done about them. This paper expands and defends the Ethical Gravity Thesis: ethical problems that arise at higher levels of analysis of an automated decision-making system are inherited by lower levels of analysis. Particular instantiations of systems can add new problems, but (...) not ameliorate more general ones. We defend this thesis by adapting Marr’s famous 1982 framework for understanding information-processing systems. We show how this framework allows one to situate ethical problems at the appropriate level of abstraction, which in turn can be used to target appropriate interventions. (shrink)

Fueled by ever-growing amounts of (digital) data and advances in artificial intelligence, decision-making in contemporary societies is increasingly delegated to automated processes. Drawing from social science theories and from the emerging body of research about algorithmic appreciation and algorithmic perceptions, the current study explores the extent to which personal characteristics can be linked to perceptions of automated decision-making by AI, and the boundary conditions of these perceptions, namely the extent to which such perceptions differ (...) across media, (public) health, and judicial contexts. Data from a scenario-based survey experiment with a national sample (N = 958) show that people are by and large concerned about risks and have mixed opinions about fairness and usefulness of automated decision-making at a societal level, with general attitudes influenced by individual characteristics. Interestingly, decisions taken automatically by AI were often evaluated on par or even better than human experts for specific decisions. Theoretical and societal implications about these findings are discussed. (shrink)

The ongoing explosion of interest in artificial intelligence is fueled in part by recently developed techniques in machine learning. Those techniques allow automated systems to process huge amounts of data, utilizing mathematical methods that depart from traditional statistical approaches, and resulting in impressive advancements in our ability to make predictions and uncover correlations across a host of interesting domains. But as is now widely discussed, the way that those systems arrive at their outputs is often opaque, even to the (...) experts who design and deploy them. Is it morally problematic to make use of opaque automated methods when making high-stakes decisions, like whether to issue a loan to an applicant, or whether to approve a parole request? Many scholars answer in the affirmative. However, there is no widely accepted explanation for why transparent systems are morally preferable to opaque systems. We argue that the use of automated decision-making systems sometimes violates duties of consideration that are owed by decision-makers to decision-subjects, duties that are both epistemic and practical in character. Violations of that kind generate a weighty consideration against the use of opaque decision systems. In the course of defending our approach, we show that it is able to address three major challenges sometimes leveled against attempts to defend the moral import of transparency in automated decision-making. (shrink)

Various due process provisions designed for use by civil servants in administrative decision-making may become redundant when automated decision-making is taken into use in public administration. Problems with mechanisms of good government, responsibility and liability for automated decisions and the rule of law require attention of the law-maker in adapting legal provisions to this new form of decision-making. Although the general data protection regulation of the European Union is important in acknowledging (...) class='Hi'>automated decision-making, most of the legal safeguards within administrative due process have to be provided for by the national law-maker. It is suggested that all countries have a need to review their rules of administrative due process with a view to bringing them up to date regarding the requirements of automated decision-making. In whichever way the legislation is framed, the key issues are that persons who develop the algorithm and the code as well as persons who run or deal with the software within public authorities are aware of the preventive safeguards of legality in the context of automated decision-making, not only of the reactive safeguards constituted by the complaint procedures, and that legal mechanisms exist under which these persons can be held accountable and liable for decisions produced by automated decision-making. It is also argued that only rule-based systems of automatized decision-making are compatible with the rule of law and that there is a general interest in preventing a development into a rule of algorithm. (shrink)

Recent advances in artificial intelligence offer many beneficial prospects. However, concerns have been raised about the opacity of decisions made by these systems, some of which have turned out to be biased in various ways. This article makes a contribution to a growing body of literature on how to make systems for automated decision-making more transparent, explainable, and fair by drawing attention to and further elaborating a distinction first made by Nozick between first-level bias in the application (...) of standards and second-level bias in the choice of standards, as well as a second distinction between discrimination and arbitrariness. Applying the typology developed, a number of illuminating observations are made. First, it is observed that some reported bias in automated decision-making is first-level arbitrariness, which can be alleviated by explainability techniques. However, such techniques have only a limited potential to alleviate first-level discrimination. Second, it is argued that second-level arbitrariness is probably quite common in automated decision-making. In contrast to first-level arbitrariness, however, second-level arbitrariness is not straightforward to detect automatically. Third, the prospects for alleviating arbitrariness are discussed. It is argued that detecting and alleviating second-level arbitrariness is a profound problem because there are many contrasting and sometimes conflicting standards from which to choose, and even when we make intentional efforts to choose standards for good reasons, some second-level arbitrariness remains. (shrink)

