Algorithmic audits of algorithms, and the law
Not on the map. Why?
Abstract (arXiv)
Algorithmic decision making is now widespread, ranging from health care allocation to more common actions such as recommendation or information ranking. The aim to audit these algorithms has grown alongside. In this paper, we focus on external audits that are conducted by interacting with the user side of the target algorithm, hence considered as a black box. Yet, the legal framework in which these audits take place is mostly ambiguous to researchers developing them: on the one hand, the legal value of the audit outcome is uncertain; on the other hand the auditors' rights and obligations are unclear. The contribution of this paper is to articulate two canonical audit forms to law, to shed light on these aspects: 1) the first audit form (we coin the Bobby audit form) checks a predicate against the algorithm, while the second (Sherlock) is more loose and opens up to multiple investigations. We find that: Bobby audits are more amenable to prosecution, yet are delicate as operating on real user data. This can lead to reject by a court (notion of admissibility). Sherlock audits craft data for their operation, most notably to build surrogates of the audited algorithm. It is mostly used for acts for whistleblowing, as even if accepted as a proof, the evidential value will be low in practice. 2) these two forms require the prior respect of a proper right to audit, granted by law or by the platform being audited; otherwise the auditor will be also prone to prosecutions regardless of the audit outcome. This article thus highlights the relation of current audits with law, in order to structure the growing field of algorithm auditing.
Key facts. Cited by 9 papers in the map (data through 14 Oct 2026). Builds on 14 of its 41 references that are in the map. First posted on arXiv 15 Feb 2022.
Builds on
14 of 41 references.
References · 14
- 2016"Why Should I Trust You?": Explaining the Predictions of Any Classifiercited by 5,070
- 2014Certifying and removing disparate impactcited by 715
- 2018Turning Your Weakness Into a Strength: Watermarking Deep Neural Networks by Backdooringcited by 357
- 2019Artificial Intelligence: the global landscape of ethics guidelinescited by 107
- 2019Fairwashing: the risk of rationalizationcited by 81
- 2020SurFree: a fast surrogate-free black-box attackcited by 60
- 2019Auditing Radicalization Pathways on YouTubecited by 53
- 2021Algorithmic Amplification of Politics on Twittercited by 38
- 2020FairLens: Auditing Black-box Clinical Decision Support Systemscited by 23
- 2021Back in Black: A Comparative Evaluation of Recent State-Of-The-Art Black-Box Attackscited by 16
- 2019Do Cookie Banners Respect my Choice? Measuring Legal Compliance of Banners from IAB Europe's Transparency and Consent Frameworkcited by 9
- 2019Auditing News Curation Systems: A Case Study Examining Algorithmic and Editorial Logic in Apple Newscited by 5
Built on by
Citing papers per year: 2022: 1; 2023: 0; 2024: 3; 2025: 3; 2026: 2.
9 papers.
- 2022A Comprehensive Survey on Trustworthy Recommender Systemscited by 32
- 2024Auditing of AI: Legal, Ethical and Technical Approachescited by 10
- 2025Exposing the Illusion of Fairness: Auditing Vulnerabilities to Distributional Manipulation Attackscited by 4
- 2024Fairness Auditing with Multi-Agent Collaborationcited by 2
- 2024Outlier Detection Bias Busted: Understanding Sources of Algorithmic Bias through Data-centric Factorscited by 2
- 2025P2NIA: Privacy-Preserving Non-Iterative Auditingcited by 2
- 2026Auditing Fairness under Model Updates: Fundamental Complexity and Property-Preserving Updatescited by 1
- 2025The Fair Game: Auditing & Debiasing AI Algorithms Over Timecited by 0
- 2026Algorithmic Administration and the EU AI Act: Legal Principles for Public Sector Use of AIcited by 0
- 2026Algorithmic Administration and the EU AI Act: Legal Principles for Public Sector Use of AI24 Mar 2026
- 2026Auditing Fairness under Model Updates: Fundamental Complexity and Property-Preserving Updates9 Jan 2026
- 2025The Fair Game: Auditing & Debiasing AI Algorithms Over Time8 Aug 2025
- 2025Exposing the Illusion of Fairness: Auditing Vulnerabilities to Distributional Manipulation Attacks28 Jul 2025
- 2025P2NIA: Privacy-Preserving Non-Iterative Auditing1 Apr 2025
- 2024Outlier Detection Bias Busted: Understanding Sources of Algorithmic Bias through Data-centric Factors24 Aug 2024
- 2024Auditing of AI: Legal, Ethical and Technical Approaches7 Jul 2024
- 2024Fairness Auditing with Multi-Agent Collaboration13 Feb 2024
- 2022A Comprehensive Survey on Trustworthy Recommender Systems21 Sep 2022