The Algorithmic Accountability Act of 2022 Is Introduced

Written by: Richard Sheinis, Esq.

Several Democratic legislators have introduced the Algorithmic Accountability Act of 2022 (the “Act”). This legislation is a redo of the 2019 Algorithmic Accountability Act. While this piece of legislation will likely die on the vine, like so many personal data related bills before it, it demonstrates a disturbing trend to demonize technology. The purported intent of the Act is to stop companies from using artificial intelligence (“AI”) to cause biased or discriminatory outcomes. Representative Yvette Clark, D-NY, stated, “It is long past time Congress act to hold companies and software developers accountable for their discrimination by automation.” The specific discrimination to which Representative Clark refers is not identified. Senator Mazie Hirono, D-HI, stated, “Discrimination and bias can’t be left unchecked just because the decision is being made by an automated system and a faulty algorithm.” Once again, the discrimination and bias to which Senator Hirono refers is not disclosed.

It is unfortunate that these legislators presume discrimination, bias and bad intent without providing supporting examples. While ethics in AI is a worthwhile discussion, statements alleging ill intent, without examples of the problem the Algorithmic Accountability Act of 2022 is supposed to address, are irresponsible. Of course, the Act is not without the requisite creation of yet another government bureaucratic agency, in this case a Bureau of Technology, to enforce the Act. The Act also provides for the hiring of 50 additional staff by the Federal Trade Commission.