What the Algorithmic Accountability Act Means for Digital Equity
Illustration from University of Toronto Magazine
Written by Holly Zbierski
It’s no secret that our world is automating processes formerly performed by humans at a rapid pace. It is a secret that the algorithms behind these automations “are subject to a wide range of flaws from programing bias to faulty datasets that can reinforce broader societal discrimination, particularly against women and people of color,” (Wyden Press Release). Earlier this month, a group of members of the United States Congress introduced a bill called the Algorithmic Accountability Act to the House of Representatives that requires companies to evaluate their algorithms’ impacts to protect the American people from harm. This is a landmark bill that could greatly help increase transparency between companies and consumers, as well as oversight of the software, algorithms, and other automated systems being used daily to make critical decisions. If the act is passed, “large companies will no longer be able to turn a blind eye towards the deleterious impact of their automated systems, intended or not,” according to Representative Yvette D. Clarke (D-N.Y.).
Background + Importance
“When algorithms determine who goes to college, who gets healthcare, who gets a home, and even who goes to prison, algorithmic discrimination must be treated as the highly significant issue that it is.” — U.S. Representative Yvette Clarke
A very similar bill was introduced to the House in 2019, but it never passed. Since this problem has certainly not gone away, Representative Clarke and Senators Cory Booker (D-N.J.) and Ron Wyden (D-O.R.) worked closely with experts to improve the earlier version to be more specific and comprehensive. The introduction of this bill is a huge accomplishment because it demonstrates that politicians are recognizing the social impact of bias in algorithms and making strides toward algorithmic standards of equity.
Algorithms are increasingly being used for highly important decision processes like college admissions, insurance coverage, homebuying, and criminal justice, so any biases or prejudices within them can be devastating. Yet, as it is now without the Algorithmic Accountability Act, companies cannot be held accountable for discrimination caused by their algorithms. As Senator Mazie Horono (D-H.I.), a co-sponsor of the bill, recognizes: “Discrimination and bias can’t be left unchecked just because the decision is being made by an automated system and a faulty algorithm.” Vice President of the civil rights advocacy organization Color of Change, Arisha Hatch, notes how important the passage of this act would be, saying it would “effectively protect Black people from automated discrimination,” and “equip the FTC [Federal Trade Commission] with the resources necessary to enforce these protections and create a more equitable digital space.”
Main Points of the Bill 📜
More specifically, the Algorithmic Accountability Act implements “regulations that require companies to conduct [internal] impact assessment” of any automated decision systems that impact consumers’ lives (Section-by-Section). The FTC will be expecting summary reports of each one of these assessments to hold them responsible for mitigating or eliminating any possible negative impacts they find. The goal here is obviously to force companies to reflect upon the potential consequences of their automations before implementing them and allowing them to cause real-life harm.
The bill also proposes the establishment of a new bureau of the FTC called the Bureau of Technology, which would be “run by a Chief Technologist and staffed by 50 new experts with the purpose of aiding and advising the FTC concerning the technological aspects of all of its functions,” (Section-by-Section). The FTC would also be given the authority to appoint 25 additional personnel to the Enforcement Division to see through the fulfillment of the Commission’s new responsibilities.
In an effort to keep consumers informed about the impact of automations, the FTC will be required to publish an annual report summing up trends and lessons learned from impact assessments throughout the year. These reports will be compiled on a public repository of information they must also establish. This will allow consumers to access key information the FTC has collected and maintain transparency with the American people.
Algorithmic Accountability for Justice ⚖️
The Algorithmic Accountability Act symbolizes the United States being on its way to “advancing racial justice equities in tech regulation,” (Wyden Press Release). It is of the utmost importance that algorithmic bias and discrimination are combatted, and the proposed regulations in this bill would greatly help by giving the government authority to hold companies accountable for such offenses.
“We must ensure that our 21st Century technologies become tools of empowerment, rather than marginalization and seclusion.” — U.S. Representative Yvette Clarke
Sources:
Algorithmic Accountability Act of 2022 One-Pager: https://www.wyden.senate.gov/imo/media/doc/2022-02-03%20Algorithmic%20Accountability%20Act%20of%202022%20One-pager.pdf
Algorithmic Accountability Act of 2022 Section-by-Section: https://www.wyden.senate.gov/imo/media/doc/2022-02-03%20Algorithmic%20Accountability%20of%202022%20Section-by-section%20(SxS).pdf
Booker Press Release: https://www.booker.senate.gov/news/press/booker-wyden-clarke-introduce-bill-requiring-companies-to-target-bias-in-corporate-algorithms
2019 bill: https://www.congress.gov/bill/116th-congress/house-bill/2231/actions
2022 bill: https://www.congress.gov/bill/117th-congress/house-bill/6580?s=1&r=7