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)

In this paper, we examine the qualitative moral impact of machine learning-based clinical decision support systems in the process of medical diagnosis. To date, discussions about machine learning in this context have focused on problems that can be measured and assessed quantitatively, such as by estimating the extent of potential harm or calculating incurred risks. We maintain that such discussions neglect the qualitative moral impact of these technologies. Drawing on the philosophical approaches of technomoral change and technological mediation theory, which (...) explore the interplay between technologies and morality, we present an analysis of concerns related to the adoption of machine learning-aided medical diagnosis. We analyze anticipated moral issues that machine learning systems pose for different stakeholders, such as bias and opacity in the way that models are trained to produce diagnoses, changes to how health care providers, patients, and developers understand their roles and professions, and challenges to existing forms of medical legislation. Albeit preliminary in nature, the insights offered by the technomoral change and the technological mediation approaches expand and enrich the current discussion about machine learning in diagnostic practices, bringing distinct and currently underexplored areas of concern to the forefront. These insights can contribute to a more encompassing and better informed decision-making process when adapting machine learning techniques to medical diagnosis, while acknowledging the interests of multiple stakeholders and the active role that technologies play in generating, perpetuating, and modifying ethical concerns in health care. (shrink)

The potential use, relevance, and application of AI and other technologies in the democratic process may be obvious to some. However, technological innovation and, even, its consideration may face an intuitive push-back in the form of algorithm aversion (Dietvorst et al. J Exp Psychol 144(1):114–126, 2015). In this paper, I confront this intuition and suggest that a more ‘extreme’ form of technological change in the democratic process does not necessarily result in a worse outcome in terms of the fundamental concepts (...) of democracy and the Rule of Law. To provoke further consideration and illustrate that initial intuitions regarding democratic innovation may not always be accurate, I pose and explore four ways that AI and other forms of technology could be used to augment the representative democratic process. The augmentations range from voting online to the wholesale replacement of the legislature’s human representatives with algorithms. After first noting the intuition that less invasive forms of augmented democracy may be less objectionable than more extreme forms, I go on to critically assess whether the augmentation of existing systems satisfies or enhances ideas associated with democracy and the Rule of Law (provided by Dahl and Fuller). By imagining a (not too far-fetched) future in a (not too far-removed) democratic society, my conclusion is that, when it comes to democracy and the Rule of Law, intuitions regarding technology may lead us astray. (shrink)

Previous research in Explainable Artificial Intelligence (XAI) suggests that a main aim of explainability approaches is to satisfy specific interests, goals, expectations, needs, and demands regarding artificial systems (we call these “stakeholders' desiderata”) in a variety of contexts. However, the literature on XAI is vast, spreads out across multiple largely disconnected disciplines, and it often remains unclear how explainability approaches are supposed to achieve the goal of satisfying stakeholders' desiderata. This paper discusses the main classes of stakeholders calling for explainability (...) of artificial systems and reviews their desiderata. We provide a model that explicitly spells out the main concepts and relations necessary to consider and investigate when evaluating, adjusting, choosing, and developing explainability approaches that aim to satisfy stakeholders' desiderata. This model can serve researchers from the variety of different disciplines involved in XAI as a common ground. It emphasizes where there is interdisciplinary potential in the evaluation and the development of explainability approaches. (shrink)

This paper investigates how unsupervised machine learning methods might make hermeneutic interpretive text analysis more objective in the social sciences. Through a close examination of the uses of topic modeling—a popular unsupervised approach in the social sciences—it argues that the primary way in which unsupervised learning supports interpretation is by allowing interpreters to discover unanticipated information in larger and more diverse corpora and by improving the transparency of the interpretive process. This view highlights that unsupervised modeling does not eliminate the (...) researchers’ judgments from the process of producing evidence for social scientific theories. The paper shows this by distinguishing between two prevalent attitudes toward topic modeling, i.e., topic realism and topic instrumentalism. Under neither can modeling provide social scientific evidence without the researchers’ interpretive engagement with the original text materials. Thus the unsupervised text analysis cannot improve the objectivity of interpretation by alleviating the problem of underdetermination in interpretive debate. The paper argues that the sense in which unsupervised methods can improve objectivity is by providing researchers with the resources to justify to others that their interpretations are correct. This kind of objectivity seeks to reduce suspicions in collective debate that interpretations are the products of arbitrary processes influenced by the researchers’ idiosyncratic decisions or starting points. The paper discusses this view in relation to alternative approaches to formalizing interpretation and identifies several limitations on what unsupervised learning can be expected to achieve in terms of supporting interpretive work. (shrink)

