Abstract

Abstract Among our mundane and technical concepts, machine learning is currently one of the most important and widely used, but least understood. To date, legal scholars have conducted comparatively little work on its cognate concepts. This article critically examines the use of machine learning technologies to suppress or block access to al-Qaida and IS-inspired propaganda. It will: (i) demonstrate that, insofar as law and policy dictate that machine learning systems comply with desired constitutional norms, automated-decision making systems are not as effective as critics would like; (ii) emphasize that, under the current envisaged ‘proactive’ role of networking sites, equating radical and extreme ideas and ideology with ‘violence’ is a practical reality; and (iii) outline a workable strategy for cross-border legal and technical counterterrorism that satisfies the requirements for algorithmic fairness.

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