The use of predictive machine learning algorithms is increasingly common to guide or even take decisions in both public and private settings. Their use is touted by some as a potentially useful method to avoid discriminatory decisions since they are, allegedly, neutral, objective, and can be evaluated in ways no human decisions can. By (fully or partly) outsourcing a decision process to an algorithm, it should allow human organizations to clearly define the parameters of the decision and to, (...) in principle, remove human biases. Yet, in practice, the use of algorithms can still be the source of wrongful discriminatory decisions based on at least three of their features: the data-mining process and the categorizations they rely on can reconduct human biases, their automaticity and predictive design can lead them to rely on wrongful generalizations, and their opaque nature is at odds with democratic requirements. We highlight that the two latter aspects of algorithms and their significance for discrimination are too often overlooked in contemporary literature. Though these problems are not all insurmountable, we argue that it is necessary to clearly define the conditions under which a machine learning decision tool can be used. We identify and propose three main guidelines to properly constrain the deployment of machine learning algorithms in society: algorithms should be vetted to ensure that they do not unduly affect historically marginalized groups; they should not systematically override or replace human decision-making processes; and the decision reached using an algorithm should always be explainable and justifiable. (shrink)

The ongoing Post Office scandal in the UK and the 2021 Child Daycare Benefit Scandal in the Netherlands make up exemplary cases of how digital automation has changed and in fact severely harmed trust relations ranging from trust in oneself over trust in social roles, trust in institutions, trust in technology and general trust. By looking closer at how digital automation in these cases generated ruptures in the lives of ordinary citizens and also affected the involved institutions and society at (...) large I discuss how we may begin to discuss the impact of digitalization on trust in societies. I start with an introduction to the panoramic view of trust, followed by a short description of the two scandals. Based on the exploration of the two cases I take an ex post facto perspective on the dynamic social events as they unfolded in the scandals in order to analyze how the introduction of digital automation tools affected trust relations. I draw attention to some of the most noticeable changes in the four relations of trust, which is trust in institutions, interpersonal trust, trust in oneself and trust in technology. (shrink)

While algorithmic decision-making (ADM) is projected to increase exponentially in the coming decades, the academic debate on whether people are ready to accept, trust, and use ADM as opposed to human decision-making is ongoing. The current research aims at reconciling conflicting findings on ‘algorithmic aversion’ in the literature. It does so by investigating algorithmic aversion while controlling for two important characteristics that are often associated with ADM: increased benefits (monetary and accuracy) and decreased user control. Across (...) three high-powered (Ntotal = 1192), preregistered 2 (agent: algorithm/human) × 2 (benefits: high/low) × 2 (control: user control/no control) between-subjects experiments, and two domains (finance and dating), the results were quite consistent: there is little evidence for a default aversion against algorithms and in favor of human decision makers. Instead, users accept or reject decisions and decisional agents based on their predicted benefits and the ability to exercise control over the decision. (shrink)

We are currently witnessing a sharp rise in the use of algorithmic decision-making tools. In these instances, a new wave of policy concerns is set forth. This article strives to map out these issues, separating the wheat from the chaff. It aims to provide policy makers and scholars with a comprehensive framework for approaching these thorny issues in their various capacities. To achieve this objective, this article focuses its attention on a general analytical framework, which will be applied (...) to a specific subset of the overall discussion. The analytical framework will reduce the discussion to two dimensions, every one of which addressing two central elements. These four factors call for a distinct discussion, which is at times absent in the existing literature. The two dimensions are the specific and novel problems the process assumedly generates and the specific attributes which exacerbate them. While the problems are articulated in a variety of ways, they most likely could be reduced to two broad categories: efficiency and fairness-based concerns. In the context of this discussion, such problems are usually linked to two salient attributes the algorithmic processes feature—its opaque and automated nature. (shrink)

Artificial intelligence plays an increasingly important role in legal disputes, influencing not only the reality outside the court but also the judicial decision-making process itself. While it is clear why judges may generally benefit from technology as a tool for reducing effort costs or increasing accuracy, the presence of technology in the judicial process may also affect the public perception of the courts. In particular, if individuals are averse to adjudication that involves a high degree of automation, particularly (...) given fairness concerns, then judicial technology may yield lower benefits than expected. However, the degree of aversion may well depend on how technology is used, i.e., on the timing and strength of judicial reliance on algorithms. Using an exploratory survey, we investigate whether the stage in which judges turn to algorithms for assistance matters for individual beliefs about the fairness of case outcomes. Specifically, we elicit beliefs about the use of algorithms in four different stages of adjudication: (i) information acquisition, (ii) information analysis, (iii) decision selection, and (iv) decision implementation. Our analysis indicates that individuals generally perceive the use of algorithms as fairer in the information acquisition stage than in other stages. However, individuals with a legal profession also perceive automation in the decision implementation stage as less fair compared to other individuals. Our findings, hence, suggest that individuals do care about how and when algorithms are used in the courts. (shrink)

