Cornell Law Review

Article

The Paradox of Source Code Secrecy

Sonia K. Katyal, Haas Distinguished Chair and Chancellor’s Professor of Law, University of California at Berkeley.

Today, the government relies on machine learning and AI in predictive policing analysis, family court delinquency proceedings, parole decisions, and DNA and forensic science techniques, among other areas, producing a fundamental conflict between civil rights and automated decisionmaking. Ground zero for this conflict, I argue, has become the murky, messy intersection between software, trade secrecy, and public governance. In many…

Jul 2019