Businesses increasingly rely on algorithms that are data-trained sets of decision rules (i.e., the output of the processes often called “machine learning”) and implement decisions with little or no human intermediation. In this article, we provide a philosophical foundation for the claim that algorithmic decision-making gives rise to a “right to explanation.” It is often said that, in the digital era, informed consent is dead. This negative view originates from a rigid understanding that presumes informed consent is a static and (...) complete transaction. Such a view is insufficient, especially when data are used in a secondary, noncontextual, and unpredictable manner—which is the inescapable nature of advanced artificial intelligence systems. We submit that an alternative view of informed consent—as an assurance of trust for incomplete transactions—allows for an understanding of why the rationale of informed consent already entails a right to ex post explanation. (shrink)

Love, sex, and physical intimacy are some of the most desired goods in life and they are increasingly being sought on dating apps such as Tinder, Bumble, and Badoo. For those who want a leg up in the chase for other people’s attention, almost all of these apps now offer the option of paying a fee to boost one’s visibility for a certain amount of time, which may range from 30 min to a few hours. In this article, I argue (...) that there are strong moral grounds and, in countries with laws against unconscionable contracts, legal ones for thinking that the sale of such visibility boosts should be regulated, if not banned altogether. To do so, I raise two objections against their unfettered sale, namely that it exploits the impaired autonomy of certain users and that it creates socio-economic injustices. (shrink)

In this essay, I explore ethical considerations that might arise from the use of collaborative filtering algorithms on dating apps. Collaborative filtering algorithms can predict the preferences of a target user by looking at the past behavior of similar users. By recommending products through this process, they can influence the news we read, the movies we watch, and more. They are extremely powerful and effective on platforms like Amazon and Google. Recommender systems on dating apps are likely to group people (...) by race, since they exhibit similar patterns of behavior: users on dating platforms seem to segregate themselves based on race, exclude certain races from romantic and sexual consideration, and generally show a preference for white men and women. As collaborative filtering algorithms learn from these patterns to predict preferences and build recommendations, they can homogenize the behavior of dating app users and exacerbate biased sexual and romantic behavior. (shrink)

In Homo Deus, Yuval Noah Harari argues that technological advances of the twenty-first century will usher in a significant shift in how humans make important life decisions. Instead of turning to the Bible or the Quran, to the heart or to our therapists, parents, and mentors, people will turn to Big Data recommendation algorithms to make these choices for them. Much as we rely on Spotify to recommend music to us, we will soon rely on algorithms to decide our careers, (...) spouses, and commitments. Harari also predicts that next, the state will take away individuals’ rights to make their own choices about their lives. If Google knows where your children would flourish best in school, why should the state allow a fallible human parent to decide? Liberalism—which, as Harari uses this term, refers to a state of society in which human freedom to choose is respected and championed—will collapse. In this paper, I argue that Harari’s conception of the future implications of recommendation algorithms is deeply flawed, for two reasons. First, users will not rely on algorithms to make decisions for them because they have no reason to trust algorithms, which are developed by companies with their own incentives, such as profit. Second, for most of our life decisions, algorithms will not be able to be developed, because the factors relevant to the decisions we face are unique to our situation. I present an alternative depiction of the future: instead of relying on algorithms to make decisions for us, humans will use algorithms to enhance our decision-making by helping us consider the most relevant choices first and notice information we might not otherwise. Finally, I will also argue that even if computers could make many of our decisions for us, liberalism as a political system would emerge unscathed. (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)