The Lawyers’ Committee for Civil Rights Under Law recently announced new legislation dedicated to addressing racial bias in artificial intelligence systems.
Known as the Online Civil Rights Act, the new proposal was created to prevent any threats that artificial intelligence, also known as AI, may pose.
Modeled on a review process that included the help of experts in the AI field, the legislation is also based on other proposals that were created to govern how AI is used.
The Online Civil Rights Act is considered to be an update on previously passed anti-discrimination laws, such as the Civil Rights Act of 1964, as it accounts for new technological services such as AI.
Supported by other leaders such as the NAACP and the National Urban League, the legislation bans the usage of AI to discriminate or mitigate further disparities, particularly when it comes to voting.
The Online Civil Rights Act also advocates for mandated checks on AI systems, calling for audits before release and “post-release impact assessments” and instituting a “duty of care” that holds AI creators accountable for what they roll out.
“In an era marked by rapid technological advancement, it is imperative that our legal frameworks evolve to robustly protect our people from the discriminatory impacts of artificial intelligence,” said the president and executive director of the Lawyers’ Committee for Civil Rights Under Law, Damon Hewitt, per a release. “This model bill provides a detailed roadmap of solutions that legislators can adopt in whole, or at least in part. By forging this path, we are not only addressing the challenges of today but proactively shaping a future where civil rights remain paramount in the face of evolving technology.”
Discrimination through the usage of AI tools has become a prominent issue this past year.
In August, the Equal Employment Opportunity Commission settled their first case in which applicants alleged age and gender discrimination in the AI screening hiring process.
Discrimination based on race has also been reported as an issue that AI algorithms are helping perpetuate.
In a 2019 study published in the journal Science, hospitals that used AI to determine which patients needed care were using algorithms that were trained to recommend the same care for Black patients as white patients only when they were much sicker.
The algorithm was based on health care spending which highlighted the disparities in affordable health care amongst Black Americans.
“The use of AI and other algorithmic technologies by corporations can have a dramatic impact on the lives of Black and Brown communities,” said Marc H. Morial, the National Urban League President and CEO, per a statement. “Mortgage approval algorithms, tenant screening tools, and strategic pricing algorithms deny equal opportunity and reinforce discrimination across our economy. The Online Civil Rights Act proposes a framework for Congress to progress from theory to reality.”