“Beyond the Black Box,” 98 Denver Law Review 683 (2021)

As algorithms have become more complex, privacy and ethics scholars have urged artificial intelligence (AI) transparency to ensure safety and prevent discrimination. International statutes increasingly mandate that algorithmic decision-making be explained to affected individuals when such decisions impact their legal rights. Algorithms created by AI are often protected under trade secrecy status, and their dynamic inscrutability makes them a “black box”—even their creators cannot easily describe how they work. Tschider’s article explains that despite these challenges it may still be possible to satisfy safety and fairness goals by focusing on AI system and process disclosure.