Senator Markey Introduces AI Civil Rights Act to Eliminate AI Bias, Enact Guardrails on Use of Algorithms in Decisions Impacting People’s Rights, Civil Liberties, Livelihoods

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Washington (September 24, 2024) - Senator Edward J. Markey (D-Mass.), member of the Senate Committee on Commerce, Science and Transportation, introduced his Artificial Intelligence (AI) Civil Rights Act, comprehensive AI civil rights legislationwhich will put strict guardrails on companies' use of algorithms for consequential decisions, ensure algorithms are tested before and after deployment, help eliminate and prevent bias, and renew Americans' faith in the accuracy and fairness of complex algorithms. Senator Mazie Hirono (D-Hawaii) is a cosponsor on the bill.

"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," said Senator Markey. "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.

I am grateful for the support of the Lawyers' Committee for Civil Rights Under Law, the Leadership Conference on Civil and Human Rights, and many other advocates who have been essential partners in this fight for fair and equitable AI. I look forward to working with my colleagues to ensure that any AI regulation includes strong and enforceable civil rights protections."

"While AI can improve decision-making across various sectors, systemic biases in AI algorithms disproportionately impact marginalized communities," said Senator 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."

In particular, the AI Civil Rights Act:

• Regulates 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;
• Prohibits developers and deployers from offering, licensing, or using covered algorithms that discriminate based on protected characteristics or that cause a disparate impact;
• Requires developers and deployers of covered algorithms to complete independently audited pre-deployment evaluations and post-deployment impact assessments to identify, evaluate, and mitigate any potential biased use or discriminatory outcomes;
• Requires developers and deployers to mitigate any harms identified by the pre-deployment evaluations and impact assessments and ensure that any covered algorithm performs reasonably well and is consistent with its publicly-advertised purpose;
• Increases 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; and
• Authorizes the Federal Trade Commission, state attorneys general, and private individuals to enforce the Act.

The AI Civil Rights Act is endorsed by the Lawyers' Committee for Civil Rights Under Law, The Leadership Conference on Civil and Human Rights, Free Press Action, UnidosUS, NAACP, American Civil Liberties Union (ACLU), Electronic Privacy Information Center (EPIC), Public Citizen, Access Now, Asian Americans Advancing Justice - AAJ, Brennan Center for Justice, Fight for the Future, National Disability Rights Network (NDRN), Common Cause, National Center for Transgender Equality (NCTE), The Trevor Project, National Council of Negro Women, Encode Justice, NETWORK Lobby for Catholic Social Justice, Accountable Tech, the National Hispanic Media Coalition (NHMC), Color of Change, and Writers Guild of America, East (WGAE).

"Algorithmic justice is a civil rights issue. Just as the struggles of the civil rights movement gave rise to groundbreaking civil rights laws, the harms resulting from the unregulated use of AI and other algorithmic tools demand passing new legislation now," said Damon Hewitt, President and Executive Director of the Lawyers' Committee for Civil Rights Under Law."The AI Civil Rights Act is first-of-its-kind legislation that takes a comprehensive approach to regulating AI across sectors. It prioritizes protecting Black communities and other people of color from discrimination, bias, and rampant AI abuse. The civil rights bill of the future is right here, and we are proud to endorse it."

"After a flurry of AI bills being introduced by this Congress - with many omitting any mention of civil rights or safeguards - it's refreshing to see Senator Markey take a unique and necessary approach. The AI Civil Rights Act is comprehensive, touching on everything from employment to housing and education and setting a standard for other pieces of AI legislation to address real-world harms. Rather than reflect Big Tech talking points and the urge to 'move fast and break things,' this bill recognizes that innovation must include all of us," said Koustubh "K.J." Bagchi, vice president of The Leadership Conference's Center for Civil Rights and Technology.

"The AI Civil Rights Act is the bold, innovative policy we need today to ensure a just tomorrow for us all. The premise is simple: the AI tools and systems used at the most critical decision points in our lives - mediating our access to homes, employment, healthcare, and opportunities -should be demonstrated to be accessible and fair before being unleashed on the American public. With this technologically sophisticated bill, anchored in enduring American commitments to freedom, Senator Markey ushers in a new day for civil rights and digital equity," said Alondra Nelson, Distinguished Senior Fellow, Center for American Progress and former Acting Director, White House Office of Science and Technology Policy.

