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In an effort to address concerns about the “black box” nature of algorithms and the way they make decisions that can significantly impact people’s lives, provisions requiring AI audits to be conducted are being included in data privacy and security laws. While these laws and proposed laws call for audits in order to make AI more explainable and root out bias, they provide little guidance as to how they should be conducted and when an audit will be sufficient to satisfy the statute. An industry is developing around AI audits, despite the absence of standards and consistent approaches. All of this casts doubt on whether these statutorily required audits will be effective at increasing transparency and identifying bias, and creates uncertainty for businesses seeking to understand what they need to do to comply with these laws.
Our speakers will discuss:
- Legislation containing AI audit requirements, including the Illinois Artificial Intelligence Video Interview Act, New York City Council Bill No. 1894-2020, and the federal Consumer Online Privacy Rights Act (10 minutes);
- Whether the standard for these audits should be compliance with anti-discrimination laws, or some other criteria (15 minutes);
- How concerns about trade secrets and proprietary data should be handled in the audit process (10 minutes);
- What the role of the FTC, the EEOC, and NIST is, or might be, in setting standards for AI audits and auditors and in enforcement (10 minutes); and
- Challenges for judges and jurors in determining whether an AI audit is legally compliant and whether expert testimony will be needed (15 minutes).
Gail L. Gottehrer, Law Office of Gail Gottehrer LLC
Ronald J. Hedges, Dentons US LLP