Explainable AI under contract and tort law: legal incentives and technical challenges

By Philipp Hacker, Ralf Krestel, Stefan Grundmann, Felix Naumann. 2020

125 citations recorded by the source corpus.

This paper shows that the law, in subtle ways, may set hitherto unrecognized incentives for the adoption of explainable machine learning applications. In doing so, we make two novel contributions. First, on the legal side, we show that to avoid liability, professional actors, such as doctors and managers, may soon be legally compelled to use explainable ML models. We argue that the importance of explainability reaches far beyond data protection law, and crucially influences questions of contractual and tort liability for the use of ML models. To this effect, we conduct two legal case studies, in medical and corporate merger applications of ML. As a second contribution, we discuss the (legally required) trade-off between accuracy and explainability and demonstrate the effect in a technical case study in the context of spam classification.

Subfields: Artificial Intelligence, Health Informatics, Safety Research

How researchers see this paper

The researchers whose trusted networks rank it highest, strongest advocate first. Every researcher gets a different order.

In Artificial Intelligence

  1. Aram Galstyan
  2. Fred Morstatter
  3. Ninareh Mehrabi
  4. Greg Ver Steeg
  5. Umang Gupta
  6. Effy Vayena
  7. Fei Ye
  8. Adrian G. Bors

In Safety Research

  1. Aram Galstyan
  2. Fred Morstatter
  3. Ninareh Mehrabi
  4. Effy Vayena
  5. Greg Ver Steeg
  6. Umang Gupta

Citations in the corpus