Algorithmic decision-making based on profiling may significantly affect people’s destinies. As a rule, however, explanations for such decisions are lacking. What are the chances for a “right to explanation” to be realized soon? After an exploration of the regulatory efforts that are currently pushing for such a right it is concluded that, at the moment, the GDPR stands out as the main force to be reckoned with. In cases of profiling, data subjects are granted the right to receive (...) meaningful information about the functionality of the system in use; for fully automated profiling decisions even an explanation has to be given. However, the trade secrets and intellectual property rights (IPRs) involved must be respected as well. These conflicting rights must be balanced against each other; what will be the outcome? Looking back to 1995, when a similar kind of balancing had been decreed in Europe concerning the right of access (DPD), Wachter et al. (2017) find that according to judicial opinion only generalities of the algorithm had to be disclosed, not specific details. This hardly augurs well for a future right of access let alone to explanation. Thereupon the landscape of IPRs for machine learning (ML) is analysed. Spurred by new USPTO guidelines that clarify when inventions are eligible to be patented, the number of patent applications in the US related to ML in general, and to “predictive analytics” in particular, has soared since 2010—and Europe has followed. I conjecture that in such a climate of intensified protection of intellectual property, companies may legitimately claim that the more their application combines several ML assets that, in addition, are useful in multiple sectors, the more value is at stake when confronted with a call for explanation by data subjects. Consequently, the right to explanation may be severely crippled. (shrink)

Algorithm Decision Making (ADM) systems designed to augment or automate human decision-making have the potential to produce better decisions while also freeing up human time and attention for other pursuits. For this potential to be realised, however, algorithmic decisions must be sufficiently aligned with human goals and interests. We take a Principal-Agent (P-A) approach to the questions of ADM alignment and trust. In a broad sense, ADM is beneficial if and only if human principals can trust (...) algorithmic agents to act faithfully on their behalf. This mirrors the challenge of facilitating P-A relationships among humans, but the peculiar nature of human-machine interaction also raises unique issues. The problem of asymmetric information is omnipresent but takes a different form in the context of ADM. Although the decision-making machinery of an algorithmic agent can in principle be laid bare for all to see, the sheer complexity of ADM systems based on deep learning models prevents straightforward monitoring. We draw on literature from economics and political science to argue that the problem of trust in ADM systems should be addressed at the level of institutions. Although the dyadic relationship between human principals and algorithmic agents is our ultimate concern, cooperation at this level must rest against an institutional environment which allows humans to effectively evaluate and choose among algorithmic alternatives. (shrink)

With the advent of automated decision-making, governments have increasingly begun to rely on artificially intelligent algorithms to inform policy decisions across a range of domains of government interest and influence. The practice has not gone unnoticed among philosophers, worried about “algocracy”, and its ethical and political impacts. One of the chief issues of ethical and political significance raised by algocratic governance, so the argument goes, is the lack of transparency of algorithms. One of the best-known examples of (...) philosophical analyses of algocracy is John Danaher’s “The threat of algocracy”, arguing that government by algorithm undermines political legitimacy. In this paper, I will treat Danaher’s argument as a springboard for raising additional questions about the connections between algocracy, comprehensibility, and legitimacy, especially in light of empirical results about what we can expect the voters and policymakers to know. The paper has the following structure: in Sect. 2, I introduce the basics of Danaher’s argument regarding algocracy. In Sect. 3 I argue that the algocratic threat to legitimacy has troubling implications for social justice. In Sect. 4, I argue that, nevertheless, there seem to be good reasons for governments to rely on algorithmic decision support systems. Lastly, I try to resolve the apparent tension between the findings of the two preceding Sections. (shrink)

Should decision-making algorithms be held to higher standards of transparency than human beings? The way we answer this question directly impacts what we demand from explainable algorithms, how we govern them via regulatory proposals, and how explainable algorithms may help resolve the social problems associated with decision making supported by artificial intelligence. Some argue that algorithms and humans should be held to the same standards of transparency and that a double standard of transparency is hardly justified. (...) We give two arguments to the contrary and specify two kinds of situations for which higher standards of transparency are required from algorithmic decisions as compared to humans. Our arguments have direct implications on the demands from explainable algorithms in decision-making contexts such as automated transportation. (shrink)

One recent priority of the U.S. government is developing autonomous robotic systems. The U.S. Army has funded research to design a metric of evil to support military commanders with ethical decision-making and, in the future, allow robotic military systems to make autonomous ethical judgments. We use this particular project as a case study for efforts that seek to frame morality in quantitative terms. We report preliminary results from this research, describing the assumptions and limitations of a program that (...) assesses the relative evil of two courses of action. We compare this program to other attempts to simulate ethical decision-making, assess possibilities for overcoming the trade-off between input simplification and output reliability, and discuss the responsibilities of users and designers in implementing such programs. We conclude by discussing the implications that this project highlights for the successes and challenges of developing automated mechanisms for ethical decision making. (shrink)

