Bloomberg Law: Avoiding Human Bias in Artificial Intelligence

November 20, 2020

O’Melveny partner Heather Meeker and associate Amit Itai co-authored this Bloomberg Law article, which discusses how implicit bias might insert itself into AI systems, the associated legal risks, and ways to enhance compliance measures as regulators become more active.

“Being aware of the risk of bias and working to mitigate it should be a top priority for anyone designing automated systems. As companies work to develop AI systems that we can trust, it is critical to ensure that AI algorithms and systems can be easily audited,” Meeker and Itai write. “If the AI is a ‘black box’ that cannot be re‑engineered, the only solution may be to throw it away and start over, discarding useful insights along with the biases, or avoiding the technology altogether.”

“But improving technological design is not enough. Many companies today are adopting corporate AI compliance policies with a view to bias prevention and the proper use of AI. Companies should also consider preparing an AI incident plan to address and mitigate any biases as soon as they are uncovered by internal or external stakeholders.”

The authors emphasize that AI is now a legal issue that companies must address, and one that will only become more prevalent.

Read the full article here.