We found two key through lines: Lawmakers and the public lack fundamental access to information about what algorithms their agencies are using, how they’re designed, and how significantly they influence decisions. In many of the states The Markup examined, lawmakers and activists said state agencies had rebuffed their attempts to gather basic information, such as the names of tools being used.

Meanwhile, Big Tech and government contractors have successfully derailed legislation by arguing that proposals are too broad—in some cases claiming they would prevent public officials from using calculators and spreadsheets—and that requiring agencies to examine whether an ADS system is discriminatory would kill innovation and increase the price of government procurement.

One of the biggest challenges lawmakers have faced when seeking to regulate ADS tools is simply knowing what they are and what they do.

Feathers, T. (2022, January 4). Why it’s so hard to regulate algorithms. The Markup. https://themarkup.org/news/2022/01/04/why-its-so-hard-to-regulate-algorithms