Studies investigating the relationship between artificial intelligence and science tend to adopt a partial view. There is no broad and holistic view that synthesizes the channels through which this interaction occurs. Our goal is to systematically map the influence of the latest AI techniques on science. We draw on the work of Nathan Rosenberg to develop a taxonomy of the effects of technology on science. The proposed framework comprises four categories of technology effects on science: intellectual, economic, experimental and instrumental. (...) The application of the framework in the relationship between ML/DL and science allowed the identification of multiple triggers activated by the new techniques in the scientific field. Visualizing these different channels of influence allows us to identify two pressing, emerging issues. The first is the concentration of experimental effects in a few companies, which indicates a reinforcement effect between more data on the phenomenon and more capacity to commercialize the technique. The second is the diffusion of new techniques lacking in explanation throughout the fabric of science. The value of this article is twofold. First, it provides a simple framework to assess the relations between technology and science. Second, it provides this broad and holistic view of the influence of new AI techniques on science. More specifically, the article details the channels through which this relationship occurs, the nature of these channels and the loci in which the potential effects on science unfolds. (shrink)

This article examines the role of medical doctors, AI designers, and other stakeholders in making applied AI and machine learning ethically acceptable on the general premises of shared decision-making in medicine. Recent policy documents such as the EU strategy on trustworthy AI and the research literature have often suggested that AI could be made ethically acceptable by increased collaboration between developers and other stakeholders. The article articulates and examines four central alternative models of how AI can be designed and applied (...) in patient care, which we call the ordinary evidence model, the ethical design model, the collaborative model, and the public deliberation model. We argue that the collaborative model is the most promising for covering most AI technology, while the public deliberation model is called for when the technology is recognized as fundamentally transforming the conditions for ethical shared decision-making. (shrink)

We argue that explainable artificial intelligence (XAI), specifically reason-giving XAI, often constitutes the most suitable way of ensuring that someone can properly be held responsible for decisions that are based on the outputs of artificial intelligent (AI) systems. We first show that, to close moral responsibility gaps (Matthias 2004), often a human in the loop is needed who is directly responsible for particular AI-supported decisions. Second, we appeal to the epistemic condition on moral responsibility to argue that, in order to (...) be responsible for her decision, the human in the loop has to have an explanation available of the system’s recommendation. Reason explanations are especially well-suited to this end and we examine whether – and how – it might be possible to make such explanations fit with AI systems. We support our claims by focusing on a case of disagreement between human in the loop and AI system. (shrink)

The increasing use of Artificial Intelligence for making decisions in public affairs has sparked a lively debate on the benefits and potential harms of self-learning technologies, ranging from the hopes of fully informed and objectively taken decisions to fear for the destruction of mankind. To prevent the negative outcomes and to achieve accountable systems, many have argued that we need to open up the “black box” of AI decision-making and make it more transparent. Whereas this debate has primarily focused on (...) how transparency can secure high-quality, fair, and reliable decisions, far less attention has been devoted to the role of transparency when it comes to how the general public come to perceive AI decision-making as legitimate and worthy of acceptance. Since relying on coercion is not only normatively problematic but also costly and highly inefficient, perceived legitimacy is fundamental to the democratic system. This paper discusses how transparency in and about AI decision-making can affect the public’s perception of the legitimacy of decisions and decision-makers and produce a framework for analyzing these questions. We argue that a limited form of transparency that focuses on providing justifications for decisions has the potential to provide sufficient ground for perceived legitimacy without producing the harms full transparency would bring. (shrink)

