Disability Discrimination Using Artificial Intelligence Systems and Social Scoring: Can We Disable Digital Bias?
![handle is hein.journals/jintcl8 and id is 491 raw text is: DISABILITY DISCRIMINATION USING ARTIFICIAL
INTELLIGENCE SYSTEMS AND SOCIAL SCORING: CAN
WE DISABLE DIGITAL BIAS?
Nizan Geslevich Packin*
Abstract: Algorithmic assessments of personal characteristics gleaned
from social networks are regularly used to rate people in fields ranging
from insurance premiums, to hiring decisions and employment chances, to
social security benefits. These algorithms comb through huge datasets (such
as information uploaded by users on social networks) to learn correlations
and trends between certain characteristics and to generate people-rankings,
which systematically rate individuals based on social, reputational, physical,
mental and even behavioural features. Because such algorithms equally apply
to people with, and without, disabilities, they are particularly pernicious
for people with disabilities. In other words, the algorithms rank persons
with disabilities lower (or as less desirable) than able-bodied individuals,
resulting in discrimination against those with disabilities by the public and
private sector organisations that rely on such algorithms. Legislative action
is needed to provide people with disabilities with legal protection from such
algorithmic discrimination, regardless of whether such discrimination is
purposeful or inadvertent. Because such algorithms are used across a wide
variety of industries, legislation requiring that similarly situated disabled and
able-bodied persons receive the same algorithmic ranking can dramatically
help to improve the life quality and opportunities available for people with
disabilities.
Keywords: artificial intelligence; social media; algorithms; disability;
discrimination; digital technology; big data; innovation
* Nizan GeslevichlPackin is Associate Professor of Law at Baruch College, City University of New York;
Senior Lecturer at Haifa University Faculty of Law; Fellow at the Yale Cyber Leadership Forum and
Affiliated Faculty at Indiana University Bloomington's Program on Governance of the Internet and
Cybersecurity. Nizan researches Financial Regulation, Consumer Protection law, Ethical Implications
of Digital Technologies, Business Law and Information Law. Before academia, she practised at Skad-
den, Arps, Slate, Meagher & Flom LLP; clerked in the Israeli Supreme Court and interned for Judge
Weinstein at the Eastern District of New York and at the Federal Trade Commission. The author may
be contacted at Law Department, Baruch College, City University of New York, One Bernard Baruch
Way, New York, NY 10010, USA. nizan.packingbaruchcuny.edu.
[(2021) 8:2 JICL 487-512]](ViewImageLocal?handle=hein.journals/jintcl8&div=23&collection=&method=preview&ext=.png&size=3)
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Disability Discrimination Using Artificial Intelligence Systems and Social Scoring: Can We Disable Digital Bias?
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