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8 J. Int'l & Comp. L. 513 (2021)
Artificial Intelligence Bias and Discrimination: Will We Pull the Arc of the Moral Universe towards Justice?

handle is hein.journals/jintcl8 and id is 517 raw text is: ARTIFICIAL INTELLIGENCE BIAS AND
Emile Loza de Siles*
Abstract: In 1968, the Reverend Martin Luther King Jr. foresaw the
inevitability of society's eventual triumph over the deep racism of his time
and the stain that continues to cast its destructive oppressive pall today. From
the pulpit of the nation's church, Dr King said, We shall overcome because
the arc of the moral universe is long but it bends toward justice. More than
40 years later, Eric Holder, the first African American United States Attorney
General, agreed, but only if people acting with conviction exert to pull that
arc towards justice.
With artificial intelligence (AI) bias and discrimination rampant, the need
to pull the moral arc towards algorithmic justice is urgent. This article offers
empowering clarity by conceptually bifurcating Al bias problems into Al bias
engineering and organisational Al governance problems, revealing proven
legal development pathways to protect against the corrosive harms of Al bias
and discrimination.
Keywords: artificial intelligence; algorithm; bias; discrimination; Al
governance; technical standards; civil rights; human rights
I. Introduction
In 1968, the Reverend Martin Luther King Jr. spoke about the inevitability of soci-
ety's eventual triumph over the deep racism of his time and the stain that continues
to cast its destructive oppressive pall today. From high on the pulpit of the nation's
* Emile Loza de Siles is Assistant Professor at Duquesne University School of Law. She has provided
intellectual property and other services to Cisco Systems, HP, and other tech innovators since 2003
and teaches in the cybersecurity graduate programme of the University of Maryland Global Campus.
Educated at George Washington University, Georgetown, and elsewhere, Professor Loza de Siles serves
on the Institute of Electrical and Electronics Engineers Artificial Intelligence and Autonomous Systems
Policy Committee and various artificial intelligence working groups. The author may be contacted at
Duquesne University School of Law, 600 Forbes Avenue, Pittsburgh, PA 15282, USA. lozae@duq.edu.
Thanks to Carla Reyes and Kristin Johnson for their invitation to present at Exploring the Implica-
tions of Artificial Intelligence. Thanks also to Jennifer Chacon, Steven Bender, Cesar Garcia Hernan-
dez, Madeleine Placencia, Elizabeth Iglesias, Solangel Maldonado, Veronica Gonzales-Zamora,
Sherley Cruz, Alexander Boni-Saenz, Cori Alonso-Yoder, Julia Hernandez, Isolde de Villiers, Marga-
rita Vladimirova, Sofia Ranchordas, and Jeffrey Ritter for their collective comments on an earlier partial
draft and a subsequent presentation of this work. Gratitude to my family always.
[(2021) 8:2 JICL 513-544]

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