Artificial intelligence receives attention in media as well as in academe and business. In media coverage and reporting, AI is predominantly described in contrasted terms, either as the ultimate solution to all human problems or the ultimate threat to all human existence. In academe, the focus of computer scientists is on developing systems that function, whereas philosophy scholars theorize about the implications of this functionality for human life. In the interface between technology and philosophy there is, however, one imperative aspect (...) of AI yet to be articulated: how do intelligent systems make inferences? We use the overarching concept “Artificial Intelligent Behaviour” which would include both cognition/processing and judgment/behaviour. We argue that due to the complexity and opacity of artificial inference, one needs to initiate systematic empirical studies of artificial intelligent behavior similar to what has previously been done to study human cognition, judgment and decision making. This will provide valid knowledge, outside of what current computer science methods can offer, about the judgments and decisions made by intelligent systems. Moreover, outside academe—in the public as well as the private sector—expertise in epistemology, critical thinking and reasoning are crucial to ensure human oversight of the artificial intelligent judgments and decisions that are made, because only competent human insight into AI-inference processes will ensure accountability. Such insights require systematic studies of AI-behaviour founded on the natural sciences and philosophy, as well as the employment of methodologies from the cognitive and behavioral sciences. (shrink)

Automated algorithms are silently making crucial decisions about our lives, but most of the time we have little understanding of how they work. To counter this hidden influence, there have been increasing calls for algorithmic transparency. Much ink has been spilled over the informational account of algorithmic transparency—about how much information should be revealed about the inner workings of an algorithm. But few studies question the power structure beneath the informational disclosure of the algorithm. As a result, the information disclosure (...) itself can be a means of manipulation used by a group of people to advance their own interests. Instead of concentrating on information disclosure, this paper examines algorithmic transparency from the perspective of power, explaining how algorithmic transparency under a disciplinary power structure can be a technique of normalizing people’s behavior. The informational disclosure of an algorithm can not only set up some de facto norms, but also build a scientific narrative of its algorithm to justify those norms. In doing so, people would be internally motivated to follow those norms with less critical analysis. This article suggests that we should not simply open the black box of an algorithm without challenging the existing power relations. (shrink)

Firms increasingly deploy algorithmic pricing approaches to determine what to charge for their goods and services. Algorithmic pricing can discriminate prices both dynamically over time and personally depending on individual consumer information. Although legal, the ethicality of such approaches needs to be examined as often they trigger moral concerns and sometimes outrage. In this research paper, we provide an overview and discussion of the ethical challenges germane to algorithmic pricing. As a basis for our discussion, we perform a systematic interpretative (...) review of 315 related articles on dynamic and personalized pricing as well as pricing algorithms in general. We then use this review to define the term algorithmic pricing and map its key elements at the micro-, meso-, and macro levels from a business and marketing ethics perspective. Thus, we can identify morally ambivalent topics that call for deeper exploration by future research. (shrink)

As more decisions are made by automated algorithmic systems, the transparency of these systems has come under scrutiny. While such transparency is typically seen as beneficial, there is a also a critical, Foucauldian account of it. From this perspective, worries have recently been articulated that algorithmic transparency can be used for manipulation, as part of a disciplinary power structure. Klenk (Philosophy & Technology 36, 79, 2023) recently argued that such manipulation should not be understood as exploitation of vulnerable victims, but (...) rather as indifference to whether the information provided enhances decision-making by revealing reasons. This short commentary on Klenk uses Berlin’s (1958) two concepts of liberty to further illuminate the concept of transparency as manipulation, finding alignment between positive liberty and the critical account. (shrink)

In this article, I will argue in favor of both the ethical and epistemological utility of explanations in artificial intelligence -based medical technology. I will build on the notion of “explicability” due to Floridi, which considers both the intelligibility and accountability of AI systems to be important for truly delivering AI-powered services that strengthen autonomy, beneficence, and fairness. I maintain that explicable algorithms do, in fact, strengthen these ethical principles in medicine, e.g., in terms of direct patient–physician contact, as well (...) as on a longer-term epistemological level by facilitating scientific progress that is informed through practice. With this article, I will therefore attempt to counter arguments against demands for explicable AI in medicine that are based on a notion of “whatever heals is right.” I will elucidate my elaboration on the positive aspects of explicable AI in medicine as well as by pointing out risks of non-explicable AI. (shrink)

