A Systems and Control Theory Approach for Law and Artificial Intelligence: Demystifying the “Black-Box”

Abstract

In this paper, I propose a conceptual framework for law and artificial intelligence (AI) that is based on ideas derived from systems and control theory. The approach considers the relationship between the input to an AI-controlled system and the system’s output, which may affect events in the real-world. The approach aims to add to the current discussion among legal scholars and legislators on how to regulate AI, which focuses primarily on how the output, or external behavior of a system, leads to actions that may implicate the law. The goal of this paper is to show that not only is the systems output an important consideration for law and AI but so too is the relationship between the systems input to its desired output, as mediated through a feedback loop (and other control variables). In this paper, I argue that ideas derived from systems and control theory can be used to provide a conceptual framework to help understand how the law applies to AI, and particularly, to algorithmically based systems.