Reuben Binns

Decisions based on algorithmic, machine learning models can be unfair, reproducing biases in historical data used to train them. While computational techniques are emerging to address aspects of these concerns through communities such as discrimination-aware data mining and fairness, accountability and transparency machine learning, their practical implementation faces real-world challenges. For legal, institutional or commercial reasons, organisations might not hold the data on sensitive attributes such as gender, ethnicity, sexuality or disability needed to diagnose and mitigate emergent indirect discrimination-by-proxy, such as redlining. Such organisations might also lack the knowledge and capacity to identify and manage fairness issues that are emergent properties of complex sociotechnical systems. This paper presents and discusses three potential approaches to deal with such knowledge and information deficits in the context of fairer machine learning. Trusted third parties could selectively store data necessary for performing discrimination discovery and incorporating fairness constraints into model-building in a privacy-preserving manner. Collaborative online platforms would allow diverse organisations to record, share and access contextual and experiential knowledge to promote fairness in machine learning systems. Finally, unsupervised learning and pedagogically interpretable algorithms might allow fairness hypotheses to be built for further selective testing and exploration. Real-world fairness challenges in machine learning are not abstract, constrained optimisation problems, but are institutionally and contextually grounded. Computational fairness tools are useful, but must be researched and developed in and with the messy contexts that will shape their deployment, rather than just for imagined situations. Not doing so risks real, near-term algorithmic harm.

As government pressure on major technology companies builds, both firms and legislators are searching for technical solutions to difficult platform governance puzzles such as hate speech and misinformation. Automated hash-matching and predictive machine learning tools – what we define here as algorithmic moderation systems – are increasingly being deployed to conduct content moderation at scale by major platforms for user-generated content such as Facebook, YouTube and Twitter. This article provides an accessible technical primer on how algorithmic moderation works; examines some of the existing automated tools used by major platforms to handle copyright infringement, terrorism and toxic speech; and identifies key political and ethical issues for these systems as the reliance on them grows. Recent events suggest that algorithmic moderation has become necessary to manage growing public expectations for increased platform responsibility, safety and security on the global stage; however, as we demonstrate, these systems remain opaque, unaccountable and poorly understood. Despite the potential promise of algorithms or ‘AI’, we show that even ‘well optimized’ moderation systems could exacerbate, rather than relieve, many existing problems with content policy as enacted by platforms for three main reasons: automated moderation threatens to further increase opacity, making a famously non-transparent set of practices even more difficult to understand or audit, further complicate outstanding issues of fairness and justice in large-scale sociotechnical systems and re-obscure the fundamentally political nature of speech decisions being executed at scale.

The ever-increasing application of algorithms to decision-making in a range of social contexts has prompted demands for algorithmic accountability. Accountable decision-makers must provide their decision-subjects with justifications for their automated system’s outputs, but what kinds of broader principles should we expect such justifications to appeal to? Drawing from political philosophy, I present an account of algorithmic accountability in terms of the democratic ideal of ‘public reason’. I argue that situating demands for algorithmic accountability within this justificatory framework enables us to better articulate their purpose and assess the adequacy of efforts toward them.

This thesis assesses philosophical arguments in favour of patent systems. These come in both consequentialist and deontological forms, the latter of which are the focus of this analysis. One kind of deontological argument is based on the concept of desert. I argue that on any plausible conception of desert, the patent system fails to distribute rewards as well as viable alternative systems could. The other kind of deontological argument claims that inventors are entitled to patent rights over their inventions as an extension of their natural rights, drawing on a Lockean account of the conditions of legitimate appropriation of unowned goods. After a discussion of the metaphysics of invention, and of the nature of the commons, I argue that Locke's conditions are not in fact always trivially satisfied in the case of patents. Furthermore, entitlement-based arguments conclude that because new inventions are unowned, claiming property rights in them involves only the same moral considerations that would apply in the state of nature. I argue that because we are not in the state of nature, pre-existing property rights also need to be taken into account, which conflict with patents. The broad conclusion of this thesis is that none of the plausible deontological arguments for patent systems are sound. The implication is that any justification of must therefore be made in consequentialist terms; this ultimately rests on strong empirical evidence rather than normative arguments alone