American Bar Association Adopts New AI Accountability Resolution

February 8, 2023

This week the American Bar Association (ABA) adopted a new policy holding individuals and organizations that develop, deploy, and use artificial intelligence (AI) systems and capabilities accountable for the consequences caused by the use of AI systems and capabilities, unless they have taken reasonable measures to mitigate against that harm or injury. The policy also urges developers, integrators, suppliers, and operators of AI systems and capabilities ensure their products are subject to human authority, oversight, and control, and ensure the traceability and transparency of their AI products. Most significantly, the policy states that the ABA “urges Congress, federal executive agencies, and State legislatures and regulators, to follow these guidelines in legislation and standards pertaining to AI.” EPIC regularly files comments and offers testimony on best practice in AI policy, recently published a report on how automated decision-making systems screen and score individuals, files amicus briefs and complaints to combat AI-related harms, and scrutinizes inappropriate uses of AI in the criminal justice context and by government agencies more generally.

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