Transparency is a Misplaced Regulatory Focus for Holding Adaptive Software as Medical Devices (SaMDs) Accountable
Quy Mai Adaptive Software as Medical Devices (SaMDs) play an increasingly critical role within clinical settings, assisting physicians with illness detection, diagnosis, and analysis. Use of Artificial Intelligence/Machine Learning (AI/ML) techniques, such as deep machine learning and neural networks, lends adaptive SaMDs unparalleled analytical power, but not without risks. Adaptive SaMDs are typically “black-box,” meaning that they compute data such that no one can determine how it rendered outputs. “Transparency,” in the form of explainability, is frequently raised in policy discussions as a solution to track when the SaMD has erred in computing outputs. The FDA, in seeking to uphold...
Curbing Widespread Discrimination by Artificial Intelligence Hiring Tools: An Ex Ante Solution
Bradfield E. A. Biggers Artificial intelligence (AI) acolytes insist AI will pave the way for idealistic workplace hiring. Their idea is that AI can circumvent common human frailties, such as prejudices and narrow-mindedness, to achieve social and economic equality. Yet inherent biases permeating into AI algorithms stifle society’s goal of promoting equality in the workplace. Despite a growing awareness of AI’s potential for prejudice, politicians are slow to support substantial legislation regulating AI. Nevertheless, the judiciary will inevitably be tasked with addressing discrimination by AI technologies through an unprecedented construction of Title VII of the Civil Rights Act of 1964....
Applied Natural Language Processing for Law Practice
Brian S. Haney Scholars, lawyers, and commentators are predicting the end of the legal profession, citing specific examples of artificial intelligence (AI) systems out-performing lawyers in certain legal tasks. Yet, technology’s role in the practice of law is nothing new. The Internet, email, and databases like Westlaw and Lexis have been altering legal practice for decades. Despite technology’s evolution across other industries, in many ways the practice of law remains static in its essential functions. The dynamics of legal technology are defined by the organization and quality of data, rather than innovation. This Article explores the state of the art...