The fallacy of inscrutability
Open accessAbstract
Contrary to the criticism that mysterious, unaccountable black-box software systems threaten to make the logic of critical decisions inscrutable, we argue that algorithms are fundamentally understandable pieces of technology. Software systems are designed to interact with the world in a controlled way and built or operated for a specific purpose, subject to choices and assumptions. Traditional power structures can and do turn systems into opaque black boxes, but technologies can always be understood at a higher level, intensionally in terms of their designs and operational goals and extensionally in terms of their inputs, outputs and outcomes. The mechanisms of a system's operation can always be examined and explained, but a focus on machinery obscures the key issue of power dynamics. While structural inscrutability frustrates users and oversight entities, system creators and operators always determine that the technologies they deploy are fit for certain uses, making no system wholly inscrutable. We investigate the contours of inscrutability and opacity, the way they arise from power dynamics surrounding software systems, and the value of proposed remedies from disparate disciplines, especially computer ethics and privacy by design. We conclude that policy should not accede to the idea that some systems are of necessity inscrutable. Effective governance of algorithms comes from demanding rigorous science and engineering in system design, operation and evaluation to make systems verifiably trustworthy. Rather than seeking explanations for each behaviour of a computer system, policies should formalize and make known the assumptions, choices, and adequacy determinations associated with a system. This article is part of the theme issue ‘Governing artificial intelligence: ethical, legal, and technical opportunities and challenges’.
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Claims the paper makes
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- Findingcitation
The COMPAS audit reveals a fairness issue that was not previously observed: black arrestees are rated incorrectly as having a high risk of being re-arrested upon release nearly twice as often as white arrestees.
“the audit nonetheless reveals a fairness issue that was not previously observed: black arrestees are rated incorrectly as having a high risk of being re-arrested upon release nearly twice as often as white arrestees.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [39]
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- Findingcitation
A review by ProPublica discovered a disparity in false positive rates for black arrestees in the COMPAS evaluation.
“For example, a review by ProPublica famously discovered a disparity in false positive rates for black arrestees in the COMPAS evaluation, which is used to support bail decisions and other criminal justice professional judgement [39].”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [39]
Not checked in the free run.
- Interpretationreasoning
The claimed inscrutability of computer systems is a category error because critics ascribe values to mechanical technologies and not to the humans who designed, built and fielded them.
“That is, the claimed inscrutability of computer systems is a category error: by claiming that a system's actions cannot be understood, critics ascribe values to mechanical technologies and not to the humans who designed, built and fielded them.”
Quote in the paperNot a substantial claim - Interpretationnone given
Traditional power structures can and do turn systems into opaque black boxes.
“Traditional power structures can and do turn systems into opaque black boxes, but technologies can always be understood at a higher level, intensionally in terms of their designs and operational goals and extensionally in terms of their inputs, outputs and outcomes.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Because learning technologies are difficult to understand at a mechanistic level, applying them without considering phenomena or ends creates a barrier to understanding.
“Because such learning technologies are, as a general matter, difficult to understand at a mechanistic level, such an approach serves to create a barrier to understanding.”
Quote in the paperNot a substantial claim
- Interpretationreasoning
Computer systems are not pure, neutral tools, but products of their sociotechnical context.
“Computer systems are not pure, neutral tools, but products of their sociotechnical context, and must be considered as such.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The mechanisms of a system's operation can always be examined and explained.
“The mechanisms of a system's operation can always be examined and explained, but a focus on machinery obscures the key issue of power dynamics.”
Quote in the paperNot a substantial claim - Interpretationcitation
Explanations risk being 'just-so' stories, which lend false credence to an incorrect construct.
“Explanations risk being 'just-so' stories, which lend false credence to an incorrect construct [14].”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [14]
Not checked in the free run.
- Interpretationreasoning
Algorithms are fundamentally understandable pieces of technology.
“Contrary to the criticism that mysterious, unaccountable black-box software systems threaten to make the logic of critical decisions inscrutable, we argue that algorithms are fundamentally understandable pieces of technology.”
- Also stated in: § 1. Introduction · plain
“Instead, this paper argues that, while software systems may be opaque to certain observers in certain cases, at base they can and must be understood, both at a technical level and in a human context.”
Quote in the paperNot a substantial claim - Also stated in: § 1. Introduction · plain
- Interpretationreasoning
Systems which are designed to achieve certain goals in a trustworthy and verifiable way can reasonably be judged on an absolute scale.
“While demanding perfect foresight puts too much faith in engineering, it is certainly true that systems which are designed to achieve certain goals in a trustworthy and verifiable way can reasonably be judged on an absolute scale.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Explanations tend to unpack the mechanism of a tool, focusing narrowly on the way the tool operated at the expense of contextualizing that operation.
“Rather, explanations tend to unpack the mechanism of a tool, focusing narrowly on the way the tool operated at the expense of contextualizing that operation.”
Quote in the paperNot a substantial claim - Interpretationreasoning
No system is wholly inscrutable.
“While structural inscrutability frustrates users and oversight entities, system creators and operators always determine that the technologies they deploy are fit for certain uses, making no system wholly inscrutable.”
- Also stated in: § 1. Introduction · plain
“Thus, no system is wholly inscrutable.”
Quote in the paperSubstantial claim - Also stated in: § 1. Introduction · plain
- Interpretationreasoning
Interventions may not always provide a path to understanding.
“Interventions may not always provide a path to understanding either.”
Quote in the paperSubstantial claim - Interpretationreasoning
The choice of how to use tools is made by the system's designers, operators and controllers.
