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Benefits Systems

Government AI Standard of Care

AI in Government: Constitutional Dimensions of Algorithmic Decision-Making # Government agencies at all levels increasingly rely on algorithmic systems to make or inform decisions affecting citizens’ fundamental rights and benefits. From unemployment fraud detection to child welfare screening, from criminal sentencing to immigration processing, AI tools now shape millions of government decisions annually. Unlike private sector AI disputes centered on contract or tort law, government AI raises unique constitutional dimensions: due process requirements for decisions affecting liberty and property interests, equal protection prohibitions on discriminatory algorithms, and Section 1983 liability for officials who violate constitutional rights.