The integration of artificial intelligence (AI) in technology, law enforcement, and court systems presents challenging questions about accountability and the application of human rights to autonomous intelligences. The use of AI tools can lead to concerns about how these nonhuman intelligences interact with the Constitution and the legal system.
One such concern is the capacity of AI tools to conduct extensive searches and produce results that may be difficult or impossible to explain, despite their accuracy. For example, facial recognition AI used by law enforcement agencies can result in wrongful arrests, rescinded warrants, and increased racial disparities in arrests. This raises questions about how these AIs should be held accountable for their actions and whether they should have the same human rights as individuals.
Another issue is that these AIs cannot be questioned on the stand to explain their decision-making process, which can make it difficult for courts to determine how human rights, duties, and laws should apply to machines in the context of the Constitution. This is exemplified by Clearview AI, which has been used nearly one million times for facial recognition purposes by U.S. police without any oversight or scrutiny from human authorities.
In conclusion, while AI tools have many benefits, they also present significant challenges when it comes to accountability and compliance with human rights laws. As technology continues to advance, it will be important for policymakers and legal professionals to carefully consider these issues and develop guidelines that ensure that autonomous intelligences are used responsibly and ethically within our legal frameworks.
