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Legal Barriers To Interpretable Machine Learning

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Machine learning scrutiny in criminal cases runs into four concrete legal barriers: trade secret claims that let developers withhold source code, training data, or manuals instead of using protective orders; statutory privacy asymmetries that allow law enforcement but not defense subpoenas (contrasted by the SpoofCard disclosure that exonerates a jailed man via SpoofCard records); a deference-heavy law enforcement evidentiary privilege that keeps methods secret; and licensing/contracts that have refused research licenses for DNA/software testing. Recent state laws and litigation narrow some of these gaps.

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  1. 0:00Start
  2. 0:10Rebecca Wexler
  3. 1:53What Is the Adversarial Criminal Legal System
  4. 6:55Trade Secret Law
  5. 10:14Privacy
  6. 14:14Privacy Asymmetries
  7. 18:11The Law Enforcement Evidentiary Privilege
  8. 21:30Judith Koplin
  9. 22:50Contract Law
  10. 25:34Legal Definition of Relevance
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