A Rule of Persons, Not Machines

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Frank Pasquale Digisprudence

Notes

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Due process depends on narratively intelligible communication

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Language is constitutive

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this approach merely shifts personal responsibility from attorneys, regulators, and judges to those coding their would-be replacements

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The language of law is both richer and more treacherous than these simple programs present

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Automating Tax Preparation

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high-technology firms can have a vested interest in keeping things complicated

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tax-return-preparation software eliminated that “complexity constraint,”

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computationally complex provisions of the tax code “generally constitute bad tax policy.”

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cannot assume that computational solutions to one problem will not affect the scope and nature of that problem

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Providing Forms

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questionnaire process itself can be partial or problematic

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Contesting Parking Tickets (DoNotPay)

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app suggests that a medical emergency can exempt a car owner from a parking ticket

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technology-enabled turn toward complexity and micro-enforcement. The more apps like DoNotPay become widely known, the more bad actors are likely to misuse them and lie about the actual circumstances of their ticketing. That will, in turn, motivate even more pervasive surveillance

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DoNotPay has shifted the risk of error to its ostensible clients.

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prevalence of A/B testing in technology firms also militates against the development of ethical-substitutive technology

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Breaux et al. concede that “[w]ithout further validation, it is premature to automate that which is currently performed manually.”

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question of consequences for failure to meet the terms of the contract is a difficult one

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The normal car-title recordation system can be tiresomely meticulous and redundant, but it also offers resilience

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The Inescapability of Governance

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only way the supposedly smart, incorruptible, automated, and immutable contract actually protected investors was by allowing human intervention to change its terms and consequences

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Intelligence Augmentation as Regulative Ideal

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invest in its personnel as skilled operators of increasingly sophisticated machines

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almost impossible for any truly knowledgeable professional to boil down the sum total of their knowledge

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Google’s translation program is not parsing the meaning of the words it translates. Rather, it is indexing past human translations

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The rule of law entails a system of social relationships and legitimate governance, not simply the transfer and evaluation of information about behavior

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