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OII >   News & Events >   News >  
PRESS RELEASE -



CURRENT DISCRIMINATION LAWS FAILING TO PROTECT PEOPLE FROM AI-GENERATED UNFAIR
OUTCOMES


OII >   News & Events >   News >  
PRESS RELEASE -



CURRENT DISCRIMINATION LAWS FAILING TO PROTECT PEOPLE FROM AI-GENERATED UNFAIR
OUTCOMES

Published on
26 May 2022
Written by
Sandra Wachter
New paper from Oxford academic calls for changes in current laws to protect the
public from AI-generated unfair outcomes.

AI creates unintuitive and unconventional groups to make life-changing
decisions, yet current laws do not protect members of online algorithmic groups
from AI-generated unfair outcomes, says a new paper from a leading Oxford
academic.

A paper from Professor Sandra Wachter at the Oxford Internet Institute published
today, reveals that the public is increasingly the unwitting subject of new,
worrying forms of discrimination, due to the growing use of Artificial
Intelligence (AI).

For example, using a certain type of web browser such as Internet Explorer or
Safari can result in a job applicant being less successful when applying online.
Candidates in online interviews may be assessed by facial recognition software
that tracks facial expressions, eye movement, respiration or sweat.

The paper argues there is an urgent need to amend current laws to protect the
public from this emergent discrimination through the increased use of Artificial
Intelligence. In ‘The Theory of Artificial Immutability: Protecting Algorithmic
Groups under Anti-Discrimination Law’ author, Professor Sandra Wachter,
highlights that AI is creating new digital groups in society – algorithmic
groups – whose members are at risk of being discriminated. These individuals
should be protected by reinterpreting existing non-discrimination law, she
argues, and outlines how this could be achieved.

AI-related discrimination can occur in very ordinary, everyday activities with
individuals having little awareness. In addition to job applications, other
scenarios include applying for a financial loan where an applicant is more
likely to be rejected if they use only lower-case letters when completing their
digital application – or if they scroll too quickly through the application
pages.

The paper highlights that these new forms of discrimination often do not fit
into the traditional norms of what is currently considered discrimination and
prejudice. AI challenges our assumptions about legal discrimination. AI
identifies and categorises individuals based on criteria that are not currently
protected under the law. Familiar categories such as race, gender, sexual
orientation and ability are replaced by groups like dog owners, video gamers,
Safari users or “fast scrollers” when AI makes hiring, loan, or insurance
decisions.

Professor Sandra Wachter explains why this is important, “Increasingly decisions
being made by AI programmes can prevent equal and fair access to basic goods and
services such as education, healthcare, housing, or employment. AI systems are
now widely used to profile people and make key decisions that impact their
lives. Traditional norms and ideas of defining discrimination in law are no
longer fit for purpose in the case of AI and I am calling for changes to bring
AI within the scope of the law.”

Professor Wachter’s new theory is based on the concept of ‘artificial
immutability’. She has identified five features of ‘artificial immutability’ –
opacity, vagueness, instability, involuntariness and invisibility –  that
contribute towards discrimination. Reconceptualising the law’s envisioned harms
is required to assess whether new algorithmic groups offer a normatively and
ethically acceptable basis for important decisions. To do so, greater emphasis
needs to be placed on whether people have control over decision criteria and
whether they are able to achieve important goals and steer their path in life.

Read the full paper, ‘The Theory of Artificial Immutability: Protecting
Algorithmic Groups under Anti-Discrimination Law’ by Professor Sandra Wachter.

For more information call +44 (0)1865 287 210 or contact press@oii.ox.ac.uk.

ENDS

Notes for Editors

About the OII

The Oxford Internet Institute (OII) is a multidisciplinary research and teaching
department of the University of Oxford, dedicated to the social science of the
Internet. Drawing from many different disciplines, the OII works to understand
how individual and collective behaviour online shapes our social, economic and
political world. Since its founding in 2001, research from the OII has had a
significant impact on policy debate, formulation and implementation around the
globe, as well as a secondary impact on people’s wellbeing, safety and
understanding. Drawing on many different disciplines, the OII takes a combined
approach to tackling society’s big questions, with the aim of positively shaping
the development of the digital world.


AUTHOR

PROFESSOR SANDRA WACHTER

Professor of Technology and Regulation

Professor Sandra Wachter is Professor of Technology and Regulation focusing on
law and ethics of AI, Big Data, and robotics as well as Internet regulation at
the Oxford Internet Institute at the University of Oxford

View profile


RELATED PROJECT

PROGRAMME ON THE GOVERNANCE OF EMERGING TECHNOLOGIES

This OII research programme investigates legal, ethical, and social aspects of
AI, machine learning, and other emerging information technologies.

Read more
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Artificial Intelligence Governance of Technology

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