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An Algorithm Told Police She Was Safe. Then Her Husband Killed Her.
(www.nytimes.com)
This is a most excellent place for technology news and articles.
The article is not about how the AI is responsible for the death. It's likely that the woman would have died in the counterfactual.
The question is not "how effective is AI"? The question is should life or death decisions be made by an electrified Oracle at Delphi. You must answer this question before "is AI effective" becomes relevant.
If somebody was adjudicating traffic court with Tarot cards, would you ask: well how accurate are the cards compared to a judge?
Decisions should be made by whomever or whatever is most effective. That's not even a debate. If the tarot cards were right more often than the judge, fire the judge and get me a deck. Because the judge is clearly ineffective.
You can't privilege an approach just because it sounds more reasonable. It also has to BE more reasonable. It's crazy to say "I'm happy being wrong because I'm more comfortable with the process"
The trick of course is to find fair ways to measure effectiveness accurately and make sure it's repeatable. That's a rabbit hole of challenges.
The judge can bear legal responsibility. It's a feedback loop - somebody should be responsible for failures. We live in a society. If that somebody is not the side causing failures, things will get bad.
With a deck of cards it should be decided, how the responsibility is distributed between the party replacing humans with it, company producing cards, those interpreting the results.
Your point is valid regardless but the article mentions nothing about AI. ("Algorithm" doesn't mean "AI".)