“This choice is made by the system's designers, operators and controllers.”
Quote in the paperSubstantial claim - Interpretationreasoning
By focusing on the mechanisms of software development instead of questioning foundational assumptions baked into that process, agile and other iterative methods can blind an organization to straightforward questions with important answers.
“By focusing on the mechanisms of software development instead of questioning foundational assumptions baked into that process, agile and other iterative methods can blind an organization to straightforward questions with important answers.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Inscrutability is not a result of technical complexity but rather of power dynamics in the choice of how to use tools.
“And in context, inscrutability is not a result of technical complexity but rather of power dynamics in the choice of how to use those tools.”
Quote in the paperNot a substantial claim - Interpretationreasoning
System creators and operators always determine that the technologies they deploy are fit for certain uses.
“While structural inscrutability frustrates users and oversight entities, system creators and operators always determine that the technologies they deploy are fit for certain uses, making no system wholly inscrutable.”
Quote in the paperNot a substantial claim - Premisecitation
The law successfully regulates harmful environmental effects of processes in other domains, requiring that systems which might have negative consequences be controlled by the best available technology.
“Further, the law does successfully regulate harmful environmental effects of processes in other domains, requiring that systems which might have negative consequences be controlled by the best available technology [20].”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [20]
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- Interpretationreasoning
Any inscrutability or opacity is the product of power dynamics between the controllers of a system and those affected by it.
“Any inscrutability or opacity, then, is the product of power dynamics between the controllers of a system and those affected by it.1”
Quote in the paperNot a substantial claim- Rests on an assumption: Interventions to protect users or subjects of computer systems should engage power relationships between controllers and affected parties.
- Interpretationreasoning
The presence of tests acts against opacity and inscrutability because tests can be reviewed alongside code.
“Therefore, the presence of tests acts against opacity and inscrutability because tests can be reviewed alongside code.”
Quote in the paperSubstantial claim - Premisecitation
Even software systems not based on learning can be difficult or impossible to examine due to fundamental mathematical limitations within computer science.
“Even software systems that are not based around learning from data can be difficult or impossible to examine due to fundamental mathematical limitations within computer science [15,16].”
Quote in the paperSubstantial claim0 of 2 sources checked- cites [15]
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- cites [16]
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- Interpretationreasoning
Arguing that the effects of a system are unforeseeable pre-apologizes for that system's failures.
“But arguing that the effects of a system are unforeseeable pre-apologizes for that system's failures.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Without clear places in the life cycle to convene stakeholders, review progress, and confirm the validity of process outputs, flexibility comes at the cost of less oversight.
“That is, without clear places in the life cycle to convene stakeholders, review progress, and confirm the validity of process outputs, flexibility comes at the cost of less oversight.”
Quote in the paperSubstantial claim - Interpretationreasoning
An individual right to explanation is not a remedy for opacity.
“Nor is an individual right to explanation a remedy for opacity.”
Quote in the paperSubstantial claim - Interpretationreasoning
Recent debates on the governance of artificial intelligence ignore the extent to which inscrutability is always a structural concern and a technological choice.
“but recent debates on the governance of artificial intelligence ignore the extent to which inscrutability is always a structural concern and a technological choice.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Lack of reproducibility is a source of inscrutability that is due to the technology in use, though indirectly.
“Lack of reproducibility is a source of inscrutability which differs from those we have seen above, in that it is due to the technology in use, though indirectly.”
Quote in the paperSubstantial claim - Interpretationreasoning
Even when the specifics of how a system will interact with the world are not directly foreseeable, they can be reviewed, managed and constrained.
“Even when the specifics of how a system will interact with the world are not directly foreseeable, they can be reviewed, managed and constrained.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Examining an artefact within the context of its design process provides a more robust understanding than receiving an explanation for each behaviour of the artefact.
“Examining an artefact within the context of its design process provides a more robust understanding than receiving an explanation for each behaviour of the artefact, though the two approaches can support each other.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Only measuring and validating a system against the world can manage and control the risks of concept drift and modelling error.
“Only measuring and validating a system against the world can manage and control these risks.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Any lack of reproducibility is due to poor engineering practices.
“Computers are deterministic machines, and so any lack of reproducibility is due to poor engineering practices (many specialized tools exist to track what a system has done to make it possible to reproduce that series of behaviours [48]).”
Quote in the paperSubstantial claim - Interpretationreasoning
Explanations need not relate mechanistically to the operation of the system they explain.
“Explanations need not relate mechanistically to the operation of the system they are explaining, though they often do.”
Quote in the paperNot a substantial claim - Premisecitation
Transparency is generally served by reproducibility.
“Transparency is generally served by reproducibility, or the ability to reconstruct the actions of some computer system on multiple occasions [47].”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [47] source
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- Interpretationreasoning
Measuring how a system performs in real-world conditions helps reveal bugs, biases, and mistaken assumptions while it is being developed and deployed.
“Measuring the performance of a system in the wild is also useful during the development and fielding of a system to uncover bugs, biases and incorrect assumptions.”
Quote in the paperSubstantial claim - Interpretationreasoning
Even if designers cannot foresee the interactions between their products and the world, such effects can be considered during iterations of the design process or learned about through consultation with external experts and stakeholders.
“Even if we stipulate that designers cannot foresee the interactions between their products and the world, we discover that such effects can be considered during iterations of the design process or learned about through consultation with external experts and stakeholders.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Systems become trustworthy because of how they are validated and how that validation is verified to end users or through governance bodies.