The growing uses of algorithm-based decision-making in human resources management have drawn considerable attention from different stakeholders. While prior literature mainly focused on stakeholders directly related to HR decisions (e.g., employees), this paper pertained to a third-party observer perspective and investigated how consumers would respond to companies’ adoption of algorithm-based HR decision-making. Through five experimental studies, we showed that the adoption of algorithm-based (vs. human-based) HR decision-making could induce consumers’ unfavorable ethicality inferences of the (...) company (study 1); because implementing a calculative and data-driven approach (i.e. algorithm-based) to make employee-related decisions violates the deontological principles of respectful employee treatment (study 2). However, this effect was attenuated when consumers had high (vs. low) power distance beliefs (study 3); the algorithm served as assistance (vs. replacement) for human decisions (study 4); or the adoption was framed as employee-oriented (vs. company-oriented) motivated (study 5). Our findings suggested that consumers are aversive to algorithm-based HR decision-making because it is deontologically problematic regardless of its decision quality (i.e. accuracy). This paper contributes to the extant understanding of stakeholders’ responses to algorithm-based HR decision-making and consumers’ attitudes toward algorithm users. (shrink)

The rapidly increasing role of automation throughout the economy, culture and our personal lives has generated a large literature on the risks of algorithmic decision-making, particularly in high-stakes legal settings. Algorithmic tools are charged with bias, shrouded in secrecy, and frequently difficult to interpret. However, these criticisms have tended to focus on particular implementations, specific predictive techniques, and the idiosyncrasies of the American legal-regulatory regime. They do not address the more fundamental unease about the prospect that we might (...) one day replace judges with algorithms, no matter how fair, transparent, and intelligible they become. The aim of this paper is to propose an account of the source of that unease, and to evaluate its plausibility. I trace foundational unease with algorithmic decision-making in the law to the powerful intuition that there is a basic moral and legal difference between showing that something is true of many people just like you and showing that it is true of you. Human judgment attends to the exception; automation insists on blindly applying the rule. I show how this intuitive thought is connected to both epistemological arguments about the value of statistical evidence, as well as to court-centered conceptions of the rule of law. Unease with algorithmic decision-making in the law thus draws on an intuitive principle that underpins a disparate range of views in legal philosophy. This suggests the principle is deeply ingrained. Nonetheless, I argue that the powerful intuition is not as decisive as it may seem, and indeed runs into significant epistemological and normative challenges. At an epistemological level, I show how concerns about statistical evidence's ability to track the truth can be resolved by adopting a probabilistic, rather than modal, conception of truth-tracking. At a normative level, commitment to highly individualized decision-making co-exists with equally ingrained and competing principles, such as consistent application of law. This suggests that the “rule of law” may not identify a discrete set of institutional arrangements, as proponents of a court-centric conception would have it, but rather a more loosely defined set of values that could potentially be operationalized in multiple ways, including through some level of algorithmic adjudication. Although the prospect of replacing judges with algorithms is indeed unsettling, it does not necessarily entail unreasonable verdicts or an attack on the rule of law. (shrink)

We are sceptical of concerns over the opacity of algorithmic decision tools. While transparency and explainability are certainly important desiderata in algorithmic governance, we worry that automated decision-making is being held to an unrealistically high standard, possibly owing to an unrealistically high estimate of the degree of transparency attainable from human decision-makers. In this paper, we review evidence demonstrating that much human decision-making is fraught with transparency problems, show in what respects AI fares (...) little worse or better and argue that at least some regulatory proposals for explainable AI could end up setting the bar higher than is necessary or indeed helpful. The demands of practical reason require the justification of action to be pitched at the level of practical reason. Decision tools that support or supplant practical reasoning should not be expected to aim higher than this. We cast this desideratum in terms of Daniel Dennett’s theory of the “intentional stance” and argue that since the justification of action for human purposes takes the form of intentional stance explanation, the justification of algorithmic decisions should take the same form. In practice, this means that the sorts of explanations for algorithmic decisions that are analogous to intentional stance explanations should be preferred over ones that aim at the architectural innards of a decision tool. (shrink)

