Fairness Meets Machine Learning: Searching For A Better Balance

18 Pages Posted: 12 Dec 2019

See all articles by Ekaterina Erofeeva (Semenova)

Ekaterina Erofeeva (Semenova)

National Research University Higher School of Economics (Moscow)

Ekaterina Perevoshchikova

National Research University Higher School of Economics (Moscow)

Alexey Ivanov

HSE — Skolkovo Institute for Law and Development

Mikhail Erofeev

National Research University Higher School of Economics (Moscow)

Date Written: December 12, 2019

Abstract

Machine learning (ML) affects nearly every aspect of our lives, including the weightiest ones such as criminal justice. As it becomes more widespread, however, it raises the question of how we can integrate fairness into ML algorithms to ensure that all citizens receive equal treatment and to avoid imperiling society’s democratic values.

In this paper we study various formal definitions of fairness that can be embedded into ML algorithms and show that the root cause of most debates about AI fairness is society’s lack of a consistent understanding of fairness generally. We conclude that AI regulations stipulating an abstract fairness principle are ineffective societally.

Capitalizing on extensive related work in computer science and the humanities, we present an approach that can help ML developers choose a formal definition of fairness suitable for a particular country and application domain.

Abstract rules from the human world fail in the ML world and ML developers will never be free from criticism if the status quo remains. We argue that the law should shift from an abstract definition of fairness to a formal legal definition. Legislators and society as a whole should tackle the challenge of defining fairness, but since no definition perfectly matches the human sense of fairness, legislators must publicly acknowledge the drawbacks of the chosen definition and assert that the benefits outweigh them. Doing so creates transparent standards of fairness to ensure that technology serves the values and best interests of society.

Keywords: Artificial Intelligence; Bias; Fairness; Machine Learning; Regulation; Values; Antidiscrimination Law

JEL Classification: K19

Suggested Citation

Semenova, Ekaterina and Perevoshchikova, Ekaterina and Ivanov, Alexey and Erofeev, Mikhail, Fairness Meets Machine Learning: Searching For A Better Balance (December 12, 2019). Higher School of Economics Research Paper No. WP BRP 93/LAW/2019, Available at SSRN: https://ssrn.com/abstract=3502708 or http://dx.doi.org/10.2139/ssrn.3502708

Ekaterina Semenova (Contact Author)

National Research University Higher School of Economics (Moscow) ( email )

Myasnitskaya street, 20
Moscow, Moscow 119017
Russia

Ekaterina Perevoshchikova

National Research University Higher School of Economics (Moscow) ( email )

Myasnitskaya street, 20
Moscow, Moscow 119017
Russia

Alexey Ivanov

HSE — Skolkovo Institute for Law and Development ( email )

Shabolovka St., 26
Moscow, 119049
Russia

HOME PAGE: http://ild.hse.ru/en/

Mikhail Erofeev

National Research University Higher School of Economics (Moscow) ( email )

Myasnitskaya street, 20
Moscow, Moscow 119017
Russia

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