The principles of algorithmic justice in the digital market
Maciej Hulicki · Edward Elgar Publishing eBooks · 2023
Artificial intelligence (AI) is not only a theoretical concept but a set of various technologies that are transforming nearly every aspect of human life. In particular, advanced algorithms constitute the core of many digital products and services, and therefore they have a great impact on the digital market. This chapter focuses on the notion of 'algorithmic justice', which originated in the context of criminal justice, and aims to apply it to the domain of the digital market since numerous aspects of this concept are common for any use of AI systems. By analysing and comparing documents of several international organizations on ethical AI, the chapter proves that there is a de facto standard with respect to the regulation of AI systems in order for them to be deemed ethical, safe and fair. The aspects analysed include human oversight, protection of privacy, technical safety, transparency, fairness, social beneficence and accountability. Together they comprise pillars of algorithmic justice. Moreover, they are also becoming de iure standards. The chapter identifies the key problems which algorithms pose in the digital market and determines - from a market perspective - the main risks in case of non-compliance. In the chapter, new developments in the European Union's (EU) regulation of the digital market are analysed. Special emphasis is given to the proposal for the Artificial Intelligence Act. Based on the results of the conducted analysis, one can determine that most of the standards of algorithmic justice are already implemented into the current or prospective EU legislation. The overall model of the forthcoming regulation of algorithms in the EU is on the one hand very extensive and in practice may be onerous for businesses; however, on the other hand, for some elements of algorithmic justice, legal solutions have not yet been found. The system of algorithmic justice is associated with many legal and ethical issues; however, if it is correctly implemented, it may entail enhanced legal certainty and greater transparency/predictability of decision-making processes.