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18 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | S P R I N G 2 0 2 4 Mitigating Strategies Against Coded Biases Confronting the multifaceted challenges posed by coded biases in AI systems demands a strategic and comprehensive approach. These endeavors are crucial for fostering an environment where AI serves as a tool for inclusion rather than an instrument of inequality. While this is still a new arena to navigate, there are specific strategies and concepts we can adopt from other industries to develop frameworks for mitigation. • Developing Legal Frameworks: One pivotal strategy includes pushing for legislation that mandates transparency in AI operations, ensuring algorithms can be audited and scrutinized for potential biases. Furthermore, such frameworks should require the implementation of fairness assessments during the development phase of AI technologies—evaluating how these systems impact various demographics to identify and remedy biased outcomes preemptively. • Educational Initiatives: Addressing coded bias requires a concerted effort towards education—not just among technologists but across society. We can lead in raising awareness about the impact of biased algorithms through workshops, seminars, and publications targeted at industry practitioners and the public. By demystifying complex concepts related to algorithmic fairness, they empower individuals with knowledge essential for critical engagement with technology. As Dr. Joy Buolamwini mentions in her book Unmasking AI, "The moral outsourcing of hard decisions to machines does not solve the underlying social dilemmas." Therefore, the change needs to be at a societal level and not just a technological one. • Promoting Diversity within Tech Teams: Advocacy efforts can also extend to promoting diversity within teams responsible for developing AI technologies. Legal experts understand the value of diverse perspectives in identifying potential biases that might otherwise go unnoticed. Encouraging organizations to prioritize inclusivity in hiring practices contributes to more equitable technology outcomes and fosters innovation through varied viewpoints. • Fostering Interdisciplinary Collaboration: The complexity surrounding coded bias necessitates a multidisciplinary approach, bringing together expertise from legal, technological, ethical, and social science fields. Legal professionals can lead efforts to foster collaborative environments where diverse perspectives converge to address bias comprehensively. Such interdisciplinary dialogues enrich understanding across domains, leading to more holistic solutions that account for technical feasibility and ethical desirability. • Guiding Ethical Innovation: The goal is not merely to mitigate harms associated with coded biases but also to guide innovation toward outcomes that enhance societal well-being inclusively. Legal professionals are uniquely positioned to proactively influence how principles of fairness and justice are integrated into technological development processes rather than reactively correcting missteps after deployment. Conclusion Legal professionals play an essential role in the intricate dance between innovation and regulation within artificial intelligence. They stand at the confluence of technology and society, wielding their expertise to ensure that as we F E A T U R E S

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