If our choices make us who we are, then what does that mean when these choices are made in the human-machine interface? Developing a clear understanding of how human decision making is influenced by automated systems in the environment is critical because, as human-machine interfaces and assistive robotics become even more ubiquitous in everyday life, many daily decisions will be an emergent result of the interactions between the human and the machine – not stemming solely from the (...) human. For example, choices can be influenced by the relative locations and motor costs of the response options, as well as by the timing of the response prompts. In drift diffusion model simulations of response-prompt timing manipulations, we find that it is only relatively equibiased choices that will be successfully influenced by this kind of perturbation. However, with drift diffusion model simulations of motor cost manipulations, we find that even relatively biased choices can still show some influence of the perturbation. We report the results of a two-alternative forced-choice experiment with a computer mouse modified to have a subtle velocity bias in a pre-determined direction for each trial, inducing an increased motor cost to move the cursor away from the pre-designated target direction. With queries that have each been normed in advance to be equibiased in people’s preferences, the participant will often begin their mouse movement before their cognitive choice has been finalized, and the directional bias in the mouse velocity exerts a small but significant influence on their final choice. With queries that are not equibiased, a similar influence is observed. By exploring the synergies that are developed between humans and machines and tracking their temporal dynamics, this work aims to provide insight into our evolving decisions. (shrink)

This paper addresses the black-box problem in artificial intelligence (AI), and the related problem of explainability of AI in the legal context. We argue, first, that the black box problem is, in fact, a superficial one as it results from an overlap of four different – albeit interconnected – issues: the opacity problem, the strangeness problem, the unpredictability problem, and the justification problem. Thus, we propose a framework for discussing both the black box problem and the explainability of AI. We (...) argue further that contrary to often defended claims the opacity issue is not a genuine problem. We also dismiss the justification problem. Further, we describe the tensions involved in the strangeness and unpredictability problems and suggest some ways to alleviate them. (shrink)

Automated decision-making takes up an increasingly significant place in the administrative state. This article presents a conception of discretion that is helpful for evaluating the proper place of algorithms in public decision-making. I argue that the algorithm itself is not a site of discretion. The threat is that automated decision-making alters the relationships between traditional actors in a way that can cut down discretion and human commitment. Algorithmic decision-makers can serve to (...) fetter the discretion that the legislature and the populace expect to be exercised. We must strive to maintain discretion, moral agency, deliberative ideals, and human commitment through the system that surrounds the use of an algorithm and to develop a new expertise that can retain and exercise the expected discretion. Backing this argument are traditional legal constraints, public expectations, and administrative law principles, tied together through the organizing principle of discretion. (shrink)

Progress in machine learning and artificial intelligence has spurred the widespread adoption of automated decision systems (ADS). An extensive literature explores what conditions must be met for these systems' decisions to be fair. However, questions of legitimacy -- why those in control of ADS are entitled to make such decisions -- have received comparatively little attention. This paper shows that when such questions are raised theorists often incorrectly conflate legitimacy with either public acceptance or other substantive values such (...) as fairness, accuracy, expertise or efficiency. In search of better theories, we conduct a critical analysis of the philosophical literature on the legitimacy of the state, focusing on consent, public reason, and democratic authorisation. This analysis reveals that the prevailing understanding of legitimacy in analytical political philosophy is also ill-suited to the task of establishing whether and when ADS are legitimate. The paper thus clarifies expectations for theories of ADS legitimacy and charts a path for a future research programme on the topic. (shrink)

Many seem to think that AI-induced responsibility gaps are morally bad and therefore ought to be avoided. We argue, by contrast, that there is at least a pro tanto reason to welcome responsibility gaps. The central reason is that it can be bad for people to be responsible for wrongdoing. This, we argue, gives us one reason to prefer automated decision-making over human decision-making, especially in contexts where the risks of wrongdoing are high. While we (...) are not the first to suggest that responsibility gaps should sometimes be welcomed, our argument is novel. Others have argued that responsibility gaps should sometimes be welcomed because they can reduce or eliminate the psychological burdens caused by tragic moral choice-situations. By contrast, our argument explains why responsibility gaps should sometimes be welcomed even in the absence of tragic moral choice-situations, and even in the absence of psychological burdens. (shrink)

In this article, I shall examine some of the issues and questions involved in the technology of autonomous robots, a technology that has developed greatly and is advancing rapidly. I shall do so with reference to a particularly critical field: autonomous military robotic systems. In recent times, various issues concerning the ethical implications of these systems have been the object of increasing attention from roboticists, philosophers and legal experts. The purpose of this paper is not to deal with these issues, (...) but to show how the autonomy of those robotic systems, by which I mean the full automation of their decision processes, raises difficulties and also paradoxes that are not easy to solve. This is especially so when considering the autonomy of those robotic systems in their decision processes alongside their reliability. Finally, I would like to show how difficult it is to respond to these difficulties and paradoxes by calling into play a strong formulation of the precautionary principle. (shrink)

