Sen. Ed Markey, D-Mass., introduced comprehensive AI civil rights legislation this week which aims to put “strict guardrails” on companies’ use of algorithms for consequential decisions.
The AI Civil Rights Act – cosponsored by Sen. Mazie Hirono, D-Hawaii – would require AI developers to ensure algorithms are tested before and after deployment. Sen. Markey’s bill would authorize the Federal Trade Commission (FTC) to enforce the law.
“Whether on the Senate floor or around the dining room table, artificial intelligence is the hottest topic of the year. But these complex algorithms have a darker side as well – one that has real consequences for everyday people, especially marginalized communities,” Sen. Markey said in a Sept. 24 statement. “I am introducing the Artificial Intelligence Civil Rights Act to ensure that the AI Age does not replicate and supercharge the bias and discrimination already prevalent in society today.”
“Make no mistake: we can have an AI revolution in this country while also protecting the civil rights and liberties of everyday Americans, we can support innovation without supercharging bias and discrimination, and we can promote competition while safeguarding people’s rights,” the senator added.
In particular, the AI Civil Rights Act would regulate algorithms involved in consequential decisions, such as those that impact people’s rights, civil liberties, and livelihoods – including employment, banking, health care, the criminal justice system, public accommodations, and government services.
The bill also would prohibit developers and deployers from offering, licensing, or using covered algorithms that discriminate based on protected characteristics or that cause a disparate impact.
The bill also aims to increase transparency around the use of covered algorithms in consequential decisions, including providing individuals a right to appeal an algorithmic decision to a human decision-maker.
“While AI can improve decision-making across various sectors, systemic biases in AI algorithms disproportionately impact marginalized communities,” said Sen. Hirono. “This legislation would help to protect Americans against biased algorithms and mitigate discrimination perpetuated through AI, helping to secure the civil rights and liberties of all Americans.”
Sen. Markey highlighted his new bill during a Senate Health, Education, Labor, and Pensions subcommittee hearing Wednesday focused on preparing the workforce for AI.
“We must also prepare the workforce by protecting workers from the potential harmful and discriminatory impact of workplace AI tools,” Sen. Markey said. “That’s why yesterday, I introduced my AI Civil Rights Act of 2024 – comprehensive legislation that would prevent discriminatory algorithms from being used in critical decisions.”
“This technology is Dickensian. It’s the best of technologies and the worst simultaneously. It can enable, it can ennoble, it can degrade, it can debase. It can do it all,” he said. “We want the best, but we also build in safeguards to protect workers from being discriminated against.”
