The Case Against Explainability
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Abstract (arXiv)
As artificial intelligence (AI) becomes more prevalent there is a growing demand from regulators to accompany decisions made by such systems with explanations. However, a persistent gap exists between the need to execute a meaningful right to explanation vs. the ability of Machine Learning systems to deliver on such a legal requirement. The regulatory appeal towards "a right to explanation" of AI systems can be attributed to the significant role of explanations, part of the notion called reason-giving, in law. Therefore, in this work we examine reason-giving's purposes in law to analyze whether reasons provided by end-user Explainability can adequately fulfill them. We find that reason-giving's legal purposes include: (a) making a better and more just decision, (b) facilitating due-process, (c) authenticating human agency, and (d) enhancing the decision makers' authority. Using this methodology, we demonstrate end-user Explainabilty's inadequacy to fulfil reason-giving's role in law, given reason-giving's functions rely on its impact over a human decision maker. Thus, end-user Explainability fails, or is unsuitable, to fulfil the first, second and third legal function. In contrast we find that end-user Explainability excels in the fourth function, a quality which raises serious risks considering recent end-user Explainability research trends, Large Language Models' capabilities, and the ability to manipulate end-users by both humans and machines. Hence, we suggest that in some cases the right to explanation of AI systems could bring more harm than good to end users. Accordingly, this study carries some important policy ramifications, as it calls upon regulators and Machine Learning practitioners to reconsider the widespread pursuit of end-user Explainability and a right to explanation of AI systems.
Key facts. Cited by 2 papers in the map (data through 14 Oct 2026). Builds on 19 of its 77 references that are in the map. First posted on arXiv 20 May 2023.
Builds on
19 of 77 references.
References · 19
- 2016"Why Should I Trust You?": Explaining the Predictions of Any Classifiercited by 5,070
- 2023Sparks of Artificial General Intelligence: Early experiments with GPT-4cited by 2,592
- 2019Explainable Artificial Intelligence (XAI): Concepts, Taxonomies, Opportunities and Challenges toward Responsible AIcited by 1,552
- 2023Language Models Don't Always Say What They Think: Unfaithful Explanations in Chain-of-Thought Promptingcited by 1,122
- 2017Counterfactual Explanations without Opening the Black Box: Automated Decisions and the GDPRcited by 1,089
- 2018A Survey Of Methods For Explaining Black Box Modelscited by 973
- 2016Stealing Machine Learning Models via Prediction APIscited by 619
- 2019Explaining Machine Learning Classifiers through Diverse Counterfactual Explanationscited by 614
- 2016European Union regulations on algorithmic decision-making and a "right to explanation"cited by 344
- 2019Explainable Machine Learning in Deploymentcited by 211
- 2020Formalizing Trust in Artificial Intelligence: Prerequisites, Causes and Goals of Human Trust in AIcited by 167
- 2018Explaining Explanations in AIcited by 137
7 more
- 2021What Do We Want From Explainable Artificial Intelligence (XAI)? -- A Stakeholder Perspective on XAI and a Conceptual Model Guiding Interdisciplinary XAI Researchcited by 119
- 2018Model Reconstruction from Model Explanationscited by 86
- 2017Explainable AI: Beware of Inmates Running the Asylum Or: How I Learnt to Stop Worrying and Love the Social and Behavioural Sciencescited by 85
- 2022Post-Hoc Explanations Fail to Achieve their Purpose in Adversarial Contextscited by 53
- 2018Interpretable to Whom? A Role-based Model for Analyzing Interpretable Machine Learning Systemscited by 48
- 2020A systematic review and taxonomy of explanations in decision support and recommender systemscited by 45
- 2021Explainability Pitfalls: Beyond Dark Patterns in Explainable AIcited by 36
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