"It is vitally important that technological development serves the public interest. A key part of this is ensuring that those who develop and deploy technology, including advanced AI systems that impact people's civil rights and opportunities, are held to a duty of care. The AI Civil Rights Act provides a detailed and practical approach to ensuring that we can continue to benefit from safe innovation in technology," said Suresh Venkatasubramanian, former White House AI Advisor and co-author of the Blueprint for an AI Bill of Rights.

"AI products are now making their way into the lives of real people at an unfathomable scale - impacting everything from our experience at work to our ability to access benefits. It is crucially important in this moment that we do what we can to protect the vulnerable populations most impacted by these systems. Even in the hyped rush to adopt AI technology, we cannot permit anything to interfere with our hard-earned civil rights," said Deborah Raji, researcher, UC Berkley.

"Artificial intelligence is rapidly entering every corner of our lives - from access to education, healthcare and insurance to decisions made by the courts, police, and immigration officials - with far too little public input or recourse when these systems cause real-world bias or harm," said Craig Aaron, President and Co-CEO of Free Press Action. "The AI Civil Rights Act is a serious step toward addressing these urgent issues and enabling federal regulators to keep up with these evolving technologies. It prohibits the use, sale, or promotion of algorithmic decision-making systems that discriminate or cause disparate impact on the basis of race, sex, religion, or disability. This legislation would require those designing and deploying AI tools to conduct audits for potential harms and publicly share the results. Ensuring new tools and technologies aren't used to exacerbate discrimination must be a top priority for policymakers. We applaud Senator Markey and the co-sponsors of this legislation for their leadership."

"AI systems-which already today impact consumer credit, law enforcement, immigration, housing, and health care decisions-can be unfair in any direction, and in multiple directions at once, because the systems generate predictions based on inferences from complex data sets. Assessing the fairness of the inputs to systems and the outcomes is an essential check-or we risk models that senselessly bind our futures to our often-problematic past. We simply cannot afford to implement systems first and check them later, nor would that approach be consistent with a multicultural democracy that strives to achieve opportunity for all," said Laura MacCleery, Senior Policy Director, UnidosUS. "By mandating pre- and post-deployment testing, minimum transparency standards, and human alternatives to AI decision-making, this legislation establishes essential steps to help make the uses of AI both accountable and legitimate. We commend Senator Markey for his continued leadership in this ongoing effort to keep emerging technologies fair and responsible-not just in name but in practice. This Act is an excellent foundation for the checks and balances we will need to harness AI's potential while protecting civil rights and promoting fairness."

"The AI Civil Rights Act is a benchmark for AI legislation; it avoids sensationalist claims about AI, while providing real protections from civil rights harms that are happening already. The emerging world of AI is complex, and Sen. Markey has set the bar for legislation ensuring that AI is fair and equitable. We look forward to continuing to refine and champion these protections and working with Congress for passage," said Cody Venzke, Senior Policy Counsel, ACLU.

"Artificial intelligence systems are being developed and deployed in opaque and unaccountable ways that are harming individuals and exacerbating biases. Senator Markey's Artificial Intelligence Civil Rights Act of 2024 puts critical guardrails in place to ensure automated decision-making is fair, transparent, and non-discriminatory. EPIC is proud to support this legislation," said Caitriona Fitzgerald, Deputy Director of the Electronic Privacy Information Center (EPIC).

"With the AI industry launching products that will make decisions on key aspects of our lives, such as unemployment insurance, Congress must install guardrails to prevent violations of our rights. The AI Civil Rights Act is necessary legislation that addresses the growing need to protect civil rights in an era where AI systems are increasingly shaping critical decisions in areas such as employment, housing, and access to services. By setting rigorous standards for the development, deployment, and auditing of AI technologies, the Act installs pertinent guardrails so that these powerful models will not perpetuate discrimination or harm marginalized communities. Public Citizen commends Senator Markey for his leadership in advancing this vital piece of legislation," said Lisa Gilbert, Co-President, Public Citizen.

