The American Civil Liberties Union (ACLU) has raised significant concerns about the growing use of artificial intelligence (AI) technologies by police departments across the United States. According to the ACLU's recent white paper, published on December 10, the integration of tools like Draft One—an AI program created by Axon—is seen as not just innovative but potentially detrimental to civil liberties and the integrity of the justice system.
Draft One uses generative AI technology, relying on the capabilities of OpenAI's GPT-4 model, to assist officers by transcribing body camera footage and producing draft reports. Several police forces have recently begun experimenting with such technologies as budget constraints mount, with claims from some departments highlighting the efficiency of automated report generation.
Critics, including experts cited by the ACLU, underline the importance of accuracy and reliability within police reports. Andrew Guthrie Ferguson, a law professor, points to the role these reports play throughout the judicial process—from investigations to sentencing. He described them as foundational documents upon which much of the justice system relies, stating, "The forcing function of writing out a justification and publicizing the record to other legal professionals is a check on police power." This showcases the risk of reducing such important tasks to algorithms.
Among the four principal concerns addressed by the ACLU, the first is the potential for biases inherent within AI systems. AI models are notorious for their idiosyncrasies, often yielding inconsistent outputs or even fabrications—referred to as "hallucinations"—that could jeopardize factual accuracy. The ACLU warns, "AI is quirky and unreliable and prone to making up facts... [and] is also biased," which can have dire consequences when such decisions affect legal outcomes.
Secondly, the ACLU emphasizes the necessity of capturing officers' memories of incidents prior to the creation of any AI-generated reports. The concern lies with the risk of AI narratives tainting or overshadowing human memory, which can lead to the omission of key experiences. Such issues raise the question of accountability if officers are allowed to rely solely on AI outputs rather than their own corroboration of events.
Transparency is another significant concern raised by the civil rights organization. The public deserves clarity about how the AI systems function and their decision-making processes. According to the ACLU, "Defendants in criminal cases need to be able to interrogate the evidence, yet much of the operation of these systems remains mysterious." The lack of accessibility to this information not only complicates legal proceedings but also diminishes public trust.
The fourth point pertains to accountability. With the growing use of AI tools like Draft One, there's skepticism over whether officers would still be held to the same level of scrutiny concerning their discretionary powers. The concern arises as AI-generated reports could serve as defense mechanisms for officers who may alter facts to suit their beneficial narrative.
Despite such backlash, many tech leaders are pushing forward with plans to integrate AI within law enforcement and military applications. This highlights the growing divergence between technological advancements and the recommended safeguards by civil liberties groups. The ACLU argues vehemently against the notion of embedding AI directly within police reporting processes, urging law enforcement to rely on human oversight.
The organization firmly states, "AI report-writing technology removes important human elements from police procedures and is too new, too untested, too unreliable, too opaque, and too biased to be inserted effectively and ethically within our criminal justice system." This rejection of AI as it stands today encapsulates the serious ethical debate surrounding technology's role within policing.
With the increasing scrutiny surrounding this matter, it remains to be seen how police departments will adapt their strategies. Will they heed the caution of the ACLU and prioritize human elements over dubious AI technologies? Or will we continue to witness the troubling rise of machines dictifying narratives where human experience should prevail? The consequences of these developments will undoubtedly reverberate throughout the fabric of American society and its justice system.
