Sacramento Standard

WASHINGTON, D.C. – On July 13, Congresswoman Doris Matsui (CA-07), ranking member of the House Energy and Commerce Subcommittee on Communications and Technology and Senator Edward J. Markey (D-MA), a member of the Senate Commerce, Science, and Transportation Committee, reintroduced their Algorithmic Justice and Online Platform Transparency Act. This legislation would ban harmful algorithms, bolster transparency by holding websites accountable for their content amplification and moderation practices, and commission a cross-government investigation into discriminatory algorithmic processes throughout the economy.

Algorithms are automated systems built into an online platform’s infrastructure to determine what content users can see online. These automated decisions are often informed by a user’s data or behavior—with or without their awareness. Biased algorithms can deepen inequalities and direct content away from people based on race, gender, disability, and other protected characteristics.

As algorithms become increasingly prevalent in health care, higher education, employment screening, and financial services, the lack of prohibition around discriminatory algorithms has the potential to expand their negative impacts. The increasing use of artificial intelligence tools that pose potential harms to marginalized communities warrants a comprehensive review of these technologies and their potential for discriminatory outcomes.

“Harmful content continues to proliferate online, and online platforms are making conscious efforts to spread it through their algorithms,” said Congresswoman Matsui. “In order to make meaningful progress on digital equity and justice, we must root out the systemic biases and injustices that certain algorithms continue to perpetuate. The Algorithmic Justice and Online Platform Transparency Act casts a spotlight on discriminatory practices and ensures critical oversight to hold platforms accountable. I am proud to partner with Senator Markey on this important effort.” 

“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. We have to write into our computer code the moral code that we want to see online,” said Senator Markey. “The Algorithmic Justice and Online Platform Transparency Act will create a 21st century digital ecosystem that prioritizes transparency and justice for all people. I thank Representative Matsui for her continued partnership on this critical legislation to ensure fundamental rights and equal opportunity are protected online.”

Specifically, the Algorithmic Justice and Online Platform Transparency Act would:

1. Prohibit algorithmic processes on online platforms that discriminate based on race, age, gender, ability and other protected characteristics;
2. Establish a safety and effectiveness standard for algorithms, such that online platforms may not employ automated processes which harm users or fail to ensure algorithms achieve their intended purposes;
3. Require online platforms to describe to users in plain language the types of algorithmic processes they employ and the information they collect to power them;
4. Require online platforms to maintain detailed records describing their algorithmic process for review by the Federal Trade Commission (FTC), in compliance with key privacy and data de-identification standards;
5. Require online platforms to publish annual public reports detailing their content moderation practices; and,
6. Create an inter-agency task force comprised of entities including the FTC, Department of Education, Department of Housing and Urban Development, Department of Commerce, and Department of Justice to investigate the discriminatory algorithmic processes employed in sectors across the economy.

Endorsers of the Algorithmic Justice and Online Platform Transparency Act include Asian Americans Advancing Justice (AAJC), Access Now, Center for Digital Democracy, Color of Change, Common Cause, Common Sense Media, Consumer Reports, Electronic Privacy Information Center (EPIC), Free Press Action, Lawyers’ Committee for Civil Rights Under Law, National Hispanic Media Coalition, Public Citizen, and Public Knowledge.

“As civil society works to expose algorithmic discrimination, unpacking how precarious the decisions made by harmful algorithms are and who they impact the most – already marginalized and vulnerable communities – Senator Markey and Representative Matsui’s Algorithmic Justice and Online Platform Transparency Act helps pave the way for a framework that prioritizes human rights,” said Willmary Escoto, U.S. Policy Counsel at Access Now.

“The widespread use of algorithms by companies, especially with regard to the types of content we see online, requires safeguards against a host of discriminatory practices and outcomes. Transparency is essential to ensure that the arsenal of algorithms used to target us or to deny us opportunities operates responsibly,” said Katharina Kopp, Director of Policy of Center for Digital Democracy. “Senator Markey and Representative Matsui’s Algorithmic Justice and Online Transparency Act provides this important first step and other protections to reign in the growing power of the social media industry in our lives.”

“Consumer Reports is thrilled to see Senator Markey and Representative Matsui reintroduce the Algorithmic Justice and Online Platform Transparency Act, as the problems it would address have only become more urgent and crucial since its original introduction last Congress. Consumers deserve an online ecosystem free from discrimination and opaque, unaccountable algorithmic targeting. This bill offers a resolute proposal that will offer much-needed transparency and prevent further algorithmic harms to consumers,” said Laurel Lehman, Policy Analyst at Consumer Reports.

“Algorithms and artificial intelligence systems are being deployed in opaque and unaccountable ways that are harming individuals and exacerbating biases. Senator Markey and Congresswoman Matsui’s Algorithmic Justice and Online Platform Transparency Act prohibits discrimination by algorithm and puts critical guardrails in place to ensure automated decision-making is fair and transparent. EPIC is proud to support this legislation,” said Caitriona Fitzgerald, Deputy Director of Electronic Privacy Information Center (EPIC).

“The Algorithmic Justice and Online Platform Transparency Act is a key step towards extending civil rights protections online and protecting consumers from algorithmic discrimination,” said David Brody, Managing Attorney of the Digital Justice Initiative at the Lawyers’ Committee for Civil Rights Under Law. “The unscrupulous data practices of online platforms undermine the privacy rights of users and fuel data-driven discrimination, preventing Black communities and other communities of color from realizing the benefits of the digital age. With technology and AI advancements blurring the boundaries between the online and physical worlds, AJOPTA has become a necessity to increase transparency and establish safeguards against online discrimination.”

Congresswoman Matsui and Senator Markey first introduced the Algorithmic Justice and Online Platform Transparency Act in 2021.

A copy of the legislation can be found HERE.

Original source can be found here