Although various models of ethical decision making have implicitly called upon constructs governed by working memory capacity , a study examining this relationship specifically has not been conducted. Using a sense making framework of EDM, we examined the relationship between WMC and various sensemaking processes contributing to EDM. Participants completed an online assessment comprised of a demographic survey, intelligence test, various EDM measures, and the Automated Operation Span task to determine WMC. Results indicated that WMC accounted (...) for unique variance above and beyond ethics education, exposure to ethical issues, and intelligence in several sensemaking processes. Additionally, a marginally significant effect of WMC was also found with reference to EDM. Individual differences in WMC appear likely to play an important role in the ethical decision-making process, and future researchers may wish to consider their potential influences. (shrink)

The algorithmic accountability literature to date has primarily focused on procedural tools to govern automated decision-making systems. That prescriptive literature elides a fundamentally empirical question: whether and under what circumstances, if any, is the use of algorithmic systems to make public policy decisions perceived as legitimate? The present study begins to answer this question. Using factorial vignette survey methodology, we explore the relative importance of the type of decision, the procedural governance, the input data used, and (...) outcome errors on perceptions of the legitimacy of algorithmic public policy decisions as compared to similar human decisions. Among other findings, we find that the type of decision—low importance versus high importance—impacts the perceived legitimacy of automated decisions. We find that human governance of algorithmic systems increases perceptions of the legitimacy of algorithmic decision-making systems, even when those decisions are likely to result in significant errors. Notably, we also find the penalty to perceived legitimacy is greater when human decision-makers make mistakes than when algorithmic systems make the same errors. The positive impact on perceived legitimacy from governance—such as human-in-the-loop—is greatest for highly pivotal decisions such as parole, policing, and healthcare. After discussing the study’s limitations, we outline avenues for future research. (shrink)

The use of artificial intelligence (AI) in healthcare comes with opportunities but also numerous challenges. A specific challenge that remains underexplored is the lack of clear and distinct definitions of the concepts used in and/or produced by these algorithms, and how their real world meaning is translated into machine language and vice versa, how their output is understood by the end user. This “semantic” black box adds to the “mathematical” black box present in many AI systems in which the underlying (...) “reasoning” process is often opaque. In this way, whereas it is often claimed that the use of AI in medical applications will deliver “objective” information, the true relevance or meaning to the end‐user is frequently obscured. This is highly problematic as AI devices are used not only for diagnostic and decision support by healthcare professionals, but also can be used to deliver information to patients, for example to create visual aids for use in shared decision‐making. This paper provides an examination of the range and extent of this problem and its implications, on the basis of cases from the field of intensive care nephrology. We explore how the problematic terminology used in human communication about the detection, diagnosis, treatment, and prognosis of concepts of intensive care nephrology becomes a much more complicated affair when deployed in the form of algorithmic automation, with implications extending throughout clinical care, affecting norms and practices long considered fundamental to good clinical care. (shrink)

Enterprise resource planning (ERP) has a significant impact on modern businesses by enhancing productivity, automation, and streamlining of business processes, even accounting. Manufacturers can assure proper functioning and timely client demand using ERP software. Coordination, procurement control, inventory control, and dispatch of commodities are all features of supply chain management.

As automation in artificial intelligence is increasing, we will need to automate a growing amount of ethical decision making. However, ethical decision- making raises novel challenges for engineers, ethicists and policymakers, who will have to explore new ways to realize this task. The presented work focuses on the development and formalization of models that aim at ensuring a correct ethical behaviour of artificial intelligent agents, in a provable way, extending and implementing a logic-based proving calculus that (...) is based on argumentation reasoning with support and attack arguments. This leads to a formal theoretical framework of ethical competence that could be implemented in artificial intelligent systems in order to best formalize certain parameters of ethical decision-making to ensure safety and justified trust. (shrink)

Algorithmic decision making is used in an increasing number of fields. Letting automated processes take decisions raises the question of their accountability. In the field of computational journalism, the algorithmic accountability framework proposed by Diakopoulos formalizes this challenge by considering algorithms as objects of human creation, with the goal of revealing the intent embedded into their implementation. A consequence of this definition is that ensuring accountability essentially boils down to a transparency question: given the appropriate reverse-engineering tools, (...) it should be feasible to extract design criteria and to identify intentional biases. General limitations of this transparency ideal have been discussed by Ananny and Crawford :973–989, 2018). We further focus on its technical limitations. We show that even if reverse-engineering concludes that the criteria embedded into an algorithm correspond to its publicized intent, it may be that adversarial behaviors make the algorithm deviate from its expected operation. We illustrate this issue with an automated news recommendation system, and show how the classification algorithms used in such systems can be fooled with hard-to-notice modifications of the articles to classify. We therefore suggest that robustness against adversarial behaviors should be taken into account in the definition of algorithmic accountability, to better capture the risks inherent to algorithmic decision making. We finally discuss the various challenges that this new technical limitation raises for journalism practice. (shrink)

