When a company refers to “whites only,” it doesn’t matter whether it’s written in ink, pixels, words, or code. The distinction is the same. The damage is the same. The legal consequences must be the same.
However, our laws and courts often treat them Distinguish online differently. Because there is no comprehensive federal online privacy law, online entities can collect, use, buy and sell data about our identities and thus discriminate against us. Bipartisan legislation making its way through Congress can now change this.
Everyday life – including finding a job, buying a home, starting a business, and shopping – happens now online. Civil rights in online commerce are just as important as equal opportunity on a personal level.
Existing anti-discrimination laws often don’t help because they were written before the Internet was created. Some, including the 1964 Civil Rights Act, do not cover stores or have unresolved questions about how they apply to online businesses. Others apply only to specific sectors, such as housing and employment, but may not cover new types of algorithmic services that match individuals to these opportunities, or new forms of commerce such as influencers or gaming. Some federal laws do not apply to discrimination based on gender or religion.
Under current federal law, it is legal for Online retailer To charge women higher prices or refuse to sell products to them Christians. Algorithms used in targeting Ads Decision making often leads to unequal results in LivingAnd the RecruitAnd the creditAnd the Health CareAnd the education And the Other companies. Individuals have little recourse to algorithms and artificial intelligence models that reinforce the prejudice and racism that permeate our society as a legacy of historical separation. Consistently, it has been proven that black and brown individuals as well disproportionately affected Through discriminatory uses of personal data.
Meta owner of Facebook, for example, recently Settlement of a civil rights lawsuit The Department of Justice introduced it and agreed to change practices that presented housing ads in a way that discriminated against people of color. Academic research showed that facial recognition technology disproportionately discriminates against black and black people, and specifically misidentifies black women. Amazon sometime consulted recruitment algorithm that penalized resumes to include the word “women’s” and gave lower priority to applicants than two women-only colleges.
All of this can be handled by US Data Protection and Privacy Acta Bipartisan and bicameral effort To protect data privacy and civil rights online. The legislation is one of the most significant developments in federal Internet policy in decades. It would build our civil rights infrastructure to combat discrimination in a data-driven economy. Recently applied off the committee with Overwhelming support: 53-2 . vote.
US Data Protection and Privacy Act Protects civil rights online. Discriminatory uses of personal data are prohibited; Requires bias testing of algorithms that determine access to and eligibility for underlying economic opportunities; requires companies to collect, use, or share data only as much as is necessary to provide the services consumers expect; It provides for reasonable enforcement. Most importantly, the bill allows individuals to sue companies that violate their rights. The Federal Trade Commission, state attorneys general and government privacy agencies will also be able to enforce the law.
There are ways the legislation could be improved, such as adding a requirement that companies use independent auditors to test their algorithms. But overall, the law is a critical step toward ensuring that all Americans have equal opportunities online, meaningful privacy rights, and equal access to online goods and services.
Like any bipartisan bill, a compromise is necessary to enact it. The US Data Protection and Privacy Act prohibits some state laws that address the same issues, while preserving other issues such as civil rights or consumer protection laws.
California has better privacy laws compared to other states, but that doesn’t mean they are really strong and objective. Some in California don’t want its laws repealed. But state laws cannot extend beyond the respective states. Consumers in other nations should not be left vulnerable; The price of achieving protection for all is a unified federal standard. The price is exorbitant, but it is worth it.
Moreover, according to Analysis by privacy advocatesThe proposed federal law is stronger than any state data protection laws, including those of California.
For example, unlike federal legislation, state data laws do not expressly prohibit discriminatory uses of information collected online. It does not require that algorithms be tested for bias or that companies provide consumers with privacy by design. They do not provide the right to sue.
The analysis shows that the federal bill also contains stronger provisions to protect children’s data, track location and health information, and regulate data brokers.
Privacy rights are civil rights. Data privacy laws must ensure that our identity cannot be used unfairly against us. Lawmakers need to protect all Americans by passing the US Data Protection and Privacy Act.
David Brody is a management attorney at Digital Justice Initiative In the Lawyers’ Committee for Civil Rights Under Law.
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