The integration of artificial intelligence (AI) in technology, law enforcement, and court systems poses significant challenges for accountability and the application of human rights to autonomous intelligences. One of the main concerns is how the Constitution interacts with these nonhuman entities. Courts are faced with the task of determining how human rights, duties, and laws should apply to machines in the context of the Constitution.
AI tools have been designed to conduct extensive searches and produce results that may be difficult or impossible to explain, despite their accuracy. For example, facial recognition AI can be used to identify a defendant without any human oversight or scrutiny. This has led to wrongful arrests, rescinded warrants, and increased racial disparities in arrests. The challenge is that these AIs cannot be questioned on the stand to explain their decision-making process, and the law enforcement officers who utilize them cannot fully articulate how these decisions are made.
One example of this issue is Clearview AI, which has been used nearly one million times for facial recognition purposes by U.S. police. This raises questions about accountability and whether these AIs are subject to human rights protections under the Constitution. Additionally, there are concerns about privacy and surveillance as these AIs collect vast amounts of data on individuals without their knowledge or consent.
The use of AI in law enforcement also raises questions about bias and discrimination. These systems may perpetuate existing biases in society if they are not programmed properly or if they are trained on biased data sets.
In conclusion, while AI has many benefits, its integration into technology, law enforcement, and court systems presents significant challenges for accountability and human rights protections. It is important for policymakers and legal professionals to carefully consider these issues as they develop regulations and policies related to AI technologies.