Sen. Ed Markey (D-Mass.) and Rep. Doris Matsui (D-Calif.) have reintroduced a bill to boost online content moderation transparency and prevent algorithmic discrimination.
The bill was originally introduced in 2021. It failed to gain traction, but the D.C. heat on Big Tech has only ramped up since then.
Among other things, the Algorithmic Justice and Online Platform Transparency Act would prevent algorithms that exclude certain people from seeing online advertising — racial minorities for housing ads, for example, or certain gender identities from job ads.
“The legislation would ban harmful algorithms, bolster transparency by holding websites accountable for their content amplification and moderation practices, and commission a cross-government investigation into discriminatory algorithmic processes throughout the economy,” Markey’s office said Thursday (July 13).
“Congress must hold Big Tech accountable for its black-box algorithms that perpetuate discrimination, inequality and racism in our society,” Markey said.
“Harmful content continues to proliferate online, and online platforms are making conscious efforts to spread it through their algorithms,” Matsui said.
Specifically, the bill would:
- “Prohibit algorithmic processes on online platforms that discriminate on the basis of race, age, gender, ability and other protected characteristics.
- “Establish a safety and effectiveness standard for algorithms, such that online platforms may not employ automated processes that harm users or fail to take reasonable steps to ensure algorithms achieve their intended purposes.
- “Require online platforms to describe to users in plain language the types of algorithmic processes they employ and the information they collect to power them.
- “Require online platforms to maintain detailed records describing their algorithmic process for review by the Federal Trade Commission (FTC), in compliance with key privacy and data de-identification standards.
- “Require online platforms to publish annual public reports detailing their content moderation practices.
- “Create an inter-agency task force comprised of entities including the FTC, Department of Education, Department of Housing and Urban Development, Department of Commerce, and Department of Justice, to investigate the discriminatory algorithmic processes employed in sectors across the economy.“
Among those backing the bill's reintroduction, according to Markey, include Center for Digital Democracy, Color of Change, Common Cause, Common Sense Media, and Consumer Reports.