“Systems become trustworthy because of how they are validated and how that validation is verified either directly to end users or indirectly through governance bodies.”
Quote in the paperNot a substantial claim - Premisecitation
Algorithm auditing provides tools for understanding how systems work in the real world.
“The emerging discipline of algorithm auditing provides tools for understanding how systems work in the real world [34][35][36][37][38].”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [34][35][36][37][38]
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- Interpretationcitation
Misleading explanations can have outsized weight because of automation bias.
“Because of automation bias, the phenomenon in which humans become more likely to believe answers that originate from a machine [51], such misleading explanations can have outsized weight.”
Quote in the paperSubstantial claim - Premisecitation
Courts have held that group-level extensional evaluation is an important approach to counteracting discrimination.
“While there are limits, courts have even held that group-level extensional evaluation is an important approach to counteracting discrimination [44].”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [44]
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- Interpretationcitation
The presence of robust audit data alone does not always create the context for accountability.
“But this is not the case: holding parties responsible for the behaviours of computer systems can be challenging for many reasons, and it is not always the case that the presence of robust audit data will, on its own, create the context for accountability [16,32].”
Quote in the paperSubstantial claim0 of 2 sources checked- cites [16]
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- cites [32] source
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- Interpretationreasoning
Systems can become opaque even when the data needed to reason about values of interest are available, because appropriate authorities fail to act on those data.
“systems can become opaque even when the data necessary to reason about values of interest are available, simply because appropriate authorities fail to act on those data.”
Quote in the paperSubstantial claim - Interpretationreasoning
Measurement of inputs, outputs and outcomes is necessary to dispel inscrutability, especially in situations where power dynamics prevent the review of information about the design of or mechanism behind a system.
“For both reasons, measurement of inputs, outputs and outcomes is also necessary to dispel inscrutability, especially in situations where power dynamics prevent the review of information about the design of or mechanism behind a system.”
Quote in the paperNot a substantial claim - Premisecitation
The right to review computer system outputs is guaranteed in laws such as the FCRA, ECOA, and GDPR.
“In fact, the right to review computer system outputs in this way is guaranteed in laws such as in the adverse action notices of the Fair Credit Reporting Act (FCRA) and the Equal Credit Opportunity Act (ECOA) in the USA, and in the Article 13-15 rights to data access and correction in the GDPR in Europe.”
Quote in the paperNot a substantial claim0 of 3 sources checked- cites Fair Credit Reporting Act (FCRA)
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- cites Equal Credit Opportunity Act (ECOA)
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- cites GDPR
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- Interpretationreasoning
Regular measurement helps manage concept drift and modelling error.
“Regular measurement helps to manage the twin phenomena of concept drift-changes in the world that can invalidate assumptions baked into collected data or data collection and normalization methodology-and modelling error-choices which cause the assumptions of a computer system to diverge from the reality of the world.”
Quote in the paperSubstantial claim - Interpretationnone given
Even incorrect answers from a computer system receive explanations, which may seem plausible especially if the incorrect output is plausible.
“One reason that explanation might not improve human trust of a computer system is that even incorrect answers from a computer system receive explanations, which may seem plausible especially if the system's incorrect output is plausible.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Inscrutability is likely to result from pre-existing power dynamics rather than being a property of the technology or its application.
“Once again, we see that inscrutability is likely to be the result of pre-existing power dynamics, not a property of the technology or its application.”
Quote in the paperNot a substantial claim - Interpretationreasoning
The idea of a purely opaque, black-box computer system is a category error.
“Thus, we see that the idea of a purely opaque, 'black-box' computer system is a category error, placing too much focus on understanding the mechanics of a tool when the real focus should be on how that tool is put to use and in what context.”
Quote in the paperNot a substantial claim - Interpretationreasoning
Opacity in sociotechnical systems results from power dynamics between actors that exist independent of the technical tools in use.
“Opacity in sociotechnical systems results from power dynamics between actors that exist independent of the technical tools in use.”
Quote in the paperSubstantial claim - Interpretationreasoning
All systems, even those requiring randomness, can be built to be fully reproducible.
“Nonetheless, it is still a choice: all systems, even those that require randomness, can be built to be fully reproducible.”
Quote in the paperSubstantial claim - Interpretationreasoning
This causes black arrestees to be required to post bail when no bail is deserved at a higher rate than whites.
“This causes black arrestees to be required to post bail when no bail is deserved at a higher rate than whites.”
Quote in the paperSubstantial claim - Interpretationcitation
Only when we consider how the mechanism functions in light of the process which created it do we truly have the information we need to assign responsibility for the system's behaviours.
“And only when we consider how the mechanism functions in light of the process which created it do we truly have the information we need to assign responsibility for the system's behaviours [32].”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [32] source
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- Premisecitation
Automation bias makes humans more likely to believe answers that originate from a machine.
“Because of automation bias, the phenomenon in which humans become more likely to believe answers that originate from a machine [51], such misleading explanations can have outsized weight.”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [51] source
Not checked in the free run.
- Premisenone given
Computers are deterministic machines.
“Computers are deterministic machines, and so any lack of reproducibility is due to poor engineering practices (many specialized tools exist to track what a system has done to make it possible to reproduce that series of behaviours [48]).”
Quote in the paperNot a substantial claim - Interpretationreasoning
Typical machine learning workflows are ill suited to reasoning about causality.
“Typical machine learning workflows are ill suited to reasoning about causality, though active research on this topic is creating new logics of causality which can support the creation of robust, meaningful models.”
