Weeellllll the problem is that there have been a number of cases where technologists have given somebody an AI product and said, “here, this is good for you, use it” and it turned out to be bad for someone but hard to prove.
Sort of like if someone said, “Here’s a blanket, enjoy it!” Except that most of blankets turn out to be infected with measles. Most people wouldn’t notice because they are vaccinated against measles, and it’s a nice warm, snuggly blanket. But for the cohort of Americans born in 1963-1967 who got the inactivated measles virus, they are susceptible to the virus*. Imagine some small fraction of that cohort got measles from the blankets, with pretty bad consequences. It would be really hard to prove that the blankets were the problem, it would only harm a minority (the 63-67 cohort), and there would be resistance from people who really liked the blankets and had been using them for years with no ill effects.
If the blanket manufacturer said, “Well, you shouldn’t have been putting the blankets near your mouth and face and hands” or even “well, people born in 1963-67 shouldn’t have bought the blankets” wouldn’t absolve them of blame (especially if they had a monopoly on blankets" or “blankets don’t kill people, people using blankets kill themselves”. The manufacturer did not warn of measles,and the normal method of use turned out to be highly dangerous for some minority.
Now, this is a made-up example, but a lot of the examples given in class today are direct analogues. If a company says, “here’s an algorithm you can use to figure out if you should grant bail or parole, have fun”, and it discriminates against African-Americans, that’s pretty clear harm to African-Americans… but it’s hard to prove that it is discriminatory, it only harms a minority, and there would be resistance from judges and parole boards who really liked not having to think about bail and parole decisions (and had been using the AI for years with no ill effects to themselves).
*While the blankets are a made-up example, the susceptibility of the 1963-67 cohort is completely true, although many in that cohort do not realize it. That susceptibility is why there were such awful measles outbreaks on university campuses in ~1986, and why essentially all universities now insist on proof of measles vaccinations before allowing you to enroll.