This paper presents a novel philosophical analysis of the problem of law enforcement’s use of biased face recognition technology in liberal democracies. FRT programs used by law enforcement in identifying crime suspects are substantially more error-prone on facial images depicting darker skin tones and females as compared to facial images depicting Caucasian males. This bias can lead to citizens being wrongfully investigated by police along racial and gender lines. The author develops and defends “A Liberal Argument Against Biased FRT,” which (...) concludes that law enforcement use of biased FRT is inconsistent with the classical liberal requirement that government treat all citizens equally before the law. Two objections to this argument are considered and shown to be unsound. The author concludes by suggesting that equality before the law should be preserved while the problem of machine bias ought to be resolved before FRT and other types of artificial intelligence are deployed by governments in liberal democracies. (shrink)

In this article, we develop the concept of Transparency by Design that serves as practical guidance in helping promote the beneficial functions of transparency while mitigating its challenges in automated-decision making environments. With the rise of artificial intelligence and the ability of AI systems to make automated and self-learned decisions, a call for transparency of how such systems reach decisions has echoed within academic and policy circles. The term transparency, however, relates to multiple concepts, fulfills many functions, and holds different (...) promises that struggle to be realized in concrete applications. Indeed, the complexity of transparency for ADM shows tension between transparency as a normative ideal and its translation to practical application. To address this tension, we first conduct a review of transparency, analyzing its challenges and limitations concerning automated decision-making practices. We then look at the lessons learned from the development of Privacy by Design, as a basis for developing the Transparency by Design principles. Finally, we propose a set of nine principles to cover relevant contextual, technical, informational, and stakeholder-sensitive considerations. Transparency by Design is a model that helps organizations design transparent AI systems, by integrating these principles in a step-by-step manner and as an ex-ante value, not as an afterthought. (shrink)

Algorithms are now routinely used in decision-making; they are potent components in decisions that affect the lives of individuals and the activities of public and private institutions. Although use of algorithms has many benefits, a number of problems have been identified with their use in certain domains, most notably in domains where safety and fairness are important. Awareness of these problems has generated public discourse calling for algorithmic accountability. However, the current discourse focuses largely on algorithms and their opacity. I (...) argue that this reflects a narrow and inadequate understanding of accountability. I sketch an account of accountability that takes accountability to be a social practice constituted by actors, forums, shared beliefs and norms, performativity, and sanctions, and aimed at putting constraints on the exercise of power. On this account, algorithmic accountability is not yet constituted; it is in the making. The account brings to light a set of questions that must be addressed to establish it. (shrink)

This article presents a conceptual investigation into the value impacts and relations of algorithms in the domain of justice and security. As a conceptual investigation, it represents one step in a value sensitive design based methodology. Here, we explicate and analyse the expression of values of accuracy, privacy, fairness and equality, property and ownership, and accountability and transparency in this context. We find that values are sensitive to disvalue if algorithms are designed, implemented or deployed inappropriately or without sufficient consideration (...) for their value impacts, potentially resulting in problems including discrimination and constrained autonomy. Furthermore, we outline a framework of conceptual relations of values indicated by our analysis, and potential value tensions in their implementation and deployment with a view towards supporting future research, and supporting the value sensitive design of algorithms in justice and security. (shrink)

This paper offers the first philosophical analysis of a form of artificial intelligence (AI) which the author calls facial profiling technology (FPT). FPT is a type of facial analysis technology designed to predict criminal behavior based solely on facial structure. Marketed for use by law enforcement, face classifiers generated by the program can supposedly identify murderers, thieves, pedophiles, and terrorists prior to the commission of crimes. At the time of this writing, an FPT company has a contract with the United (...) States federal government. After recounting how FPT resurrects the same moral problems associated with the pseudoscience of physiognomy, the author of this manuscript develops and defends the ‘Liberal Argument Against Facial Discrimination’ (LAAFD), which concludes that government use of FPT poses a significant risk of violating the classical liberal value of equality before the law by committing unjust discrimination against groups of people whose faces happen to match FPT classifiers. A key move in the argument suggests how a future scenario that results in widespread discrimination based solely on facial structure could be as unjustified and harmful, mutatis mutandis, as similar discrimination based solely on racial background. In the final section, the author of this paper develops prima facie policy proposals designed to protect classical liberal values if FPT is to be utilized by governments in liberal democratic societies. (shrink)

