Articles

James Sherer Authors Journal Article on Artificial Intelligence, Big Data Algorithms, Disparate Impact, and Considerations of Modular Programming

Articles / July 31, 2017

Partner James Sherer authored an article in the August 2017 issue of “The Computer & Internet Lawyer” titled “When Is a Chair Not a Chair? Big Data Algorithms, Disparate Impact, and Considerations of Modular Programming.” This article was also presented as a position paper for the ICAIL 2017 Workshop on “Using Advanced Data Analysis in eDiscovery & Related Disciplines to Identify and Protect Sensitive Information in Large Collections” (the DESI VII Workshop) in London that considered artificial intelligence (AI) and related approaches to modern client and attorney work.

The article addresses the development of data algorithms associated with human behavior, and highlights the impact of data quality and size on the effectiveness of algorithms as well as those algorithms’ structures, application and effects (intentional or otherwise). The article outlines how these data-driven algorithms are written, and presents an accessible entry point to concerns associated with the utilization of algorithm-driven approaches for practitioners and decision-makers alike.

The article also considers how algorithm practices and advances in AI intersect with the EU General Data Protection Regulation 2016/679 (GDPR) and the “right to be forgotten,” examining the issue of modular programming and a development framework that incorporates privacy by design. Finally, the article considers design principles and considerations of disparate impact, presenting strategic approaches and considerations for organizations adopting AI and even less sophisticated algorithm approaches generally.

Read full article.

In addition to presenting this article at the DESI VII conference, in Sherer presented on artificial intelligence and algorithms on a panel titled “How AI, Analytics, & Information Governance are Transforming the New Future” at LegalTech New York; a panel titled “Retention, Technology, Metrics & Analytics” at the ARMA Annual Spring Seminar in Washington, D.C.; and a panel titled “Forces Changing eDiscovery” at The Master’s Conference in New York. James is also serving as track chair and moderator for “Artificial Intelligence and the Law,” a program for the American Bar Association’s annual conference in conjunction with the New York State Bar Association, and as a moderator and panelist for a Sedona Conference Working Group 11 presentation on artificial intelligence and blockchain issues.

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