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26 N.Y.U. J. Legis. & Pub. Pol'y 625 (2023-2024)
Analog Privilege

handle is hein.journals/nyulpp26 and id is 619 raw text is: ANALOG PRIVILEGE Maroussia Livesque* This Article introduces analog privilege to describe how elites avoid artificial intelligence (AI) systems and benefit from special personalized treatment instead. In the register of tailor-made clothes and ordering off menu, analog privilege spares elites from ill-fitting, mass-produced AI products and services. Our ability to curate our relationship with technology is a measure of our sophistication and, deep down, our power Analog privilege connects with other instances of elites exercising agency over modernity: homestead- ing, no-phone teens and the coastal grandmother aesthetic all signal a return to the quaint pre-modern. As AI becomes the default modus operandi in many sectors from customer service to enforcing workplace rules, elites secure a manual override. Analog privilege allows them to escape AI systems that in theory apply to everyone but in practice spare the select few. The existing literature focuses on whom AI harms, but this Article broad- ens the conversation to encompass whom it spares. Bringing attention to analog privilege highlights existing inequalities that enable special treatment for elites. This new lens provides a fuller picture of the distributional politics of Al, fostering a more capacious understanding of its social impact, and ultimately of the interconnectedness between precarity and privilege. Analog privilege matters because it erodes the social fabric. Lending credence to the idea that elites play by different rules, the divide between peo- ple subject to and exempt from AI fuels resentment and polarization. Analog privilege is thus part of a larger strain on social peace. By making analog privilege legible, this Article clarifies the diffused sense of injustice that must be rectified if we are to regenerate the connective tissue that feeds our collec- tive sense of belonging. Once analog privilege comes into focus, the question becomes what to do about it. Legal interventions alone won't cut it. Instead, a multi-prong ap- proach should align legal, technical, and other interventions. * Doctoral candidate, Harvard Law School. I am privileged to have received crucial help, feedback and inspiration from Jane Bestor, Gabriella Blum, Aaron Dell, Veena Dubal, Nicolas Parra Herrera, Adam Holland, Karan Lala, Maxime Laasri, Amre Metwally, Martha Minow, Michelle Pearse, Gali Racabi, Guy Rubenstein, Glenn Rodriguez, Anna Shea, Shani Shisha, Christian Smalls, Theodora Skeadas, the Amnesty Tech team, the Berkman Klein Center, as well as the participants and organizers of the Fairness and Privacy seminar at Harvard Law School and the Law and Political Economy Project at LSA 2023. Thank you to the stellar editors of the New York University Journal of Legislation and Public Policy. Errors are my own. 625 Imaged with Permission of N.Y.U. Journal of Legislation and Public Policy

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