(and no amount of handwaving makes that go away)
Discrimination in Europe is not up for debate. Article 6 of the Treaty on European Union founds the EU on common principles of liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law. Title 3 of the Charter of Fundamental Rights fills in these principle: Everyone is equal before the law (Article 20), and so discrimination on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, as well as nationality within the scope of application of the Treaty establishing the European Community and of the Treaty on European Union, is prohibited (Article 21). This fundamental moral and legal consensus against discrimination has led the European Commission to issue several directives to protect your rights. For instance, Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, which states:
The right to equality before the law and protection against discrimination for all persons constitutes a universal right recognised by the Universal Declaration of Human Rights, the United Nations Convention on the Elimination of all forms of Discrimination Against Women, the International Convention on the Elimination of all forms of Racial Discrimination and the United Nations Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights and by the European Convention for the Protection of Human Rights and Fundamental Freedoms, to which all Member States are signatories.
As the EU's politically independent executive arm, the European Commission is supposed to protect your interests and enforce EU law by protecting you against discrimination. Yet it's the Commission itself that decided the EU would fund iBorderCtrl to the tune of €4,501,877. iBorderCtrl is an automated border security system currently being tested at EU borders. It involves subjecting non-EU citizens to biometric identification and “lie detection” AI—among other Orwellian components—that make automated discrimination likely.
In “Rise of the racist robots – how AI is learning all our worst impulses," (The Guardian, 8 Aug. 2017), Stephen Buranyi summarizes a collection of recent, well-publicized instances in which AI created rather than eliminating bias:
Programs developed by companies at the forefront of AI research have resulted in a string of errors that look uncannily like the darker biases of humanity: a Google image recognition program labelled the faces of several black people as gorillas; a LinkedIn advertising program showed a preference for male names in searches, and a Microsoft chatbot called Tay spent a day learning from Twitter and began spouting antisemitic messages.
But don't worry, says the iBorderCtrl consortium. There are no possible real-world consequences for subjects in their AI's test run! Because the tests are “encapsulated”! And AI could eliminate bias!
Stop. It is unclear what this encapsulation consists of, how it works, or why—as the consortium asserts—it would keep the system from causing problems for people using it in the real world. At best, the tool's developers seem to be unaware of the risks such a project entails. Because even under the best conditions and with good intentions on all sides, an AI decision-making support tool like iBorderCtrl is vulnerable to making prejudiced decisions look neutral and scientific by hiding bias in various ways. And this lack of awareness is a very serious problem in and of itself, because it suggests the researchers are not set up to identify possible bias.
The iBorderCtrl system contains a Do-It-Yourself “lie detector” where the traveller talks to an avatar on his/her own screen while secretive machine-learning AI in some server rack looks at the facial expressions through the subject's own camera to see if he/she is lying. Is that even real? In this blog post, dr. Vera Wilde examines some of the claims in detail.
The iBorderCtrl consortium (led by European Dynamics) repeatedly talks about how their ADDS/Silent Talker “lie detector” component is using micro-expressions to detect deception, even going so far as to claim that their system will identify and classify people based on “biomarkers of deceit.” But that claim is (grossly) insufficiently evidence-based. And because it is such a central claim, it is really a big red flag indicating that iBorderCtrl is engaging in pseudoscience for profit.
Just to be clear: there is absolutely no scientific basis for the assertion that unique “biomarkers of deceit” exist, or are about to be discovered after centuries of fruitless pursuit. Rather, the solid scientific consensus on physiological deception detection is that we can't do it. “Lie detection” doesn't exist, because there is no unique lie response to detect.