DOJ, FTC, CFPB, and EEOC Declaration on Discrimination and AI

On April 25, 2023, 4 federal firms– the Department of Justice (” DOJ”), Federal Trade Commission (” FTC”), Customer Financial Security Bureau (” CFPB”), and Equal Job Opportunity Commission (” EEOC”)– launched a joint declaration on the firms’ efforts to resolve discrimination and predisposition in automated systems.

The declaration uses to “automated systems,” which are broadly specified “to suggest software application and algorithmic procedures” beyond AI. Although the declaration keeps in mind the considerable advantages that can stream from making use of automated systems, it likewise warns versus illegal discrimination that might arise from that usage.

The declaration begins by summing up the existing legal authorities that use to automated systems and each firm’s assistance and declarations connected to AI. Helpfully, the declaration serves to aggregate links to crucial AI-related assistance files from each firm, offering a one-stop-shop for essential AI-related publications for all 4 entities. For instance, the declaration sums up the EEOC’s remit in imposing federal laws that make it illegal to victimize a candidate or staff member and the EEOC’s enforcement activities connected to AI, and consists of a link to a technical support file. Likewise, the report details the FTC’s reports and assistance on AI, and consists of several links to FTC AI-related files.

After offering an introduction of each firm’s position and links to crucial files, the declaration then sums up the following sources of prospective discrimination and predisposition, which might suggest the regulative and enforcement top priorities of these firms.

  • Information and Datasets: The declaration keeps in mind that results created by automated systems can be altered by unrepresentative or imbalanced information sets. The declaration states that flawed information sets, in addition to connection in between information and safeguarded classes, can cause inequitable results.
  • Design Opacity and Gain Access To: The declaration observes that some automated systems are “black boxes,” implying that the internal operations of automated systems are not constantly transparent to individuals, and therefore tough to manage.
  • Style and Usage: The declaration likewise keeps in mind that flawed presumptions about users might contribute in unjust or prejudiced results.

We will continue to keep track of these and related advancements throughout our blog sites.

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