Artificial intelligence is shaping strategy, activities, interactions, and relationships in business and specifically in marketing. The drawback of the substantial opportunities AI systems and applications provide in marketing are ethical controversies. Building on the literature on AI ethics, the authors systematically scrutinize the ethical challenges of deploying AI in marketing from a multi-stakeholder perspective. By revealing interdependencies and tensions between ethical principles, the authors shed light on the applicability of a purely principled, deontological approach to AI ethics in marketing. To (...) reconcile some of these tensions and account for the AI-for-social-good perspective, the authors make suggestions of how AI in marketing can be leveraged to promote societal and environmental well-being. (shrink)

The paper explores some normative challenges concerning the integration of Machine Learning (ML) algorithms into anticorruption in public institutions. The challenges emerge from the tensions between an approach treating ML algorithms as allies to an exclusively legalistic conception of anticorruption and an approach seeing them within an institutional ethics of office accountability. We explore two main challenges. One concerns the variable opacity of some ML algorithms, which may affect public officeholders’ capacity to account for institutional processes relying upon ML techniques. (...) The other pinpoints the risk that automating certain institutional processes may weaken officeholders’ direct engagement to take forward-looking responsibility for the working of their institution. We discuss why both challenges matter to see how ML algorithms may enhance (and not hinder) institutional answerability practices. (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)

The article examines the problem of ensuring the political stability of a democratic social system with a shortage of a vital commodity (like vaccine against COVID-19). In such a system, members of society citizens assess the authorities. Thus, actions by the authorities to increase the supply of this commodity can contribute to citizens' approval and hence political stability. However, this supply is influenced by random factors, the actions of competitors, etc. Therefore, citizens do not have sufficient information about all the (...) possibilities of supplying, and it is difficult for them to make the right decisions. Such citizen unawareness can be exploited by unscrupulous politicians to achieve personal targets. Therefore, it is necessary to organize public control to motivate politicians to use all available opportunities in supplying. The goal of the paper is to build such a digital mechanism of public control of the politicians by citizens, which would best assess and stimulate the activities of the authorities to improve the supply of a vital commodity. In the age of artificial intelligence, such digital public control in the face of uncertainty can be based on digital machine learning. In addition, it is necessary to take into account and model the activities of politicians associated with the presence of their own targets that do not coincide with public ones. Such politicians can use the learning of citizens for their own targets. The objective of the article is to build an optimal digital mechanism of public control in a two-level model of a democratic social system—a digital society. At its top level, there is the Citizen, who gives an assessment for the Politico located at the lower level. In turn, the Politico can influence the supplying of a vital commodity. Political stability is guaranteed if the Citizen regularly approves of the Politico’s actions to increase this supply. However, the Politico may not use the opportunities available to him to offer a commodity to achieve a personal target. To avoid this, the Politico’s control mechanism is proposed. It includes the procedure for digital learning of the Citizen, as well as a procedure for assessing the Politico activity. Sufficient conditions have been found for the synthesis of such the Politico’s control mechanism, at which stochastic possibilities of increasing the supply of a vital commodity are used. The example of such the Politico’s control mechanism is considered on the case of supply of the COVID-19 vaccine in England. (shrink)

Big Data are increasingly used in machine learning in order to create predictive models. How are predictive practices that use such models to be situated? In the field of surveillance studies many of its practitioners assert that “governance by discipline” has given way to “governance by risk”. The individual is dissolved into his/her constituent data and no longer addressed. I argue that, on the contrary, in most of the contexts where predictive modelling is used, it constitutes Foucauldian discipline. Compliance to (...) a norm occupies centre stage; suspected deviants are subjected to close attention—as the precursor of possible sanctions. The predictive modelling involved uses personal data from both the focal institution and elsewhere. As a result, the individual re-emerges as the focus of scrutiny. Subsequently, small excursions into Foucauldian texts discuss his discourses on the creation of the “delinquent”, and on the governmental approach to smallpox epidemics. It is shown that his insights only mildly resemble prediction as based on machine learning; several conceptual steps had to be taken for modern machine learning to evolve. Finally, the options available to those subjected to predictive disciplining are discussed: to what extent can they comply, question, or resist? Through a discussion of the concepts of transparency and “gaming the system” I conclude that our predicament is gloomy, in a Kafkaesque fashion. (shrink)