Children should be considered vulnerable group within AI Governance

In an op-ed for Tech Policy Press, lawyer Basia Walczak argues that current efforts to protect children from digital harms rely too heavily on age-based restrictions and access gates. While policymakers are increasingly focused on shielding minors from social media, Walczak suggests that these measures overlook the fundamental ways in which artificial intelligence (AI) systems are designed and deployed. The focus on access rather than infrastructure risks ignoring how AI may inadvertently harm children, even without malicious intent.

In the article, Walczak proposes using the legal doctrine of disparate impact as a framework for AI governance. Traditionally used in anti-discrimination law, this analysis identifies neutral practices that result in disproportionate harm to specific groups. Although scholars have applied this lens to race and gender in algorithmic discrimination, Walczak highlights that children have not yet been sufficiently considered as a structurally vulnerable group. 

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