| There's a growing push among Democrats in Congress to ensure social networks and other websites aren't promoting discrimination. Sen. Ed Markey (D-Mass.) and Rep. Doris Matsui (D-Calif.) will today introduce legislation that prohibits online algorithms from discrimination on the basis of race, gender, age, ability and other protected classes. It also aims to create greater transparency about how digital platforms operate by requiring companies to explain in plain language the ways their algorithms work and what kind of information they collect. The bill, called the Algorithmic Justice and Online Platform Transparency Act, would additionally create a task force of various federal agencies, including the Federal Trade Commission and the Department of Housing and Urban Development, to probe potential instances of bias in algorithms. "It is time to open up Big Tech's hood, enact strict prohibitions on harmful algorithms, and center justice for communities who have long been discriminated against online as we work toward platform accountability," Markey said in a statement to The Technology 202.  Sen. Ed Markey, D-Mass., speaks during a hearing on Capitol Hill. (AP Photo/Andrew Harnik, File) | There are growing concerns in Washington about the ways social networks and other tech tools can further entrench racism and sexism and harm society's most vulnerable. The murder of George Floyd last year sparked heightened awareness of the ways algorithms can be biased or abused to harm minorities and others. Now in control of the White House and Congress, Democrats have used recent hearings with tech executives to highlight these concerns.
Markey says as lawmakers think broadly about civil rights measures, they can't ignore the role of tech companies. He called for other lawmakers to join in the effort to pass the legislation. "As we work to eliminate injustice in our society, we cannot ignore the online ecosystem," Markey said. Civil rights advocates are pressuring Congress to regulate tech companies, after years of campaigns to make tech giants change their policies to ensure their products aren't harming Black and Brown people. They've been particularly active in pressuring the companies to do more to address hate speech and disinformation about elections. In the aftermath of the 2016 election, researchers found that the Russian influence operation specifically attempted to dampen turnout of Black voters and found that they were targeted with more Facebook ads than any group. The new measure would specifically prohibit algorithmic processes that interfere with individuals' voting rights. The bill comes as some large tech companies have made changes under pressure to ensure their products and services aren't abused in sensitive contexts, such as in regards to housing or policing. For instance, as part of a 2019 settlement, Facebook agreed to block advertisers from targeting housing, employment and credit ads based on age, gender and Zip code, which can be used as a proxy for race. But lawmakers have continued to raise concerns about such targeting in other categories, such as financial services. People have repeatedly challenged tech companies' practices under existing civil rights law, but Markey's new bill would ensure there are specific rules on the books for digital platforms. Democrats have proposed other measures that take aim at these concerns. Rep. Yvette D. Clarke (D-N.Y.) has proposed changes to Section 230, a key Internet legal shield, to target discriminatory advertising. The legislation comes as lawmakers are increasingly showing an interest in focusing on algorithms and transparency. Following years of debate about how to regulate social media companies, lawmakers from both political parties are now interested in advancing legislation to force greater transparency about the content moderation practices and algorithms that power major tech platforms. The Senate Judiciary Committee recently hosted a hearing on algorithms and amplification, where senators homed in on the ways the design of social networks influences society. Markey and Matsui's proposal would also require tech companies to publish annual reports detailing their content moderation practices, something some large companies, including Facebook, already do. The companies also would have to maintain detailed records describing their algorithmic process for review by the FTC. Companies generally very closely guard these processes because of privacy and commercial concerns. Certain personal details would be removed from those records to ensure privacy. | 
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