Quote in the paperSubstantial claim
- Classified as probably not a substantial claim. 60
- May combine two claims. 30
Probably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
PremisecitationTests are often considered to be some of the best and most up-to-date documentation of a software system, to the point that some methodologies advocate writing tests in advance of writing the actual software, as tests constitute a de facto specification for a system.
“For this reason, tests are often considered to be some of the best and most up-to-date documentation of a software system, to the point that some methodologies advocate writing tests in advance of writing the actual software, as tests constitute a de facto specification for a system [27].”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [27]
Not checked in the free run.
Probably not a substantial claim: may not pass S4 (based).
Interpretationnone givenA right to explanation fails to provide individual understanding of particular decisions.
“Such a right sidesteps questions of aggregate effects like group fairness and nondiscrimination, while failing to provide individual understanding of particular decisions or to address power dynamics between individuals and computer systems or to facilitate governance of those”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningA focus on machinery obscures the key issue of power dynamics.
“The mechanisms of a system's operation can always be examined and explained, but a focus on machinery obscures the key issue of power dynamics.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based). May combine two claims.
Premisenone givenSoftware products have far and away more defects and bugs than other kinds of engineered artefacts, to the point that most people inside and outside the industry consider bugs and defects in software inevitable.
“Further, software products have far and away more defects and bugs than other kinds of engineered artefacts, to the point that most people inside and outside the industry consider bugs and defects in software inevitable.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningThe role of detailed, mechanistic explanations in creating understandable software systems is much smaller than the role of careful validation, experimentation, and a focus on capturing robust mechanisms, especially causal ones.
“The role of detailed, mechanistic explanations in creating understandable software systems is much smaller than the role of careful validation, experimentation, and a focus on capturing robust mechanisms, especially causal ones.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningExplanation is not an unalloyed good, because it is only useful when it properly engages the context of the tool being explained and because explanations at a technical level do not necessarily provide understanding or improve interpretability.
“Explanation is not an unalloyed good, both because it is only useful when it properly engages the context of the tool being explained and because explanations, at a technical level, do not necessarily provide understanding or improve the interpretability of a particular technical tool.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based). May combine two claims.
InterpretationreasoningThe priorities of the organization managing the software development are mediated into the product and tested for fit with the market rapidly, causing the benefits of sustained iteration to accrue not to overall social good, but to the software development organization alone.
“Instead, the priorities of the organization managing the software development are mediated into the product and tested for fit with the market rapidly, causing the benefits of sustained iteration to accrue not to overall social good, but to the software development organization alone.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenSystems can be understood in terms of their design goals and the mechanisms of their construction and operation.
“Systems can be understood in terms of their design goals and the mechanisms of their construction and operation.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
Premisenone givenIterative methodologies allow things learned during development, implementation and maintenance to be fed back into design objectives to create requirements for future iterations.
“To improve these sequential engineering paradigms, the software industry invented iterative methodologies, where the phases form a true cycle and the things learned during development, implementation and maintenance can be fed back into design objectives to create requirements for future iterations of the software product.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenA right to explanation sidesteps questions of aggregate effects like group fairness and nondiscrimination.
“Such a right sidesteps questions of aggregate effects like group fairness and nondiscrimination, while failing to provide individual understanding of particular decisions or to address power dynamics between individuals and computer systems or to facilitate governance of those”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationcitationTransparency of code and data alone does not provide understanding; there are fundamental technical limits on the capacity for software analysis.
“Transparency of these instruments alone does not provide understanding, however: there are fundamental technical limits on the capacity for software analysis [15,16].”
Quote in the paperSubstantial claim0 of 2 sources checked- cites [15]
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- cites [16]
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May combine two claims.
InterpretationreasoningA right to explanation fails to address power dynamics between individuals and computer systems or to facilitate governance of those systems.
“Such a right sidesteps questions of aggregate effects like group fairness and nondiscrimination, while failing to provide individual understanding of particular decisions or to address power dynamics between individuals and computer systems or to facilitate governance of those”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
InterpretationreasoningIn iterative models, design goals are a living product of the process of software engineering rather than a static input to software development.
“In these models, design goals are a living product of the process of software engineering rather than a static input to software development.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningUnderstanding how computer systems are designed and built, including trade-offs between competing goals, dispels much of the inscrutability the systems may have when viewed as a whole or from the perspective of someone affected.
“Understanding how computer systems are designed and built, including understanding when trade-offs between competing goals were made by the designers and why, dispels much of the inscrutability the systems may have when viewed as a whole or from the perspective of someone affected by such a system.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningIt may in many cases be unnecessary to understand the precise mechanisms of an algorithmic system, so long as we describe the outlines of the system's interaction with the world.
“It may in many cases be unnecessary to understand the precise mechanisms of an algorithmic system, just as we do not understand how humans make decisions, so long as we describe the outlines of the system's interaction with the world (e.g.doing good science, understanding causal mechanisms versus correlations).”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
InterpretationreasoningBecause both the software product and its specification are living outputs of the engineering process, approval, review and control suffer.
“Further, because both the software product and its specification are living outputs of the engineering process, approval, review and control suffer.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based). May combine two claims.
Premisenone givenSoftware systems are designed to interact with the world in a controlled way and are built or operated for a specific purpose, subject to choices and assumptions.
“Software systems are designed to interact with the world in a controlled way and built or operated for a specific purpose, subject to choices and assumptions.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningInscrutability in these contexts is a choice, perhaps one born of laziness, on the part of the system's controllers.
