A research agenda for a fast-emerging question: what happens to due process and accountability when federal agencies deploy AI in their own decision-making?
It is by now cliché to warn that artificial intelligence (AI) seems poised to disrupt most major institutions and economic sectors in the coming decades. Gallons of virtual ink have been spilled—here at Lawfare and elsewhere—arguing that AI will require a fundamental reimagining of many policy domains, from biosecurity to cybersecurity to privacy.Yet, as we rapidly approach America’s semiquincentennial, we fear that another looming threat has not received the attention it deserves: the risks to the rule of law from the use of frontier AI systems in the executive branch (ExecAI). Whether due to the existing limitations of the technology, bureaucratic inertia, or something else, state-of-the-art AI systems have yet to fundamentally transform the functioning of the executive branch.…
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