The Right to Contest AI

Artificial intelligence (AI) is increasingly used to make important decisions, from university admissions selections to loan determinations to the distribution of COVID-19 vaccines. These uses of AI raise a host of concerns about discrimination, accuracy, fairness, and accountability. In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues instead—or really, in addition—for an individual right to contest AI decisions, modeled on due process but adapted for the digital age. The European Union, in fact, recognizes such a right, and a growing number of institutions around the world now call for its establishment. This Article argues that despite considerable differences between the United States and other countries, establishing the right to contest AI decisions here would be in keeping with a long tradition of due process theory. This Article then fills a gap in the literature, establishing a theoretical scaffolding for discussing what a right to contest should look like in practice. This Article establishes four contestation archetypes that should serve as the bases of discussions of contestation both for the right to contest AI and in other policy contexts. The contestation archetypes vary along two axes: from contestation rules to standards and from emphasizing procedure to establishing substantive rights. This Article then discusses four processes that illustrate these archetypes in practice, including the first in-depth consideration of the GDPR’s right to contestation for a U.S. audience. Finally, this Article integrates findings from these investigations to develop normative and practical guidance for establishing a right to contest AI

The Right to Contest AI

Artificial intelligence (AI) is increasingly used to make important decisions, from university admissions selections to loan determinations to the distribution of COVID-19 vaccines. These uses of AI raise a host of concerns about discrimination, accuracy, fairness, and accountability. In the United States, recent proposals for regulating AI focus largely on ex ante and systemic governance. This Article argues instead—or really, in addition—for an individual right to contest AI decisions, modeled on due process but adapted for the digital age. The European Union, in fact, recognizes such a right, and a growing number of institutions around the world now call for its establishment. This Article argues that despite considerable differences between the United States and other countries, establishing the right to contest AI decisions here would be in keeping with a long tradition of due process theory. This Article then fills a gap in the literature, establishing a theoretical scaffolding for discussing what a right to contest should look like in practice. This Article establishes four contestation archetypes that should serve as the bases of discussions of contestation both for the right to contest AI and in other policy contexts. The contestation archetypes vary along two axes: from contestation rules to standards and from emphasizing procedure to establishing substantive rights. This Article then discusses four processes that illustrate these archetypes in practice, including the first in-depth consideration of the GDPR’s right to contestation for a U.S. audience. Finally, this Article integrates findings from these investigations to develop normative and practical guidance for establishing a right to contest AI

Intentional Self Regulation and Positive Youth Development: Implications for Youth Development Programs

Character education programs are mission-aligned with the positive youth development (PYD) perspective, which, in research with American youth suggests that intentional self-regulation (ISR) develops through mutually beneficial interactions between youth and their environment. Cross-cultural studies of Western youth suggest an adolescence-specific ISR process may exist. We begin to extend this work to assess the relationship between ISR and positive development in young Scottish adolescents (approximately 7th grade, N = 82; 50% male), a previously unexamined group. ISR was correlated with the Five Cs of PYD and OLS regression analyses demonstrated that ISR predicted two of the Five Cs: Character and Connection. We discuss implications for youth development programs of the findings that ISR and some indices of PYD were linked in a sample of Scottish youth

Solving the Orphan Works Problem for the United States

Over the last decade, the problem of orphan works—i.e., copyrighted works whose owners cannot be located by a reasonably diligent search—has come sharply into focus as libraries, archives and other large repositories of copyrighted works have sought to digitize and make available their collections online. Combined with new technology that has changed the way that copyrighted works are created and the way that consumers expect to access and use copyrighted works, the orphan works problem has grown into a significant and, as former Register of Copyrights Marybeth Peters observed, a “pervasive” problem. Although this problem is certainly not limited to digital libraries, it has proven especially challenging for these organizations because they hold diverse collections that include millions of books, articles, letters, photographs, home movies, films and other types of works. Many items come with a complex, unknown and often unknowable history of copyright ownership. Because U.S. copyright law provides for both strong injunctive relief and monetary damages (in the form of statutory damages of up to $150,000 per work infringed), organizations that cannot obtain permission often do not make their collections available at all. Large projects, such as Google Book Search and the HathiTrust digital library, which aim in part to address orphan works on a larger scale, have been drawn into litigation

Pink verrucous plaque in a man with systemic mastocytosis

Porokeratosis ptychotropica is a rare and commonly misdiagnosed subtype of porokeratosis involving the body folds. We present a 53-year-old man with systemic mastocytosis who presented with a pruritic, verrucous plaque in the gluteal fold that showed multiple cornoid lamellae on histopathologic evaluation, diagnostic of porokeratosis ptychotropica. Various treatments have been reported, including topical corticosteroids, retinoids, vitamin D analogs, calcineurin inhibitors, imiquimod, phototherapy, cryotherapy, or ablative laser therapy, but recurrences are common

The pseudomonas aeruginosa secreted protein PA2934 decreases apical membrane expression of the cystic fibrosis transmembrane conductance regulator

We previously reported that Pseudomonas aeruginosa PA14 secretes a protein that can reduce the apical membrane expression of the cystic fibrosis transmembrane conductance regulator (CFTR) protein. Here we report that we have used a proteomic approach to identify this secreted protein as PA2394, and we have named the gene cif, for CFTR inhibitory factor. We demonstrate that Cif is a secreted protein and is found associated with outer membrane-derived vesicles. Expression of Cif in Escherichia coli and purification of the C-terminal six-His-tagged Cif protein showed that Cif is necessary and sufficient to mediate the reduction in apical membrane expression of CFTR and a concomitant reduction in CFTR-mediated Cl&minus; ion secretion. Cif demonstrates epoxide hydrolase activity in vitro and requires a highly conserved histidine residue identified in &alpha;/&beta; hydrolase family enzymes to catalyze this reaction. Mutating this histidine residue also abolishes the ability of Cif to reduce apical membrane CFTR expression. Finally, we demonstrate that the cif gene is expressed in the cystic fibrosis (CF) lung and that nonmucoid isolates of P. aeruginosa show greater expression of the gene than do mucoid isolates. We propose a model in which the Cif-mediated decrease in apical membrane expression of CFTR by environmental isolates of P. aeruginosa facilitates the colonization of the CF lung by this microbe. <br /