“But this barrier is illusory-inscrutability in these contexts is a choice, perhaps one born of laziness, on the part of the system's controllers.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenToo often, systems are built irresponsibly by simply applying learning technologies to data without considering what phenomena the results should capture or to what ends the resulting system should function.
“That is not to say that all systems are of necessity understandable-too often, systems are built (in whole or in part) irresponsibly by simply applying learning technologies to data without considering what phenomena the results should capture or to what ends the resulting system should function.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims.
InterpretationreasoningSometimes it is necessary to consider a system's context dynamically and to account for how the system changes and is changed by its context.
“Sometimes, it is necessary to consider a system's context dynamically and to account for how the system changes and is changed by its context.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationIt is common and a recognized best practice for software to be tested for consistency with its specification.
“Regardless of the development methodology being used, it is common and a recognized best practice for software to be tested for consistency with its specification [26].”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [26]
Not checked in the free run.
May combine two claims.
InterpretationreasoningTechnologies can always be understood at a higher level, intensionally in terms of their designs and operational goals and extensionally in terms of their inputs, outputs and outcomes.
“Traditional power structures can and do turn systems into opaque black boxes, but technologies can always be understood at a higher level, intensionally in terms of their designs and operational goals and extensionally in terms of their inputs, outputs and outcomes.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningBecause controllers have determined it is appropriate to use technology for particular ends, they have also provided an understanding of the outcomes created by their technology: the reasons they have for believing that the system is adequate to that purpose.
“In turn, because they have determined that it is appropriate to use technology for particular ends, a system's controllers have also provided an understanding of the outcomes created by their technology: the reasons they have for believing that the system is adequate to that purpose.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationLarge software development projects are more prone to failing both to produce outputs that meet the objectives of their customers and to produce outputs at all.
“Because software systems are developed without the process rigidities of other types of engineering work or the constraints of physical reality, large software development projects are more prone to failing both to produce outputs that meet the objectives of their customers and to produce outputs at all [22].”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [22]
Not checked in the free run.
Probably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenThe presence of such defects is a choice, not an inevitability.
“But the presence of such defects is a choice, not an inevitability.”
Quote in the paperNot a substantial claimMay combine two claims.
Premisenone givenIn domains where perfect foresight is impossible and outcomes are not foreseeable, such as medicine, practitioners are held to a standard of practice and are punished when their actions do not rise to a sufficient standard of care.
“In many domains where perfect foresight is impossible and where the outcomes from interventions are not foreseeable, such as medicine, we nonetheless hold practitioners to a standard of practice and are comfortable punishing practitioners when their actions do not rise to a sufficient standard of care.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim. May combine two claims.
PremisereasoningTesting measures the functionality of software both in the sense that it reveals defects and also in the sense that it verifies that the software acts according to its goals.
“Testing measures the functionality of software both in the sense that it reveals defects and also in the sense that it verifies that the software acts according to its goals.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningAny inability to describe how or why a particular advertisement was presented in a particular situation is merely a design choice, not an inevitability of the complexity of large systems.
“Any inability to describe how or why a particular advertisement was presented in a particular situation is merely a design choice, not an inevitability of the complexity of large systems.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing), S4 (based). May combine two claims.
InterpretationreasoningBecause iterative process focuses on iterative improvement of an early prototype, outcomes can be path dependent and it is common for only the most obvious requirements to be addressed, leaving little time for features which are important but only affect a small part of a system's user base.
“However, this flexibility comes at a cost: because the process focuses on iterative improvement of an early prototype, outcomes can be path dependent and it is common for only the most obvious requirements to be addressed, leaving little time for features which are important, but only affect a small part of a system's user base.”
Quote in the paperNot a substantial claimMay combine two claims.
Interpretationnone givenAgile software development can improve the speed at which functional software is delivered, but it does so by creating incentives to avoid thinking deeply about the consequences of technical requirements or engaging stakeholders outside the day-to-day development process.
“While agile software development can improve the speed at which functional software is delivered, it does so by creating incentives to avoid thinking deeply about the consequences of technical requirements or engaging stakeholders outside the day-today development process.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.
InterpretationreasoningEven here, systems can be designed to sidestep these limits and to support interrogation-inscrutability remains a choice that can be accommodated for in system design.
“But even here, systems can be designed to sidestep these limits and to support that interrogation-inscrutability remains a choice that can be accommodated for in system design.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenSystems can also be understood in terms of their inputs and outputs and the outcomes that result from their application in a particular context.
“Additionally, systems can also be understood in terms of their inputs and outputs and the outcomes that result from their application in a particular context.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based). May combine two claims.
Interpretationnone givenExplanations must speak to the decisions made during the design of a computer system, as such information is always available and always fulfils the key requirements of a meaningful explanation.
“We offer that explanations must speak to the decisions made during the design of a computer system, as such information is always available and always fulfils the key requirements of a meaningful explanation.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
Interpretationnone givenEven systems that are carefully designed can fail to capture important facts about the world.
“Even carefully designed systems can miss important facts about the world, and it is important to verify that systems are operating as intended and satisfying their articulated requirements.”
Quote in the paperSubstantial claimClassified as probably not a substantial claim.
InterpretationreasoningIf a system's specification properly reflects its requirements and design goals, then fidelity to that specification demonstrates fitness for purpose.
“If a system's specification properly reflects the system's requirements and design goals-that is, if the system is the result of proper requirements engineering-then fidelity to that specification demonstrates fitness for purpose.”
