Associate Teaching Professor Laurie Hobart G’16 has published the article “AI, Bias, and National Security Profiling” in the Berkeley Technology Law Journal. The article appears in Volume 40, Issue 1.
From the abstract: “This Article outlines the ways that AI may reproduce human bias in national security investigations at scale. It argues that current case law is insufficient to protect civil rights and civil liberties against discriminatory uses of AI. It discusses potential barriers to constitutional challenges under Fourth Amendment, Equal Protection, First Amendment, and Due Process precedents; limitations on Bivens claims; and issues arising from classification, state secrets doctrine, and general judicial deference in national security contexts. While explaining how current case law risks civil rights and civil liberties in the face of AI profiling, the Article also offers litigation strategies for civil rights advocates to proceed under the status quo.