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Touro Law Review

Touro Law Review

Abstract

With governmental use of artificial intelligence (“AI”) becoming more prevalent, Americans are at risk of being subjected to the factual and legal findings of ill-equipped AI systems. The possibility of an AI takeover of the judicial branch is an undesirable reality to some individuals who are challenging laws and government programs which utilize AI systems to enforce traffic code violations. This Article considers the procedural fairness, privacy rights, and effectiveness of the various uses of AI systems in traffic code enforcement. By undertaking a thorough review of New York case law, this Article also analyzes the treatment of AI systems in different modes of traffic code enforcement. Based on the current trend of the United States Supreme Court to consult the views of the Founding Fathers on controversial matters of nationwide importance, this Article further considers the ethical, moral, and legal aspects of having an AI-controlled adjudicator as understood by the constitutional framers. Ultimately, this Article concludes by finding that the New York school bus stop-arm camera safety program (Vehicle Traffic Law (“VTL”) § 1174-a) is constitutional and passes muster under rational basis review, and that the framers would not likely endorse the prevalent use of AI within the judicial branch.

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