Existing discussions about automated decision-making focus primarily on its inputs and outputs, raising questions about data collection and privacy on one hand and accuracy and fairness on the other. Less attention has been devoted to critically examining the temporality of decision-making processes—the speed at which automated decisions are reached. In this paper, I identify four dimensions of algorithmic speed that merit closer analysis. Duration (how much time it takes to reach a judgment), timing (when (...) automated systems intervene in the activity being evaluated), frequency (how often evaluations are performed), and lived time (the human experience of algorithmic speed) are interrelated, but distinct, features of automated decision-making. Choices about the temporal structure of automated decision-making systems have normative implications, which I describe in terms of "disruption," "displacement," "re-calibration," and "temporal fairness," with values such as accuracy, fairness, accountability, and legitimacy hanging in the balance. As computational tools are increasingly tasked with making judgments about human activities and practices, the designers of decision-making systems will have to reckon, I argue, with when—and how fast—judgments ought to be rendered. Though computers are capable of reaching decisions at incredible speeds, failing to account for the temporality of automated decision-making risks misapprehending the costs and benefits automation promises. (shrink)

Artificial intelligence-based (AI) technologies such as machine learning (ML) systems are playing an increasingly relevant role in medicine and healthcare, bringing about novel ethical and epistemological issues that need to be timely addressed. Even though ethical questions connected to epistemic concerns have been at the center of the debate, it is going unnoticed how epistemic forms of injustice can be ML-induced, specifically in healthcare. I analyze the shortcomings of an ML system currently deployed in the USA to predict patients’ likelihood (...) of opioid addiction and misuse (PDMP algorithmic platforms). Drawing on this analysis, I aim to show that the wrong inflicted on epistemic agents involved in and affected by these systems’ decision-making processes can be captured through the lenses of Miranda Fricker’s account of hermeneutical injustice. I further argue that ML-induced hermeneutical injustice is particularly harmful due to what I define as an automated hermeneutical appropriation from the side of the ML system. The latter occurs if the ML system establishes meanings and shared hermeneutical resources without allowing for human oversight, impairing understanding and communication practices among stakeholders involved in medical decision-making. Furthermore and very much crucially, an automated hermeneutical appropriation can be recognized if physicians are strongly limited in their possibilities to safeguard patients from ML-induced hermeneutical injustice. Overall, my paper should expand the analysis of ethical issues raised by ML systems that are to be considered epistemic in nature, thus contributing to bridging the gap between these two dimensions in the ongoing debate. (shrink)

In the contemporary digital age, recommender systems (RSs) play a fundamental role in managing information on online platforms: from social media to e-commerce, from travels to cultural consumptions, automated recommendations influence the everyday choices of users at an unprecedented scale. RSs are trained on users’ data to make targeted suggestions to individuals according to their expected preference, but their ultimate impact concerns all the multiple stakeholders involved in the recommendation process. Therefore, whilst RSs are useful to reduce information overload, (...) their deployment comes with significant ethical challenges, which are still largely unaddressed because of proprietary constraints and regulatory gaps that limit the effects of standard approaches to explainability and transparency. In this context, I address the ethical and social implications of automated recommendations by proposing a pro-ethical design framework aimed at reorienting the influence of RSs towards societal interest. In particular, after highlighting the problem of explanation for RSs, I discuss the application of beneficent informational nudging to the case of conversational recommender systems (CRSs), which rely on user-system dialogic interactions. Subsequently, through a comparison with standard recommendations, I outline the incentives for platforms and providers in adopting this approach and its benefits for both individual users and society. (shrink)

In this paper we focus on how automated vehicles can reduce the number of deaths and injuries in accident situations in order to protect public health. This is actually a problem not only of public health and ethics, but also of big data—not only in terms of all the different data that could be used to inform such decisions, but also in the sense of deciding how wide the scope of data should be. We identify three key different types (...) of data, including basic data, advanced data and preference data, provide an ethical analysis of the use of these different types of data and of different ways of prioritizing between pedestrians and passengers, and propose four rules that can help set ethical priorities for ethical data use and decision making by automated vehicles. (shrink)