Quote in the paperSubstantial claimMay combine two claims.
InterpretationcitationAudits cannot, for technical reasons, ever guarantee that they will completely suss out the mechanisms of a computer system, but they can, in many cases, provide useful information about when a system is causing harm or when it is behaving in a way different from what is expected.
“While audits cannot, for technical reasons, ever guarantee that they will completely suss out the mechanisms of a computer system [15,16], they can, in many cases, provide useful information about when a system is causing harm or when it is behaving in a way different from what is expected.”
Quote in the paperSubstantial claim0 of 2 sources checked- cites [15]
Not checked in the free run.
- cites [16]
Not checked in the free run.
May combine two claims.
InterpretationreasoningTransparency neither requires nor is provided by open source or source availability alone.
“However, transparency neither requires nor is provided by either open source or source availability alone.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningFailing to make a system reproducible when it should be constitutes malpractice.
“Because the reproducibility of computer outputs is a design choice, we can again say that failing to make a system reproducible when it should be constitutes malpractice.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
InterpretationcitationSufficient transparency may simply mean disclosing the fact and scope of data processing in a computer system.
“To that end, sufficient transparency may simply mean disclosing the fact and scope of data processing in a computer system, as is required by the GDPR in the EU.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites GDPR
Not checked in the free run.
Probably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenExplicitly debiasing data risks inventing counterfactuals that are not supportable or testable during later validation phases.
“Ideally, bias is accounted for as assumptions are passed through a system; explicitly debiasing data risks inventing counterfactuals which are not supportable or testable during later validation phases.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).
Premisenone givenExamining group-level system outcomes is a cornerstone of quantitative evaluation for policy interventions of all kinds.
“Beyond individual decisions, examination of group-level system outcomes is a cornerstone of quantitative evaluation for policy interventions of all kinds.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningUnderstanding the design process that led to a software system helps elucidate the mechanisms by which the system operates, in turn providing insight into why particular outcomes or outputs were produced.
“Understanding the design process that led to a software system helps elucidate the mechanisms by which the system operates, in turn providing insight into why particular outcomes or outputs were produced.”
Quote in the paperNot a substantial claimMay combine two claims.
PremisecitationSimilar audits have turned up issues of bias reinforcement in systems that guide police to portions of a city to patrol, and in e-commerce platforms.
“Similar audits have turned up issues of bias reinforcement in systems that guide police to portions of a city to patrol [36], and in e-commerce platforms [35].”
Quote in the paperNot a substantial claim0 of 2 sources checkedProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningViewing computer system behaviours as uncontrollable ignores the fact that these systems are human artefacts, built to a purpose by some human agency that must be accountable for the behaviours of those artefacts.
“Viewing computer system behaviours as though they are uncontrollable ignores the fact that these systems are human artefacts, built to a purpose by some human agency that must be accountable for the behaviours of those artefacts.”
Quote in the paperNot a substantial claim- Rests on an assumption: Human agents who design, build, and field computer systems are accountable for the behaviours of those systems.
Probably not a substantial claim: may not pass S4 (based). May combine two claims.
InterpretationreasoningAll software is designed and built by people, and responsible organizations will create traces of their decision-making processes which provide insight into the meaning and function of the artefacts they produce.
“All software is designed and built by people, and responsible organizations will create traces of their decision-making processes which provide insight into the meaning and function of the artefacts they produce.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationreasoningIn turn, black arrestees find themselves systematically less able to mount a defence to the case against them, reinforcing historical and structural discrimination.
“In turn, black arrestees find themselves systematically less able to mount a defence to the case against them, reinforcing historical and structural discrimination.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
InterpretationreasoningThe extent to which particular details are or are not foreseeable may differ depending on the discipline and background of the viewer.
“The extent to which particular details are or are not foreseeable may differ depending on the discipline and background of the viewer.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenCalls for requiring explanations of computer system behaviour as a path to governing those systems often do not address the question of who is meant to receive what knowledge through the explanation.
“Yet, calls for requiring explanations of computer system behaviour as a path to governing those systems often do not address the question of who is meant to receive what knowledge through the explanation.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenMalpractice involves situations where bad outcomes could have been avoided by more responsible behaviour on the part of a system's controllers.
“Importantly, the mere fact of a mistake is insufficient to define malpractice; rather, malpractice involves situations where bad outcomes could have been avoided by more responsible behaviour on the part of a system's controllers.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims.
InterpretationreasoningExplanations must create understanding by humans of computer systems in context, though they are not on their own necessary or sufficient to create that understanding.
“In either case, explanations must create understanding by humans of computer systems in context, though they are not on their own necessary or sufficient to create that understanding.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Premisenone givenAny system is a model of the world.
“Any system is a model of the world, and too often the called-for explanation is only a description of that model.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable). May combine two claims.
InterpretationcitationGood explanations must not only explain why a behaviour occurred or why some other behaviour did not occur as a product of a system, but also capture and transmit the knowledge of the context underlying a system's mechanism of action as a process within a broad sociotechnical system.
“Good explanations must not only explain why a behaviour occurred or why some other behaviour did not occur as a product of a system, but also capture and transmit the knowledge of the context underlying a system's mechanism of action as a process within a broad sociotechnical system [30].”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [30]
Not checked in the free run.
Probably not a substantial claim: may not pass S3 (load-bearing).
Interpretationnone givenNot all computer systems are easily analysable.
