Catch up on stories from the past week (and beyond) at the Slashdot story archive

 



Forgot your password?
typodupeerror
×
The Courts United States Facebook Government

Court Finds Algorithm Bias Studies Don't Violate US Anti-Hacking Law (engadget.com) 52

"A federal court in D.C. has ruled in a lawsuit against Attorney General William Barr that studies aimed at detecting discrimination in online algorithms don't violate the Computer Fraud and Abuse Act," reports Engadget: The government argued that the Act made it illegal to violate a site's terms of service through some investigative methods (such as submitting false info for research), but Judge John Bates determined that the terms only raised the possibility of civil liability, not criminal cases.

Bates observed that many sites' terms of service (which are frequently buried, cryptic or both) didn't provide a good-enough notice to make people criminally liable, and that it's problematic for private sites to define criminal liability. The judge also found that the government was using an overly broad interpretation when it's supposed to use a narrow view whenever there's ambiguity.

"Researchers who test online platforms for discriminatory and rights-violating data practices perform a public service," wrote the staff attorney for the American Civil Liberties Union (which filed the suit "on behalf of academic researchers, computer scientists, and journalists who wish to investigate companies' online practices.") "They should not fear federal prosecution for conducting the 21st-century equivalent of anti-discrimination audit testing."

Their announcement notes it's the kind of testing used by journalists "who exposed that advertisers were using Facebook's ad-targeting algorithm to exclude users from receiving job, housing, or credit ads based on race, gender, age, or other classes protected from discrimination in federal and state civil rights laws."
This discussion has been archived. No new comments can be posted.

Court Finds Algorithm Bias Studies Don't Violate US Anti-Hacking Law

Comments Filter:
  • Um, shouldn't Facebook have mentioned the TOS instead of the Hacking Law?

    • by znrt ( 2424692 )

      Um, shouldn't Facebook have mentioned the TOS instead of the Hacking Law?

      i'm also puzzled at this. all this discussion about discrimination around is completely irrelevant to ... people giving false information to private sites?

      i do that systematically, private sites have no business with my information other than i strictly need them to have, which is very little, period. if i want to be an octopus or a little girl living in tasmania for them then that's what i am for them. so i break the tos? ok, then suspend my account or whatever and cry me a river. but a lawsuit for hacking

  • Bates observed that many sites' terms of service (which are frequently buried, cryptic or both) didn't provide a good-enough notice to make people criminally liable, and that it's problematic for private sites to define criminal liability. The judge also found that the government was using an overly broad interpretation when it's supposed to use a narrow view whenever there's ambiguity.

    So, it is a poorly-written law — ambiguous, and allowing for malicious prosecution and other forms of abuse-of-process.

    "Bias studies" are glorious, so they get a pass — while someone like "Project Veritas" would've had the book thrown at them [thehill.com].

    Law-makers should be required to take a programming course...

  • Fuck the Zuck!
  • by Zak3056 ( 69287 ) on Monday March 30, 2020 @11:38AM (#59888550) Journal

    So, this story is currently tagged "republicandipshit." Of course, the ACLU notes that this lawsuit was filed in June of 2016 [aclu.org] when that arch republican Loretta Lynch was the AG.

    Hyper partisan and ignorant are a bad combination, no matter which side of the aisle you're on.

"The whole problem with the world is that fools and fanatics are always so certain of themselves, but wiser people so full of doubts." -- Bertrand Russell

Working...