Solutions to fix algorithmic bias could collide with law. Two scholars propose a solution. Proposed solutions to fix algorithmic bias could conflict with Supreme Court rulings on equal protection, legal scholars note. As AI and predictive algorithms permeate ever more areas of decision making, from setting bail to evaluating job applications to making home loans, what happens when an algorithm arbitrarily discriminates against women, African-Americans, or other groups? It happens all the time.

Various groups of ascertainable individuals have been granted the status of "persons" under American law, while that status has been denied to other groups. This article examines various analogies that might be drawn by courts in deciding whether to extend "person" status to intelligent machines, and the limitations that might be placed upon such recognition. As an alternative analysis, this article questions the legal status of various human/machine interfaces, and notes the difficulty in establishing an absolute point beyond which legal recognition will not extend.