“Of course, this does not mean that all computer systems are easily analysable.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
InterpretationreasoningOpen-source software strengthens transparency by combining source code disclosure with the ability to derive additional knowledge by recompiling or modifying the software.
“The concept of 'open-source' software, or software which has source code that is both freely available and permissively licensed, strengthens transparency by combining detailed source code disclosure with the ability to derive additional knowledge by recompiling or modifying the software.”
Quote in the paperSubstantial claimMay combine two claims.
InterpretationcitationBecause systems are designed to achieve particular ends, we cannot disentangle the environmental contributions to a particular behaviour from the designed mechanism-the mechanism must compensate for its environment if it correctly embodies its goals.
“Because systems are designed to achieve particular ends, we cannot disentangle the environmental contributions to a particular behaviour from the designed mechanism [31]-the mechanism must, after all, compensate for its environment if it correctly embodies its goals.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [31] source
Not checked in the free run.
Probably not a substantial claim: may not pass S2 (checkable). May combine two claims.
InterpretationreasoningNo artefact is properly comprehended without reference to its human context, and software systems are no different.
“No artefact is properly comprehended without reference to its human context, and software systems are no different.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing).
PremisecitationThe theoretical potential for discrimination in automated systems is well established.
“The theoretical potential for discrimination in automated systems is well established [15,41,42].”
Quote in the paperNot a substantial claim0 of 3 sources checked- cites [15]
Not checked in the free run.
- cites [41]
Not checked in the free run.
- cites [42]
Not checked in the free run.
Probably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenIt can be difficult to understand at the design stage how a system will interact with the world.
“Additionally, it can be difficult to understand at the design stage how a system will interact with the world.”
Quote in the paperNot a substantial claimClassified as probably not a substantial claim.
InterpretationcitationFidelity to a system's specification is one aspect of determining whether that system is correct.
“Fidelity to a system's specification is one aspect of determining whether that system is correct, although we might also demand that the specification itself satisfy design goals or relate properly to the real world [16].”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [16]
Not checked in the free run.
Probably not a substantial claim: may not pass S2 (checkable), S4 (based).
Premisenone givenDesign efforts that chose a tool as right for a context exist at least informally for all systems.
“The design efforts that chose that tool as the right one for that context-and such efforts exist at least at an informal level for all systems-explain who believes that tool is the proper one and why it is correct to make use of it.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningGood explanations require careful consideration of who receives the explanation and what facts those people must extract from it.
“While these technologies promise much in the way of making systems more trustworthy, good explanations require careful consideration of who receives the explanation and what facts those people must extract from the explanations.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing).
InterpretationreasoningIn other cases, an unrelated justification of the result or a general description of how it was reached is sufficient.
“In other cases, as with human decision-makers, it is sufficient to produce an unrelated justification of the result or a general description of how it was reached.”
Quote in the paperNot a substantial claimMay combine two claims.
InterpretationcitationDisclosure of source code or data is neither necessary nor sufficient for improving understanding of a system.
“While transparency is often taken to mean the disclosure of source code or data, possibly to a trusted entity such as a regulator, this is neither necessary nor sufficient for improving understanding of a system [15], and it does not capture the full meaning of transparency (though transparency is often equated with disclosure of system internals in technical communities and scholarship).”
Quote in the paperSubstantial claim0 of 1 sources checked- cites [15]
Not checked in the free run.
Classified as probably not a substantial claim.
InterpretationreasoningThe choice of task can dispel inscrutability by focusing analysis on the sociotechnical system involving humans and their tools.
“The choice of this task can also dispel inscrutability, as it takes the focus off of possibly complex software systems and puts it on the sociotechnical system involving humans and their tools, concentrating analysis on where trustworthiness is necessary.”
Quote in the paperSubstantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
InterpretationreasoningImpact assessments help the controllers of a system understand how to set their goals, or how to achieve their goals in light of the world as it is.
“Further, they help the controllers of a system understand how to set their goals, or how to achieve their goals in light of the world as it is.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenEven well-designed systems may in some cases err or cause negative outcomes for their subjects.
“For example, even well-designed systems following the pattern above may in some cases err or cause negative outcomes for their subjects.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S4 (based).
Interpretationnone givenThe validation of non-causal reasoning systems is limited by their lack of undergirding mechanism and the extent to which their constructs are valid.
“Non-causal reasoning is possible, but the way in which such systems can be validated is limited by their lack of undergirding mechanism and the extent to which their constructs are valid.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based). May combine two claims.
Interpretationnone givenInformation about the design process almost always exists and can improve understanding of a computer system, but such information generally is not available to the people who need it for review.
“While information about the design process almost always exists and can improve understanding of a computer system, such information generally is not available to the people who need it for review.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S4 (based).
Interpretationnone givenIn some cases, a mechanistic description of how a system computed a particular output sufficiently explains that output.
“In some cases, a mechanistic description of how a system computed a particular output will sufficiently explain that output.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningImpact assessment processes are useful tools for governing systems when precise consequences are not readily foreseeable.
“Several scholars propose the use of an impact assessment process to aid in governing those systems [17][18][19]33], and assessments can even be legally required, as in Article 35 of the General Data Protection Regulation (GDPR) in Europe.”
Quote in the paperNot a substantial claim0 of 1 sources checked- cites [17][18][19]33]
Not checked in the free run.
Probably not a substantial claim: may not pass S2 (checkable).
InterpretationreasoningComputer system behaviours should not be held to a 'best-effort' standard because they are unforeseeable.
