State AGs to Huddle Over Algorithmic Bias as FTC, DOJ Probe

State attorneys general are planning meetings on algorithmic bias on social media, offices for AGs in Iowa, Colorado and Hawaii told us this week.

Iowa AG Tom Miller (D), president of the National Association of Attorneys General, plans a series of webinars and meetings on the topic with staff, his office said in a statement. It will be a focus of his NAAG presidential initiative, an aide said. The initiative will include training and meetings throughout the year, and “algorithms will be one of the topics. We plan to work with other offices to examine how algorithms affect consumers,” the aide said.

Offices for Colorado AG Philip Weiser (D) and acting Hawaii AG Holly Shikada (D) said they look forward to working with Miller. Miller addressed the topic in November during an NAAG event (see 2111080062), saying he’s “trying to get up to speed on how algorithms are used, how they’re misused, either intentionally or unintentionally ... and secure as much reform that we can.”

Weiser said in a statement he’s pleased Miller is making consumer protection a “top priority,” citing the increased importance of algorithms. They can be “used in ways that discriminate against certain groups or otherwise harm consumers,” and it “merits close attention,” said Weiser: Colorado “looks forward to working with AG Miller on this critical area.”

Hawaii has been “tracking the issues regarding algorithmic bias and is very supportive of NAAG’s efforts to address them and will assist and support AG Miller in any way we can,” Shikada's office said in a statement.

The office for Washington, D.C., AG Karl Racine (D) noted his legislative proposal aimed at algorithmic bias. The bill would require businesses to prevent “biases in their automated decision-making algorithms and require them to report and correct any bias that is detected.” It would require companies to “inform consumers about what personal information they collect and how that information is used to make decisions.”

In Mississippi, the office of AG Lynn Fitch (R) said it will “evaluate invitations to meetings and webinars as they are received.” Algorithmic bias recently gained the attention of the FTC, DOJ and Congress. DOJ is weighing the enforcement potential for AI discriminatory practices, Assistant AG-Civil Rights Kristen Clarke said in December (see 2112150001). The FTC is considering issuing an FTC Act Section 18 rulemaking to limit privacy abuses and prevent algorithmic discrimination (see 2112150040). FTC nominee Alvaro Bedoya, who's awaiting Senate confirmation (see 2201050056), wrote about algorithmic discrimination and privacy law implications.

Congress should do what it can to increase algorithmic transparency, Sen. Brian Schatz, D-Hawaii, told us Wednesday. Social media companies “can’t hide behind an algorithm” and avoid liability “forever,” he said. Senate Intelligence Committee Chairman Mark Warner, D-Va., told us congressional discussions are progressing. “We’ve got slightly different approaches,” he said of Schatz. “What the next few steps are I’m not sure yet.” Schatz has pushed support for his Pact Act with Senate Minority Whip John Thune, R-S.D. Warner recently reintroduced his bipartisan “dark patterns” legislation (see 2112080043).