COURSE EVALUATION LINK

DS457/DS657/JD673: Law and Algorithms

Course Overview

This cross-cutting and interdisciplinary course, taught jointly between the School of Law, the faculty of Computing and Data Sciences, and Computer Science investigates the role that algorithms and automated decision-making systems play in law and society. The course connects legal and computational concepts of transparency, fairness, bias, trust, and privacy, though a series of case studies that present recent applications of technology to legal and regulatory situations and explore the challenges in regulating algorithms.

Legal concepts explored will include evidence and expert witnesses, anti-discrimination law concepts of disparate impact and disparate treatment, sectoral information privacy regimes, and public access and transparency laws. Computational concepts explored will include artificial intelligence and machine learning, secure multi-party computation, differential privacy, and zero-knowledge proofs.

PLEASE NOTE: DUE TO THE CROSS LISTING OF THIS COURSE, THERE ARE SOME STRANGE LOGISTICS TO BE AWARE OF! MAKE SURE TO READ THE FOLLOWING!

  • THIS COURSE IS SCHEDULED FROM 2:10-4:10 in the Law Tower Room 203. Note that this is different than the listed time and location in student link for DS457/DS657
  • This course follows the Law School's Academic Calendar. That means that the first class period is on Thursday, January 19.

The syllabus for this semester (Spring 2023) can be found here. Please note that the syllabus currently lists the wrong room. We will be in Room 203.

Links to jump down to the reads for a particular class

Readings

Class 1: Intro to Law and Algorithms (Jan. 19)

Required

Intro to Computational Thinking:
Intro to Law and Legal Thinking
The Opportunities of Law & Algorithms:
The Collision of Law & Algorithms:
What Lies Underneath Technological Governance:
  • Catherine D’Ignazio and Lauren F. Klein, “The Power Chapter,” from Data Feminism (2020) – read sections on “Data Science by Whom?” and “Data Science for Whom?”

Optional

Class 2 – The Development and Legal Protection of Software (Jan. 27)

Required

How Software is Built, How Software Breaks
Concepts of Verification and Validation
How Software is Protected in Law
How Software is Examined in Litigation
Tensions in Intellectual Property and Software Scrutiny

Optional

Class 3 – Putting the TrueAllele Algorithm on Trial (Feb. 2)

Required

TrueAllele on Trial
Transparency as a Solution and its Critics
The Limits of Transparency Through Adversarial Litigation:
Alternatives:

Optional

Class 4 – Foundational Concepts in Privacy and Secrecy (Feb. 9)

Required

Introduction to Secrecy in Computing
Basic cryptography: encryption, signatures, and hashing
Advanced applications: secure multi-party computation and zero-knowledge proofs
Secrecy vs. Privacy
  • Daniel Solove, Understanding Privacy (2008) – read introduction to Chapter 1 (pp. 1–2); “The Concept of Privacy” (pp. 6–8); and “A New Theory of Privacy” (pp. 8–11)
Who is Centered in Cryptography Policy?

Optional

Class 5 – Trust in Voting Architecture, Trust in Vote Tallies (Feb. 16)

Voting Systems and Their Requirements
  • Sunoo Park, The Right to Vote Securely, Colo. L. Rev. (forthcoming 2023) – Read Parts II(A) and II(B) (pp. 17–23) and Part III(A) (pp. 33–38) (Document circulated via Teams)
  • Svetlana Lowry & Poorvi Vora, Desirable Properties in Voting Systems, NIST (Sept. 25, 2009) – read section 2 only
The Infusion of Technology in Voting Systems
Validating and Challenging Elections

Optional

The Challenge of “Proof of Inclusion” (Feb 23)

Required

The majority of your reading this week will be the background research on the voting system that you will be analyzing for Assignment 2. Please come prepared to discuss your system.
Intro to E2EV systems
  • Josh Benaloh, Ronald Rivest, Peter Y. A. Ryan, Philip Stark, Vanessa Teague, Poorvi Vora, End-to-End Verifiability (Feb. 2014) – read all
  • Matthew Bernhard, Josh Benaloh, J. Alex Halderman, Ronald L. Rivest, Peter Y. A. Ryan, Philip B. Stark, Vanessa Teague, Poorvi L. Vora, and Dan S. Wallach, Public Evidence from Secret Ballots (Aug. 2017) – read Part 4 only
The Adoption of E2EV Systems

Class 7 – Anonymization, Identification, and Differential Privacy (March 2)

Required

Intro to Anonymization and Re-Identification Attacks
Intro to Differential Privacy
Bringing Differential Privacy Into the Law

Optional:

Bringing Differential Privacy to the Census (March 16)

Required

Utility and Privacy in the Census
Differential privacy in the 2020 Census
Legal Challenges to Differential Privacy
From Privacy to Bias

Optional Reading:

Class 9 – Artificial Intelligence and Anti-Discrimination Laws (March 23)

Required

Intro to ML:
How Bias Enters AI:
Intro to Anti-Discrimination Law:

Optional Reading

Class 10 - The Challenge of Mitigating Bias in AI (March 30)

Required:

Adjustments to models:
Working within existing anti-discrimination law:

Optional Reading:

Class 11 – The COMPAS Algorithm and the Optimization Paradox (April 6)

Required:

Defining Fairness
Case study: The COMPAS Algorithm
The Optimization Paradox
Adopting Algorithms in Criminal Law

Optional Reading:

Class 12 – Special Guest Class with Prof. Ngozi Okidegbe (April 13)

We will be joined for the first hour this week by Prof. Ngozi Okidegbe, who will share a draft of a forthcoming article. Your reading for his week is that draft article, circulated via Teams.

Class 13 – Law and Algorithms (April 20)

Required:

Algorithmic Pre-Market Approval?
  • Andrew Tutt, An FDA for Algorithms, 69 Admin. L. Rev. 83 (2017) – read Section II only (pp. 104–11)
Just Add Audits?
Just Add Humans?
  • Rebecca Crootof, Margot Kaminski, & W. Nicholson Price II, Humans In the Loop, 76 Vand. L. Rev. (forthcoming 2023) – read section III (pp. 460–73)
Change Our Duties?
Change Our Design Process?

Optional Readings: