Mitigating Liability with XAI: The Case for Standardization Stanford Law School

The legal value of XAI can be significant, especially (though by no means exclusively) in mitigating developer and end-user liability.¹ Though it is somewhat early to presume that the perfect information model introduced in The Role of Explainable AI (XAI) in Regulating AI Behavior: Delivery of "Perfect Information"can be viewed as a mature standard, the model does possess the necessary proto qualities and can be reasonably viewed as a proto standard. Therefore, a properly developed XAI is one that possesses, at a minimum, all the attributes of perfect information. And once that parameter is fixed, the XAI is deemed properly developed and ready to provide a variety of risk mitigation benefits. One example of how this can work is in dispositive-centric efforts, including in crafting safe harbors.