Bill for AI Civil Rights Act introduced to the Senate

The key objectives and obligations of the AI Bill include: 

• Preventing discrimination: developer and deployers of AI systems are prohibited from offering, licensing, commercialising, or using an algorithm that discriminates on the basis of protected characteristics.
• Pre and post-deployment impact assessments: developers and deployers of AI systems are required to conduct annual independently audited (i) pre-deployment evaluations and plausibility of harm as a result of consequential action, and (ii) post-deployment impact assessments.
• Algorithm standards: developers and deployers are required to cooperate with independent auditors and consult with impacted communities pre-deployment, and further prevent, mitigate and certify against any identified harms. Further obligations include ensuring data used throughout the lifecycle and development of the algorithm is relevant and appropriate, and that algorithm performance matches its publicly advertised purpose.
• Contract standards: the AI Bill regulates the relationship between developers and deployers by requiring a written contract that outlines the specific data processing procedures, such as type of data, rights and obligations and instructions for use.
• Human decision alternatives: enables future enactment of regulations to allow individuals to appeal an algorithmic decision and choose human decision-making and ‘opt-out’ of algorithmic decisions in consequential action.
• Notice and disclosure: transparency obligations to publish, notify and update how data is used in algorithms, and to create a reporting mechanism of potential Bill violations for individuals.

A violation of the AI Bill under title I, II and III shall be treated as a violation of a rule defining an unfair or deceptive act or practice under the Federal Trade Commission (FTC) and the FTC will be responsible for enforcement. In any case in which a state Attorney General or a state data protection authority has reason to believe that an interest of the residents of the state has been or is threatened or adversely affected by the engagement of a person with the AI system, the state Attorney General may bring a civil action on behalf of the residents of the state. The state Attorney General may seek civil penalties (in the amount of USD15,000 per violation or 4% of the defendant’s average gross annual revenue over the preceding three years, whichever is greater), preliminary injunctions, equitable relief, other damages, and reasonable attorneys’ fees and litigation costs. Additionally, individuals or a class of individuals may also seek a private right of civil action.

Key definitions within the Bill include:

• Deployer: any person, other than an individual acting in a non-commercial context, that uses a covered algorithm in or affecting interstate commerce.
• Developer: any person, other than an individual acting in a non-commercial context, that designs, codes, customizes, produces, or substantially modifies an algorithm that is intended or reasonably likely to be used a coverage algorithm for such person’s own use, or use by a third party, in or affecting interstate commerce.
• Consequential Action: an act that is likely to have a material effect on or to materially contribute to, access to, security and authentication relating to, eligibility for, cost of, terms of or conditions relating to any of the following: (i) employment; (ii) education and vocational training; (iii) housing and lodging; (iv) essential utilities (including electricity, heat, water, municipal trash or sewage services, internet and telecommunications service, and public transportation); (v) healthcare; (vi) credit, banking, and other financial services; (vii) insurance; (viii) actions of the criminal justice system, law enforcement or intelligence operations (such as immigration enforcement or child protective services); (ix) legal services; (x) legal services; (xi) elections; (xii) government benefits and services; (xiii) public accommodation; or (xiv) any other service, program, product, or opportunity that has a comparable legal, material, or similarly significant effect on an individual’s life. 

The press release is available here, and the draft bill here.