Algorithms and Justice: The Shadow of Artificial Intelligence Discrimination

Algorithms and Justice: The Shadow of Artificial Intelligence Discrimination

Artificial Intelligence: A New Tool for Discrimination?

As artificial intelligence (AI) systems rapidly integrate into our daily lives, concerns over their potential to reinforce inequalities are growing. Allegations that major corporations use AI systems in discriminatory ways underscore the urgency of addressing this issue.

Prof. Dr. Mehmet Rıfat Tınç, a faculty member at Yeditepe University Law School, has analyzed AI's role in perpetuating discrimination and evaluated the measures taken in Turkey and globally to mitigate its effects.

Discrimination Through Algorithms

Prof. Dr. Tınç points out that AI algorithms can discriminate based on characteristics like gender, age, and ethnicity. “When a technological tool engages in discrimination, it may legally transform into an instrument of crime. Understanding how and why AI discriminates is critically important,” he said.

AI systems, lacking human judgment or legal understanding, are prone to making discriminatory decisions. According to Tınç:
“Even if a software system fully embraces legal principles, debates over discrimination claims will inevitably arise. This is because neither software nor robots can halt societal or legal progress.”

The Role of Legal Experts

In addressing AI-related discrimination, Tınç emphasizes that legal professionals must tackle emerging challenges with innovative solutions. He categorizes AI discrimination into two types:

• Arithmetic Discrimination: Treating similar individuals differently. For example, two employees performing equally well but receiving unequal pay.
• Geometric Discrimination: Treating different individuals identically. For instance, giving the same exam duration to both disabled and non-disabled candidates.

Ethical Boundaries of AI

“Algorithms lack morality,” Tınç states.
“They cannot independently develop or operate beyond imposed ethical rules. Therefore, AI systems require external intervention, revision, and updating. Unsupervised, self-learning AI could yield undesirable outcomes, potentially regressing instead of advancing our societal standards.”

He highlights that countries like Japan and those in the European Union are adopting new legislation to address AI-related errors and offenses.

Assigning Responsibility

AI systems are not legal entities, complicating accountability. Tınç underscores that companies and individuals developing or utilizing AI may be held liable for any harm caused by these technologies.

To prevent AI discrimination, he suggests the following measures:

• Algorithmic Audits: Regular inspections to eliminate biases and enforce corrective updates.
• Institutional Oversight: Periodic evaluations of organizations employing AI.
• Human Supervision: Keeping AI under human control, potentially through specialized bodies such as an “AI Judiciary.”

European Union’s Approach

The European Union's comprehensive AI regulations, set to be fully implemented by August 2, 2026, reflect the global focus on mitigating AI-related risks.

Prof. Dr. Tınç concludes:
“While AI offers remarkable opportunities, its risks, particularly concerning discrimination, are significant. Ethical and equitable development and application are paramount for AI to serve humanity effectively.”

Source: www.dreamswisdom.com