How open government can prevent digital redlining

[Graphic from The Markup’s investigation of secret bias.]

On the morning of March 16, the Data Coalition hosted a public forum on how to use artificial intelligence in public sector regulation. As the Coalition notes, Congress enacted the National AI Initiative Act and the AI in Government Act in 2020, which required the Biden administration to launch of the National AI Research Resource (NAIRR) Task Force. The following remarks focus upon how open government can prevent digital redlining, as prepared for delivery in six minutes or less.

Today is National Freedom of Information Day, chosen in honor of President James Madison’s birthday, often cited as a founding father of open government in the United States. https://themarkup.org/denied/2021/08/25/the-secret-bias-hidden-in-mortgage-approval-algorithms

This public forum is happening during Sunshine Week, when we celebrate the public’s right to know and access to information.

That gives us a wonderful opportunity to talk more about how government transparency and disclosure can accelerate artificial intelligence (AI) while protecting privacy, security, and human rights.

As law becomes encoded by technology, code has become law. 

Accelerating AI in the public sector must not come at the expense of human rights, civil liberties, or the public’s right to know, which are central to democratic societies.

AI will be part of everyday life, but public sector algorithms have special importance: people don’t have a choice. From making unemployment decisions to getting loans to parole hearings to education and work, code is going to govern how we live, work, play, learn, and govern.

Public sector algorithms must be auditable to ensure that existing inequity and injustice is not codified in a rush to modernize. 

Open data and open source code can reveal and check algorithmic bias and racial, gender, or religious discrimination in public services, accommodations, and access to information.

Over the last five years, other nations have enacted laws and regulations that focus on the transparency, participation, and accountability of public sector algorithms, from France to the  Netherlands to New Zealand

In France, the Digital Republic Law mandates transparency of government-used algorithms. Public agencies are required to publicly list any algorithmic tools they use, and to publish their rules.

Imagine Congress ordering federal agencies to do so at Code.gov, and OMB forcing the issue.

Imagine an explicit extension of the Freedom of Information Act to code and meta data.

Imagine investment in the human and technical capacity of the SEC, FEC, & FTC to audit the use of AI across societies.

Imagine every city, state and democratic nation joining a global open algorithms network and committing to engaging everyone governed by code and upholding the rights of the people in these new systems.

Imagine a democratic vision for AI in the public sector that centers on human rights and the needs of the public to know in order to be self-governing, instead of authoritarian coercion, control, secrecy, opacity, and secrecy

The federal data strategy was part of the 4th National Action Plan for Open Government for the Open Government Partnership.

How many of you have ever heard of it? Please ask your colleagues in government when the General Services Administration and White House will begin co-creating a 5th plan that includes commitments on AI and democracy.

This Sunshine Week, please commit to pushing our government of, by, and for the people to collaborate WITH the people in developing legislation and rules that govern its use, codifying our “bill of rights” into the technologies we develop and use every day. 

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Shadows and celebrations for Sunshine Week 2019

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Sunshine Week 2019 may officially begin on March 10, but it’s unofficially kicking off tomorrow with the National Freedom of Information Day Conference at the Newseum in DC.

For those unfamiliar with this annual celebration of open government around the United States, Sunshine Week was founded over a decade ago by the American Society of Newspaper Editors, who now support it with the Reporters Committee for Freedom of the Press.

Sunshine Week always falls around President James Madison’s birthday on March 16. Madison is generally regarded as the forefather of open government in the United States, as evidenced by this memorable letter in 1822:

madison letter

“Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives,” he wrote.

In 2018, the “information darkness” of the Trump administration led to ignominy, from the Electronic Frontier Foundation’ “Foilies” to the Society for Professional Journalists’  Black Hole Award to the National Security Archives’ Rosemary Awards.

In 2019, transparency and accountability have taken on additional context during the Trump administration, which has continued to be allergic to transparency, rife with conflicts of interest, and hostile to the essential role journalism plays in a democracy. When the President of the United States repeatedly calls journalists “the enemy of the people,” a disinformation virus is weakening our body politic.

Despite the enactment of a historic open government data bill, the state of open government (data) remains divided, at risk, and underfunded in the United States.

After years of delays and democratic regression, the US government released a weak open government plan for the Open Government Partnership that was not responsive to the demands of this moment. The Open Government Partnership’s researchers found backsliding in the USA

Representative Elijah Cummings, D-Md, and Senators Chuck Grassley, R-Iowa, Patrick Leahy, D-Vt., and John Cornyn, R-Texas, recently sent a stern letter to the Interior Department reprimanding the agency for its efforts to weaken its FOIA regulations and urging it to reconsider the rule change. The proposed rule changes which garnered more than 65,000 comments – include allowing the DOI to preemptively reject what it defines as “unreasonably burdensome” requests, the possibility of imposing a monthly limit to the number of either pages or requests from a single requester the agency will process, and a host of other changes that may make it more difficult to obtain fee waivers and expedited processing.

The bipartisan group of lawmakers, all seasoned FOIA champions, told the Interior Department, “We write to express significant concern with the rule recently proposed by the Department of the Interior (DOI) concerning its Freedom of Information Act (FOIA) procedures. The proposed rule appears to restrict public access to DOI’s records and delay the processing of FOIA requests in violation of the letter and spirit of FOIA. The American people have the right to access information from DOI, and the proposed rule needlessly encroaches on that right.”

The context for oversight of open government at the national level for this year, however, is different. 2018 midterm elections delivered a 116th Congress that brought with it a commitment to oversight that was sorely lacking in the last session. A core element of that oversight has been public hearings that hold public officials and corporate executives accountable for their service or services.

That will continue next week, when, as has been the tradition in past years, the U.S. House Oversight Committee will be holding a hearing during Sunshine Week in 2019, considering the Freedom of Information Act and transparency under the Trump administration.

There will be many other Sunshine Week events around DC as well. The Department of Justice’s awards for FOIA officers. The National Archives celebrating the 10th anniversary of the Office of Government Information Services (aka the federal FOIA ombudman) during the day on March 11. That night, there will be a panel discussion on how to obtain and improve coverage of climate data at the National Press Club hosted by its Journalism Institute and Freedom of the Press Committee.

There will be a DC Open Government Summit and a forum on science in the Trump era put on by the Government Accountability Project, the Union of Concerned Scientists, and the Sunlight Foundation’s Web Integrity Project on the evening of March 12.

Despite the threats to American democracy at the federal level and ongoing challenges to open government in the states and cities, there’s still much to celebrate in 2019.

The free press, independent judiciary, and watchdog organizations have continued to provide transparency when elected officials and civil servants have tried to make decisions in secrecy, shedding light on corruption, fraud, waste, abuse and incompetence.

Their combined efforts to bring in sunshine in government across American civil society have been a bulwark against tyranny and corruption in the United States and around the world. Thank you to everyone who continues to support, defend and extend the public’s right to know in the 21st century.

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