Electronic Frontier Foundation: Litigating Algorithms

Extract from AI Now Institute’s report “Litigating Algorithms: Challenging Government Use of Algorithmic Decision Systems”

AI Now recently teamed up with NYU Law’s Center on Race, Inequality, and the Law, and the Electronic Frontier Foundation with the support of the MacArthur Foundation to host a workshop at NYU Law. This workshop focused on conducting a deep examination of current United States courtroom litigation where algorithmic decision making has been central to the rights and liberties at issue in the case. Throughout the day participants reviewed cases including: K.W. v. Armstrong, where the ACLU of Idaho challenged the state’s use of a black box algorithm to make determinations for its Medicaid program; Houston Federation of Teachers v. Houston Independent School District, where a public school teachers union challenged the use of proprietary algorithms for school employment practices; and a case from a Washington, D.C. juvenile criminal court that rejected the use of a Violence Risk Assessment system because it lacked sufficient scientific merit under the Supreme Court’s Daubert standard for expert testimony in court.

Read the full report here