"Secretive algorithms developed by the private sector can easily fuel discriminatory surveillance, policing, and immigration enforcement," said Faiza Patel, senior director of the Liberty and National Security Program at the Brennan Center for Justice. "The AI Civil Rights Act is a significant step towards ensuring that the private sector undertakes adequate and transparent due diligence to mitigate AI's most profound risks to civil liberties and rights."

"Access Now is proud to support the AI Civil Rights Act, a crucial step in holding algorithmic decision-making accountable at every stage," said Willmary Escoto, U.S. Policy Counsel, Access Now. "This bill prioritizes human rights by enforcing transparency, accountability, and remedies for those harmed by AI. We commend Senator Markey for championing equity, privacy, and justice, and urge Congress to advance this critical legislation."

"When it comes to AI regulation, the AI Civil Rights Act is right to prioritize civil rights protections coupled with requirements to test and provide transparency. We desperately need AI policies that are rooted in human rights, free expression, and addressing the most immediate harms to the most marginalized people. It's clear that AI is exacerbating problems with discrimination and bias, but those problems are being hidden behind layers of tech hype, trade secrets, and a focused but familiar campaign to tell legislators and everyday people alike that we aren't smart enough to grapple with the realities of emerging technology. This is a lie that is being weaponized to allow AI's supercharged harms to run rampant. This bill is an important step toward putting risky and harmful AI projects and their shady sycophants back in their place. Human rights and accountability should come before tech profits," said Lia Holland, Campaigns and Communications Director, Fight for the Future.

"AI inherently poses risks for voters, as biased algorithms can perpetuate discrimination and lead to disparate outcomes," said Ishan Mehta, Director for Media and Democracy, Common Cause. "We commend Senator Markey for his bill to create important and strong safeguards for AI systems, which will promote equity and accessibility."

"The Artificial Intelligence Civil Rights Act is our generation's moonshot for democracy in the digital age. It ensures that as machines learn, America's values aren't forgotten. This isn't just about regulating technology; it's about safeguarding the very fabric of our society for generations to come. With this Act, we're not just keeping pace with AI - we're encoding fairness and equal opportunity into the DNA of our technological future," said Sunny Gandhi, VP of Political Affairs, Encode Justice.

"The AI Civil Rights Act must become law to ensure that people are not denied work or career advancement because of biased algorithms ingrained in artificial intelligence systems. Whether it's a journalist who covers marginalized communities or a first-time screenwriter whose voice is not a common tone, we cannot let employers weaponize AI as cover to discriminate against people based on race, religion, age or other protected characteristics," saidLisa Takeuchi Cullen, President of the Writers Guild of America, East.

"Organizations developing and deploying AI tools should have to prove to the public that their tools aren't harmingful before they are allowed to release these tools. We're glad to see Senator Markeytaking these steps to prioritize citizen's rights over profits for multinational corporations," said Timnit Gebru, Founder and Executive Director of Distributed Artificial Intelligence Research Institute (DAIR).

While artificial intelligence has already begun to revolutionize certain industries, the federal government must be committed to combating potential side effects of this emerging technology. Senator Markey has called on the federal government to hold Big Tech accountable, investigate AI, and stop algorithmic injustice. On September 17^th, 2024, Senator Markey and Senate Majority Leader Chuck Schumer (D-N.Y.) sent a letter to Shalanda Young, the Director of the Office of Management and Budget, demanding that all federal agencies that use AI for consequential decisions establish or maintain a civil rights office to establish additional safeguards to prevent algorithmic discrimination.

In December 2023, Senator Markey introduced the Eliminating Bias in Algorithmic Systems (BIAS) Act to ensure that every federal agency that uses, funds, or oversees artificial intelligence (AI) has an office of civil rights focused on combatting AI bias and discrimination. In October 2023, he and Congresswoman Pramila Jayapal (WA-07) applauded the Biden administration for heeding their call to incorporate the White House Blueprint for an AI Bill of Rights into its AI Executive Order. In July 2023, Senator Markey and Congresswoman Doris Matsui (CA-07) reintroduced their Algorithmic Justice and Online Platform Transparency Act to ban discriminatory algorithms and improve transparency on social media platforms.

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