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Holli Sargeant

Publications and source records attributed to Holli Sargeant.

10 recordsLinked to original sources

Unequal Uncertainty: Rethinking Algorithmic Interventions for Mitigating Discrimination from AI

Uncertainty in artificial intelligence (AI) predictions raises pressing legal and ethical questions for AI-assisted decision-making. This article examines two uncertainty-based algorithmic interventions that act as guardrails for human-AI interaction: selective abstention, which withholds high-uncertainty predictions from human decision-makers, and selective friction, which presents such predictions together with salient warnings about the model's uncertainty. Prior work suggests that uncertainty-based abstention can exacerbate disparities where under-represented groups are more likely to receive uncertain predictions. We provide, to our knowledge, the first doctrinal analysis of uncertainty-based algorithmic interventions under laws from the United Kingdom and examine their consequences through two AI-assisted case studies: consumer credit and risk of reoffending. We show that the use of uncertainty thresholds, though formally neutral, can generate discriminatory effects. We argue that both interventions pose risks of unlawful discrimination, but that selective friction is legally preferable. It preserves access to the prediction and is more likely to satisfy proportionality under the Equality Act 2010. Whether selective friction also improves decision quality in practice is uncertain. We identify conditions under which it may improve or worsen decision quality.

cs.CY

Prompt Governance? On Governing Technologies Governed by Natural Language

Generative artificial intelligence (GenAI) is increasingly operated by natural language instructions (prompts). Across the pipeline, stakeholders designate various forms, e.g. end-user guidelines, developer specifications, or system prompts, as prompt governance instruments. These textual artifacts are intended to shape model behaviour by specifying constraints, priorities, and compliance rules. Policymakers and regulators have begun to treat system-level instructions as accessible prompt-based GenAI intervention points, assuming they function (directly or indirectly) as behavioural control. Yet whether these instructions operate reliably and predictably enough across contexts to support such governance frameworks remains underexplored. Towards this, we systematically evaluate (i) how researchers discuss and treat system-level instructions in the literature, focusing on large language models (LLMs) as they isolate language effects; (ii) how policymakers position system-level instructions as governance objects, incorporating analysis of two policy frameworks (US Exec. Order on Preventing Woke AI, and EU General-Purpose AI Code of Practice); and (iii) whether misalignments between these perspectives warrant closer inspection of the viability of governing AI through natural language. We identify a fragmented literature advancing varying and contradictory claims about what goals system-level instructions can achieve, which we distil into a typology of claims. Further, we show how divergent claims complicate policy approaches that treat system-level instructions as stable, interpretable control mechanisms. We argue that given such misalignments, careful consideration must be given to prompt governance approaches. Our findings have broad implications, extending from a LLM policy context to the use of natural language as control mechanism in technical systems more generally.

cs.CY

Large Language Models' Complicit Responses to Illicit Instructions across Socio-Legal Contexts

Large language models (LLMs) are now deployed at unprecedented scale, assisting millions of users in daily tasks. However, the risk of these models assisting unlawful activities remains underexplored. In this study, we define this high-risk behavior as complicit facilitation - the provision of guidance or support that enables illicit user instructions - and present four empirical studies that assess its prevalence in widely deployed LLMs. Using real-world legal cases and established legal frameworks, we construct an evaluation benchmark spanning 269 illicit scenarios and 50 illicit intents to assess LLMs' complicit facilitation behavior. Our findings reveal widespread LLM susceptibility to complicit facilitation, with GPT-4o providing illicit assistance in nearly half of tested cases. Moreover, LLMs exhibit deficient performance in delivering credible legal warnings and positive guidance. Further analysis uncovers substantial safety variation across socio-legal contexts. On the legal side, we observe heightened complicity for crimes against societal interests, non-extreme but frequently occurring violations, and malicious intents driven by subjective motives or deceptive justifications. On the social side, we identify demographic disparities that reveal concerning complicit patterns towards marginalized and disadvantaged groups, with older adults, racial minorities, and individuals in lower-prestige occupations disproportionately more likely to receive unlawful guidance. Analysis of model reasoning traces suggests that model-perceived stereotypes, characterized along warmth and competence, are associated with the model's complicit behavior. Finally, we demonstrate that existing safety alignment strategies are insufficient and may even exacerbate complicit behavior.

cs.CY

Formalising Anti-Discrimination Law in Automated Decision Systems

Algorithmic discrimination is a critical concern as machine learning models are used in high-stakes decision-making in legally protected contexts. Although substantial research on algorithmic bias and discrimination has led to the development of fairness metrics, several critical legal issues remain unaddressed in practice. The paper addresses three key shortcomings in prevailing ML fairness paradigms: (1) the narrow reliance on prediction or outcome disparity as evidence for discrimination, (2) the lack of nuanced evaluation of estimation error and assumptions that the true causal structure and data-generating process are known, and (3) the overwhelming dominance of US-based analyses which has inadvertently fostered some misconceptions regarding lawful modelling practices in other jurisdictions. To address these gaps, we introduce a novel decision-theoretic framework grounded in anti-discrimination law of the United Kingdom, which has global influence and aligns closely with European and Commonwealth legal systems. We propose the "conditional estimation parity" metric, which accounts for estimation error and the underlying data-generating process, aligning with UK legal standards. We apply our formalism to a real-world algorithmic discrimination case, demonstrating how technical and legal reasoning can be aligned to detect and mitigate unlawful discrimination. Our contributions offer actionable, legally-grounded guidance for ML practitioners, policymakers, and legal scholars seeking to develop non-discriminatory automated decision systems that are legally robust.

