Closed-Loop View of the Regulation of AI: Equal Impact across Repeated Interactions

There has been considerable interest in the regulation of artificial intelligence (AI), recently. It is increasingly recognized that so-called high-risk applications of AI, such as in Human Resources, Retail Banking, or within public schools, be it admissions or assessment, cannot be served by black-box AI systems with no human control. It is not clear [10], however, how to phrase even the desiderata for the regulation of AI. Here, we suggest that the desiderata could be the same as in the Civil Rights Act of 1964 and much of the subsequent civil-right legislation world-wide: equal treatment and equal impact. At the same time, we point out that these desiderata could be in conflict [34]. Let us illustrate the conflict on an example of a system that performs credit-risk estimate in a consumer-credit company.