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Algorithmic Justice and Online Platform Transparency Act
12/7/2023, 5:06 PM
Summary of Bill S 2325
One of the key provisions of the bill is the requirement for online platforms to provide clear and accessible explanations of how their algorithms make decisions that affect users. This includes information about the data used to train the algorithms, the factors considered in making decisions, and the potential biases or discrimination that may be present in the algorithms.
The bill also includes provisions aimed at preventing online platforms from using algorithms in ways that harm consumers or violate their rights. This includes prohibiting the use of algorithms to discriminate against users based on factors such as race, gender, or religion, and requiring platforms to take steps to address any biases or discrimination that may be present in their algorithms. Additionally, the bill includes measures to promote accountability and oversight of algorithms used by online platforms. This includes requiring platforms to conduct regular audits of their algorithms to ensure compliance with the law, and providing mechanisms for users to challenge decisions made by algorithms that may have harmed them. Overall, the Algorithmic Justice and Online Platform Transparency Act is aimed at promoting fairness, transparency, and accountability in the use of algorithms by online platforms. By requiring platforms to disclose information about their algorithms and take steps to prevent harm to users, the bill seeks to address concerns about the impact of algorithms on individuals and society as a whole.
Congressional Summary of S 2325
Algorithmic Justice and Online Platform Transparency Act
This bill establishes requirements for certain commercial online platforms (e.g., social media sites) that withhold or promote content through algorithms and related computational processes that use personal information.
The platforms must
- make disclosures about their collection and use of personal information and their content moderation practices;
- retain specified records that describe how the algorithms use personal information and assess whether the algorithms produce disparate outcomes based on race and other demographic factors in terms of access to housing, employment, financial services, and related matters;
- employ algorithms safely and effectively; and
- allow users to access and transfer their personal information.
If a platform uses algorithms to publish or sell advertising, it must maintain a library of the advertisements. The Federal Trade Commission must also adopt rules concerning deceptive advertising.
A platform's chief executive officer or other senior officer must certify compliance with disclosure requirements.
Additionally, platforms may not (1) employ algorithms or other design features that result in discrimination or similar harms based on demographic or biometric factors, or (2) process information such that it impairs voting rights. Further, users of a platform may not violate civil rights laws using the platform's algorithms.
The bill prohibits waivers or other methods that limit rights under the bill; provides whistleblower protections for individuals who report violations; and authorizes enforcement by specified federal agencies, states, and private individuals.
The bill also provides funding for an interagency task force to study the discriminatory use of personal information by platforms' algorithms.
