There are lots of laws again many types of discrimination.
In the USA, there are federal laws against discrimination based on: race, color, religion, sex, and national origin, pregnancy, childbirth, or a related medical condition, people with disabilities, citizenship, familial status or age—includes families with children under the age of 18
But there is a new type of discrimination being done. Algorithmic discrimination.
Whether we are talking about advertisements (including housing and employment), loan applications (including mortgages), employment, or even criminal sentencing, people are very likely to be categorized by some algorithm. These algorithms often incorporate bias. Studies have shown that criminal sentencing algorithms are more likely to give white offenders probation.
The problem is that more and more often no one (not even the people that write them) know what data is being used in these algorithmic calculations. They do not program the algorithm, instead they set it up to learn by itself. Often they learn by looking at past practices. If those past practices had any bias in them, the math learns that bias.
In effect, people are illegally discriminating and claiming "oops, I did not know it did that."
We need a law that makes it illegal to create, use, administer, apply, or help others to use an algorithm unless it has been tested and proven not to result in illegal discrimination. This is SEPARATE from determining if the the algorithm works.
For example it is quite easy to create an algorithm that decides who will default on a mortgage that results is fewer defaults for black people. All you have to do is to use stricter standards for people whose current address is in certain neighborhood. Suddenly white people making 70k are given the same mortgages that black people making 80k. The blacks default less than the whites, and the bank is HAPPY. Despite the fact that they are illegally discriminating against all the black people making 70k.
Algorithms need to not just make the people that apply them happy, they must also comply with the law.
Which means they have to be tested and approved by a government agency if they are used for any purpose that is regulated against discrimination by law.
In the USA, there are federal laws against discrimination based on: race, color, religion, sex, and national origin, pregnancy, childbirth, or a related medical condition, people with disabilities, citizenship, familial status or age—includes families with children under the age of 18
But there is a new type of discrimination being done. Algorithmic discrimination.
Whether we are talking about advertisements (including housing and employment), loan applications (including mortgages), employment, or even criminal sentencing, people are very likely to be categorized by some algorithm. These algorithms often incorporate bias. Studies have shown that criminal sentencing algorithms are more likely to give white offenders probation.
The problem is that more and more often no one (not even the people that write them) know what data is being used in these algorithmic calculations. They do not program the algorithm, instead they set it up to learn by itself. Often they learn by looking at past practices. If those past practices had any bias in them, the math learns that bias.
In effect, people are illegally discriminating and claiming "oops, I did not know it did that."
We need a law that makes it illegal to create, use, administer, apply, or help others to use an algorithm unless it has been tested and proven not to result in illegal discrimination. This is SEPARATE from determining if the the algorithm works.
For example it is quite easy to create an algorithm that decides who will default on a mortgage that results is fewer defaults for black people. All you have to do is to use stricter standards for people whose current address is in certain neighborhood. Suddenly white people making 70k are given the same mortgages that black people making 80k. The blacks default less than the whites, and the bank is HAPPY. Despite the fact that they are illegally discriminating against all the black people making 70k.
Algorithms need to not just make the people that apply them happy, they must also comply with the law.
Which means they have to be tested and approved by a government agency if they are used for any purpose that is regulated against discrimination by law.
