Alicia Solow-Niederman (George Washington U Law) has posted “Clickwrap Accountability” (95 Fordham L. Rev. (forthcoming 2026)) on SSRN. Here is the abstract:
Picture a public-facing generative AI chatbot on a government website that can answer questions about benefits eligibility. Systems like these expose a sociotechnical-legal divide: they route around the standard due process framework, because there has been no formal government determination, yet they induce reliance from users, above and beyond past rounds of automated legal guidance. Moreover, if there is an error, current doctrine on government errors and equitable estoppel makes relief unlikely.