This article will rework the classical question ‘Can a machine think?’ into a more specific problem: ‘Can a machine think anything new?’ It will consider traditional computational tasks such as prediction and decision-making, so as to investigate whether the instrumentality of these operations can be understood in terms of the creation of novel thought. By addressing philosophical and technoscientific attempts to mechanise thought on the one hand, and the philosophical and cultural critique of these attempts on the other, (...) I will argue that computation’s epistemic productions should be assessed vis-à-vis the logico-mathematical specificity of formal axiomatic systems. Such an assessment requires us to conceive automated modes of thought in such a way as to supersede the hope that machines might replicate human cognitive faculties, and to thereby acknowledge a form of onto-epistemological autonomy in automated ‘thinking’ processes. This involves moving beyond the view that machines might merely simulate humans. Machine thought should be seen as dramatically alien to human thought, and to the dimension of lived experience upon which the latter is predicated. Having stepped outside the simulative paradigm, the question ‘Can a machine think anything new?’ can then be reformulated. One should ask whether novel behaviour in computing might come not from the breaking of mechanical rules, but from following them: from doing what computers do already, and not what we might think they should be doing if we wanted them to imitate us. (shrink)

This article will rework the classical question ‘Can a machine think?’ into a more specific problem: ‘Can a machine think anything new?’ It will consider traditional computational tasks such as prediction and decision-making, so as to investigate whether the instrumentality of these operations can be understood in terms of the creation of novel thought. By addressing philosophical and technoscientific attempts to mechanise thought on the one hand, and the philosophical and cultural critique of these attempts on the other, (...) I will argue that computation’s epistemic productions should be assessed vis-à-vis the logico-mathematical specificity of formal axiomatic systems. Such an assessment requires us to conceive automated modes of thought in such a way as to supersede the hope that machines might replicate human cognitive faculties, and to thereby acknowledge a form of onto-epistemological autonomy in automated ‘thinking’ processes. This involves moving beyond the view that machines might merely simulate humans. Machine thought should be seen as dramatically alien to human thought, and to the dimension of lived experience upon which the latter is predicated. Having stepped outside the simulative paradigm, the question ‘Can a machine think anything new?’ can then be reformulated. One should ask whether novel behaviour in computing might come not from the breaking of mechanical rules, but from following them: from doing what computers do already, and not what we might think they should be doing if we wanted them to imitate us. (shrink)

Automated legal reasoning and its application in smart contracts and automated decisions are increasingly attracting interest. In this context, ethical and legal concerns make it necessary for automated reasoners to justify in human-understandable terms the advice given. Logic Programming, specially Answer Set Programming, has a rich semantics and has been used to very concisely express complex knowledge. However, modelling discretionality to act and other vague concepts such as ambiguity cannot be expressed in top-down execution models based on (...) Prolog, and in bottom-up execution models based on ASP the justifications are incomplete and/or not scalable. We propose to use s(CASP), a top-down execution model for predicate ASP, to model vague concepts following a set of patterns. We have implemented a framework, called s(LAW), to model, reason, and justify the applicable legislation and validate it by translating (and benchmarking) a representative use case, the criteria for the admission of students in the “Comunidad de Madrid”. (shrink)

Human decisions are increasingly supported by decision support systems (DSS). Humans are required to remain “on the loop,” by monitoring and approving/rejecting machine recommendations. However, use of DSS can lead to overreliance on machines, reducing human oversight. This paper proposes “reflection machines” (RM) to increase meaningful human control. An RM provides a medical expert not with suggestions for a decision, but with questions that stimulate reflection about decisions. It can refer to data points or suggest counterarguments that are (...) less compatible with the planned decision. RMs think against the proposed decision in order to increase human resistance against automation complacency. Building on preliminary research, this paper will (1) make a case for deriving a set of design requirements for RMs from EU regulations, (2) suggest a way how RMs could support decision-making, (3) describe the possibility of how a prototype of an RM could apply to the medical domain of chronic low back pain, and (4) highlight the importance of exploring an RM’s functionality and the experiences of users working with it. (shrink)

Increasingly, our cities are confronted with crises. Fuelled by climate change and a loss of biodiversity, increasing inequalities and fragmentation, challenges range from social unrest and outbursts of violence to heatwaves, torrential rainfall, or epidemics. As crises require rapid interventions that overwhelm human decision-making capacity, AI has been portrayed as a potential avenue to support or even automate decision-making. In this paper, I analyse the specific challenges of AI in urban crisis management as an example and (...) test case for many super wicked decision problems. These super wicked problems are characterised by a coincidence of great complexity and urgency. I will argue that from this combination, specific challenges arise that are only partially covered in the current guidelines and standards around trustworthy or human-centered AI. By following a decision-centric perspective, I argue that to solve urgent crisis problems, the context, capacities, and networks need to be addressed. AI for crisis response needs to follow dedicated design principles that ensure (i) human control in complex social networks, where many humans interact with AI; (ii) principled design that considers core principles of crisis response such as solidarity and humanity; (iii) designing for the most vulnerable. As such this paper is meant to inspire researchers, AI developers and practitioners in the space of AI for (urban) crisis response – and other urgent and complex problems that urban planners are confronted with. (shrink)