New Bill Pushes for Algorithmic “Transparency”

The bill, the “Algorithmic Justice and Online Platform Transparency Act,” purportedly is intended “to prohibit harmful algorithms, increase transparency into websites’ content amplification and moderation practices, and commission a cross-government investigation into discriminatory algorithmic processes throughout the economy.”

Sen. Ed Markey (D-Mass.) and Rep. Doris Matsui (D-Calif.) introduced the Act to counter alleged free speech suppression by large technology companies and their online platforms.

While treading in the water of third-party liability shields, the bill is worded specifically not to impact the provisions found in Section 230 of the Communications Decency Act. Instead, the bill intends to hold large online platforms accountable for alleged algorithmic bias in disseminating certain content and messages across the internet.

“It is time to open up Big Tech’s hood, enact strict prohibitions on harmful algorithms, and prioritize justice for communities who have long been discriminated against as we work toward platform accountability,” said Sen. Markey in a press release. “Biased artificial intelligence systems have become embedded in the fabric of our digital society and they must be rooted out.”

Under the legislation, the term algorithm refers to the software components to determine which content and ads are shown to users. The bill would prohibit online platforms from using algorithms that discriminate based on protected characteristics like race, gender, sexual orientation, and other protected classes. The would-be statute would also empower the Federal Trade Commission to review overall algorithmic processes and open up an inter-agency task force for investigating these matters.

After reviewing the legislation, the term ‘online platform’ could be overly broad if implemented. This is the case for several bills.

While the bill offers an exception for small businesses, the definition of “small business” under the bill leaves open the possibility that large adult content platforms could be subject to the bill. And with the broad definition of “online platform,” adult social networking websites, tube sites, camming platforms, and streaming outlets like Adult Time could all fall within the scope of the definition. Other platforms that clearly would fall under the bill’s jurisdiction include Facebook, Snapchat, Twitter, Reddit and Google. It remains unclear at this point how an algorithmic bias regulation would impact porn and adult entertainment websites.

There are also potential security concerns at issue with the Act. Adam Kovacevich, the chief executive officer and president of the Chamber of Progress special interest group, told CNBC.com that “there’s some danger that fully lifting the hood on tech algorithms could provide a road map for hackers, Russian trolls, and conspiracy theorists.” (The Chamber of Progress is an industry organization backed by companies including Amazon, Google, Facebook, and Twitter.)

The bill is not without its supporters, however. Progressive advocacy groups including Fight for the Future and Common Sense Media have endorsed the Act. The talking points, and the purpose of the legislation, also feed into the claims from Republican politicians that allege similar content bias for conservative and right-wing views online.

Either way, it’s crucial to keep an eye on legislation like this and to determine how it could impact tech in the future.