Skip to main content

ABA International Law Section

2020 Virtual Annual Meeting: May 26 – July 2, 2020

Hear from industry leaders on the latest in international legal and policy issues, across a wide range of subject areas. With more than 45 CLE programs, you can complete most, if not all, of your CLE requirements. Participate in self-empowerment programs, including developing a personal brand and rainmaking.

Panel: Tuesday, June 2 | 4:00PM‒ 5:30PM
Artificial Intelligence, Predictive Analytics, and Unlawful Discrimination

Artificial intelligence is increasingly being used to extract data about individuals from social media and other sources, allowing it to be cross-correlated with other data sets and statistical inferences drawn about specific individuals. These predictive analytics include behavioral predictions which are of interest to a wide variety of organizations in evaluating the background of individuals for different reasons.

Predictive analytics companies market their software and services in making automated and purportedly more cost-effective and even-handed recommendations relating to an individual’s health or financial condition, insurance coverage, employment or educational aptitudes, credit or other financial opportunities, access to government benefits, medical insurance reimbursement, or community policing and criminal justice decision-making, among other transactions. But such data analytics software/services are often provided without disclosing the choice of input data sets, choice of training data, and the algorithm design used in analytics. If such profiling and exclusionary or discriminatory practices affect marginalized communities, then they elude the application of anti-discrimination laws because the data analytics use is generally undisclosed. Proprietary models and algorithms also affect groups who fall outside of currently protected classes. A panel of compute scientists. academics, and attorneys will examine the concerning issues of this emerging use of AI.

Committee Sponsor: Privacy, Cybersecurity, & Digital Rights
Committee Co-Sponsors: International Human Rights; National Security
Program Chair: Daniel McGlynn, SolAero Tech, Albuquerque, NM
Program Chair/Speaker: Mikhail Reider-Gordon, Managing Director, Global Affairs, Affiliated Monitors, Inc., Los Angeles, CA

Robin Nunn, Partner, Dechert LLP, Washington, DC
Cathy O’Neil, Ph.D., author of “Weapons of Math Destruction: How Big Data Increases Inequality and Threatens Democracy” and data scientist, New York, NY
David C. Shonka, former Acting General Counsel, FTC; Partner, Redgrave LLP, Washington, DC
Hon. Katherine Forrest, Partner, Cravath Swain & Moore, New York, NY