Brookings March 22, 2023
Last week, California State Assemblymember Rebecca Bauer-Kahan introduced a bill to combat algorithmic discrimination in the use of automated tools that make consequential decisions. And California is not alone—a new wave of state legislation is taking on artificial intelligence (AI) regulation, raising key questions about how best to design and implement these laws. Generally, the bills introduce new protections when AI or other automated systems are used to help make consequential decisions—whether a worker receives a bonus, a student gets into college, or a senior receives their public benefits. These systems, often working opaquely, are increasingly used in a wide variety of impactful settings. As motivation, Assemblymember Bauer-Kahan’s office cites demonstrated algorithmic harms in healthcare, housing advertising, and hiring, and...