cs.CY

Topic Classification of Case Law Using a Large Language Model and a New Taxonomy for UK Law: AI Insights into Summary Judgment

This paper addresses a critical gap in legal analytics by developing and applying a novel taxonomy for topic classification of summary judgment cases in the United Kingdom. Using a curated dataset of summary judgment cases, we use the Large Language Model Claude 3 Opus to explore functional topics and trends. We find that Claude 3 Opus correctly classified the topic with an accuracy of 87.13% and an F1 score of 0.87. The analysis reveals distinct patterns in the application of summary judgments across various legal domains. As case law in the United Kingdom is not originally labelled with keywords or a topic filtering option, the findings not only refine our understanding of the thematic underpinnings of summary judgments but also illustrate the potential of combining traditional and AI-driven approaches in legal classification. Therefore, this paper provides a new and general taxonomy for UK law. The implications of this work serve as a foundation for further research and policy discussions in the field of judicial administration and computational legal research methodologies.

cs.CL

Modulating Language Model Experiences through Frictions

Language models are transforming the ways that their users engage with the world. Despite impressive capabilities, over-consumption of language model outputs risks propagating unchecked errors in the short-term and damaging human capabilities for critical thinking in the long-term. How can we develop scaffolding around language models to curate more appropriate use? We propose selective frictions for language model experiences, inspired by behavioral science interventions, to dampen misuse. Frictions involve small modifications to a user's experience, e.g., the addition of a button impeding model access and reminding a user of their expertise relative to the model. Through a user study with real humans, we observe shifts in user behavior from the imposition of a friction over LLMs in the context of a multi-topic question-answering task as a representative task that people may use LLMs for, e.g., in education and information retrieval. We find that frictions modulate over-reliance by driving down users' click rates while minimally affecting accuracy for those topics. Yet, frictions may have unintended effects. We find marked differences in users' click behaviors even on topics where frictions were not provisioned. Our contributions motivate further study of human-AI behavioral interaction to inform more effective and appropriate LLM use.

cs.HC

When Should Algorithms Resign? A Proposal for AI Governance

Algorithmic resignation is a strategic approach for managing the use of artificial intelligence (AI) by embedding governance directly into AI systems. It involves deliberate and informed disengagement from AI, such as restricting access AI outputs or displaying performance disclaimers, in specific scenarios to aid the appropriate and effective use of AI. By integrating algorithmic resignation as a governance mechanism, organizations can better control when and how AI is used, balancing the benefits of automation with the need for human oversight.

cs.CY

LLM vs. Lawyers: Identifying a Subset of Summary Judgments in a Large UK Case Law Dataset

To undertake computational research of the law, efficiently identifying datasets of court decisions that relate to a specific legal issue is a crucial yet challenging endeavour. This study addresses the gap in the literature working with large legal corpora about how to isolate cases, in our case summary judgments, from a large corpus of UK court decisions. We introduce a comparative analysis of two computational methods: (1) a traditional natural language processing-based approach leveraging expert-generated keywords and logical operators and (2) an innovative application of the Claude 2 large language model to classify cases based on content-specific prompts. We use the Cambridge Law Corpus of 356,011 UK court decisions and determine that the large language model achieves a weighted F1 score of 0.94 versus 0.78 for keywords. Despite iterative refinement, the search logic based on keywords fails to capture nuances in legal language. We identify and extract 3,102 summary judgment cases, enabling us to map their distribution across various UK courts over a temporal span. The paper marks a pioneering step in employing advanced natural language processing to tackle core legal research tasks, demonstrating how these technologies can bridge systemic gaps and enhance the accessibility of legal information. We share the extracted dataset metrics to support further research on summary judgments.

cs.CL

The Cambridge Law Corpus: A Dataset for Legal AI Research

We introduce the Cambridge Law Corpus (CLC), a dataset for legal AI research. It consists of over 250 000 court cases from the UK. Most cases are from the 21st century, but the corpus includes cases as old as the 16th century. This paper presents the first release of the corpus, containing the raw text and meta-data. Together with the corpus, we provide annotations on case outcomes for 638 cases, done by legal experts. Using our annotated data, we have trained and evaluated case outcome extraction with GPT-3, GPT-4 and RoBERTa models to provide benchmarks. We include an extensive legal and ethical discussion to address the potentially sensitive nature of this material. As a consequence, the corpus will only be released for research purposes under certain restrictions.

cs.CL

Transparency, Governance and Regulation of Algorithmic Tools Deployed in the Criminal Justice System: a UK Case Study

We present a survey of tools used in the criminal justice system in the UK in three categories: data infrastructure, data analysis, and risk prediction. Many tools are currently in deployment, offering potential benefits, including improved efficiency and consistency. However, there are also important concerns. Transparent information about these tools, their purpose, how they are used, and by whom is difficult to obtain. Even when information is available, it is often insufficient to enable a satisfactory evaluation. More work is needed to establish governance mechanisms to ensure that tools are deployed in a transparent, safe and ethical way. We call for more engagement with stakeholders and greater documentation of the intended goal of a tool, how it will achieve this goal compared to other options, and how it will be monitored in deployment. We highlight additional points to consider when evaluating the trustworthiness of deployed tools and make concrete proposals for policy.

cs.CY