The judgments of algorithmic systems are often difficult to understand. The system says you do not qualify for this loan – sorry! You no longer qualify for x benefit – sorry! Why? Well, that’s just what it says. And it’s impossibly opaque, for a variety of reasons – the underlying code and data are trade secrets, the decision is made by a neural network with millions of parameters, and so forth. But suppose you object to the decision, or want to know how to do better? This is the domain of, among other things, explainable AI (XAI). XAI is normatively complicated, and I don’t want to get into that debate here. Here I want to briefly look at a logically prior question: before we get to XAI, is there some sort of a right an explanation? Is there a moral or legal sense in which the recipients of adverse algorithmic decisions are entitled to some sort of explanation of the basis for that decision in terms that they would understand and either find legitimate or be able to argue against? The particular point I want to make is that we need to think about the abstract right to explanation with reference to the reality of the U.S. legal system.
In a recent paper, Brett Karlan and Henrik Kugelberg argue against the need for a right to an explanation of AI decisions. They take particular issue with an earlier paper by Kate Vredenburgh, which had argued for a right to an explanation on the grounds that it is necessary to fight back against algorithmic governance. For the same reasons that the judge or bureaucrat owes you the reason for an adverse decision, so does the judge or bureaucrat using AI. Using AI shouldn’t relieve them of the responsibility to inform people of the process that was used and how. She explains that “decision-makers are required to provide individuals with rule-based normative explanations and rule-based causal explanations … such explanations are necessary to enable individuals to engage in informed self-advocacy and are tolerably costly.” Normative explanations should say what the rules are and the normative reasons in favor of them; causal explanations are important for agency – they explain “what an agent would have to do to get a desired outcome, in terms of the relevant rules and robust population-level causal generalizations.”
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