Congress is trying to stop discriminatory algorithms again

Photo by Amelia Holowaty Krales / The VergeUS policymakers hope to require online platforms to disclose information about their algorithms and allow the government to intervene if these are found to discriminate based on criteria like race or gender....

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Jul 13, 2023 - 21:02
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Congress is trying to stop discriminatory algorithms again

US policymakers hope to require online platforms to disclose information about their algorithms and allow the government to intervene if these are found to discriminate based on criteria like race or gender. 

Sen. Edward Markey (D-MA) and Rep. Doris Matsui (D-CA) reintroduced the Algorithmic Justice and Online Platform Transparency Act, which aims to ban the use of discriminatory or “harmful” automated decision-making. It would also establish safety standards, require platforms to provide a plain language explanation of algorithms used by websites, publish annual reports on content moderation practices, and create a governmental task force to investigate discriminatory algorithmic processes. 

The bill applies to “online platforms” or any commercial, public-facing website or app that “provides a community forum for user-generated content.” This can include social media sites, content aggregation services, or media and file-sharing sites.

Markey and Matsui introduced a previous version of the bill in 2021. It moved to the Subcommittee on Consumer Protection and Commerce but died in committee. 

Data-based decision-making, including social media recommendation algorithms or machine learning systems, often lives in proverbial black boxes. This opacity sometimes exists because of intellectual property concerns or a system’s complexity.

But lawmakers and regulators worry this could obscure biased decision-making with a huge impact on people’s lives, well beyond the reach of the online platforms the bill covers. Insurance companies, including those working with Medicaid patients, already use algorithms to grant or deny patient coverage. Agencies such as the FTC signaled in 2021 that they may pursue legal action against biased algorithms.

Calls to make more transparent algorithms have grown over the years. After several scandals in 2018 — which included the Cambridge Analytica debacle — AI research group AI Now found governments and companies don’t have a way to punish organizations that produce discriminatory systems. In a rare move, Facebook and Instagram announced the formation of a group to study potential racial bias in its algorithms. 

“Congress must hold Big Tech accountable for its black-box algorithms that perpetuate discrimination, inequality, and racism in our society – all to make a quick buck,” Markey said in a statement.

Most proposed regulations around AI and algorithms include a push to create more transparency. The European Union’s proposed AI Act, in its final stages of negotiation, also noted the importance of transparency and accountability.