“We further reject that computer system behaviours should be held to a 'best-effort' standard because they are unforeseeable.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S3 (load-bearing). May combine two claims.
PremisecitationIn safety-critical applications, software systems are presented together with assurance cases, documents that are meant to convince a sceptical expert that the system operates as intended, and which detail the steps taken to assure fidelity of the system to its stated goals.
“In safety-critical applications, software systems are presented together with assurance cases, documents that are meant to convince a sceptical expert that the system operates as intended, and which detail the steps taken to assure fidelity of the system to its stated goals [28,29].”
Quote in the paperNot a substantial claim0 of 2 sources checked- cites [28]
Not checked in the free run.
- cites [29]
Not checked in the free run.
Probably not a substantial claim: may not pass S2 (checkable), S4 (based).
InterpretationreasoningFailure to understand why relationships exist between data elements risks designing systems that codify existing unfairness and reinforce problematic power dynamics.
“Failure to understand why relationships exist between data elements risks designing systems which codify existing unfairness and which reinforce problematic power dynamics.”
Quote in the paperNot a substantial claimProbably not a substantial claim: may not pass S2 (checkable), S3 (load-bearing), S4 (based).
Interpretationnone givenInscrutability is a difficult problem in practice, in no small part because software systems have become incredibly powerful.
“Inscrutability is a difficult problem in practice, in no small part because software systems have become incredibly powerful.”
Quote in the paperNot a substantial claim
The paper relies on this without support.
Human agents who design, build, and field computer systems are accountable for the behaviours of those systems.
“built to a purpose by some human agency that must be accountable for the behaviours of those artefacts.”
“Responsibility and ethics attach not to the specifics of a technical tool, but rather to the ways that tool is used in a sociotechnical context, which are always considered when tools are created.”
The paper relies on this without support.
Interventions to protect users or subjects of computer systems should engage power relationships between controllers and affected parties.
“Interventions that aim to protect the subjects or users of a computer system must therefore engage these power relationships.”
Claims other papers make about this one
Each is checked against this paper’s own text: does it say what the citing paper says it does?
It is not impossible to close the gap between principles and practice if the right questions are asked and closer attention is paid to how the design process can influence whether an algorithm is more or less 'ethically-aligned.'
“Yet, it is not impossible if the right questions are asked (Green 2018; Wachter et al. 2017) and closer attention is payed to how the design process can influence (Kroll 2018) whether an algorithm is more or less ‘ethically-aligned.’”
From From What to How: An Initial Review of Publicly Available AI Ethics Tools, Methods and Research to Translate Principles into Practices (2020) · cites this paper as Kroll 2018
The thesis that the understanding and transparency of algorithmic-assisted decision-making is limited by the inscrutability of the machine learning models and their algorithms is criticizable.
“As showed by Kroll (2018), the thesis that the understanding and transparency of algorithmic-assisted decision-making is limited by the inscrutability of the machine learning models and their algorithms (i.e. the fact that they are opaque or “black boxes”) is criticizable.”
From Transparency as design publicity: explaining and justifying inscrutable algorithms (2021) · cites this paper as Kroll (2018)
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“To achieve this level of trans-parency, accountability or explicability, it is essential that those analysing a system are able to “understand what it was designed to do, how it was designed to do that, and why it was designed in that particular way instead of some other way” (Kroll 2018).”
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- Authors
- Kroll, J. A.
- Affiliations
- University of California, Berkeley (US)
- Corresponding author
- Kroll, Joshua A.
- ORCID
- Kroll, Joshua A.
- Venue
- Philosophical Transactions of the Royal Society A: Mathematical, Physical and Engineering Sciences
- Publisher
- The Royal Society
- Published
- 2018-10-15
- Volume
- 376
- Issue
- 2133
- Pages
- 20180084
- ISSN
- 1364-503X (ISSN-L)
- 1471-2962
- PMC
- PMC6191668
- OpenAlex
- W2897439270
- Semantic Scholar
- 95362d732fa70608c2640336d17ac8ff0895e10a
- Cited by
- 132
- References
- 53
- Citations by year
- 2026: 9 · 2025: 13 · 2024: 15 · 2023: 22 · 2022: 27 · 2021: 19 · 2020: 17 · 2019: 8 · 2018: 2
- FWCI
- 22.85
- Type
- journal article
- Language
- en
- Open access
- bronze
- doi.org
- Locations
- Philosophical Transactions of the Royal Society A Mathematical Physical and Engineering Sciences (publishedVersion)
- Europe PMC (PubMed Central) (publishedVersion)
- PubMed Central (publishedVersion)
- PubMed (publishedVersion)
- eScholarship (California Digital Library) (submittedVersion)
- Funders
- Berkeley Center for Law and Technology
- Topics
- Social Sciences › Safety Research › Ethics and Social Impacts of AI
- Physical Sciences › Computer Science › Artificial Intelligence › Explainable Artificial Intelligence (XAI)
- Social Sciences › Law › Digitalization, Law, and Regulation
- Keywords
- algorithmic opacity, algorithmic governance, algorithmic accountability, computer ethics, privacy by design, algorithmic transparency, algorithmic decision-making
About these checks
Registry, retraction, Cites and statistics results are computed, not judged, with one exception: a printed reference that no index lists is read once by a model before it counts as a citation error. Claims are extracted by a model and kept only when their quote appears verbatim in the text; each cited source is then checked, with a model’s help, for whether it says what the claim relies on. Those verdicts can be wrong — read the claim’s quote and the cited source before relying on one.
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