Thread by @NexusOfPrivacy

Coming up at 8:00 am: the Senate ENET committee hearing on SB 5356, regulating use of Automated Decision Systems (ADS) by government agencies. #waleg

Signins for the hearing: 793 Pro, 19 Con

Here's the live video stream.

tvw.org/video/senate-e…

"What are Automated Decision Systems and why you should care?", a webinar Washington state Chief Privacy Officer Katy Ruckle and I did last year, has background.

The 2021 Washington state ADS Workgroup report goes into a lot more detail. government agency leads, researchers (including me!), and representatives from advocacy organizations came up with consensus recommendations for a path forward.

watech.wa.gov/sites/default/…

"Are you at risk? Discriminatory algorithms in government agencies", an Indivisible Town Hall from last year, has a deeper dive on ADS regulation here in Washington and elsewhere.

And we're off! The Senate ENET committee hearing on SB 5356, regulating use of Automated Decision Systems (ADS) by government agencies is starting now

tvw.org/video/senate-e…

Starting with a staff briefing. Here's the summary from the bill report at lawfilesext.leg.wa.gov/biennium/2023-…

A question from Sen. Wellman: what's the definition, and what technologies are covered? There's a definition, but the specifics are left to the agency.

Bill sponsor Sen. Hasegawa thanks the committee for the hearing. "it's a crucial topic we need to get ahead of -- well we're behind actually."

It should be prioritized. Focus on higher risk.

ADS are complex systems that take data from other systems, each step of the chain should be analyzed. It could be cursory - are we inputing the right data?

Sen. Hasegawa: "I've negotiated with the governor's office until the cows come home." There's close to 800 people signed up for the bill! Talks about his background as a media activist. Reminds us of the classic 1984 Apple commercial.

"We may have created a 1984 rather than smashed it. When knowledge surpasses wisdom, we lose control of how the knowledge is being used."

Talks about history of 2021 bill, encompasses what we need to do to get hands around the problem.

The 2021 bill didn't pass, but funded the ADS workgroup, led by WaTech. Came up with a consensus product, incorporated negotiations ... but that bill went nowhere after multiple redrafts. Ended up with a budget proviso for an inventory. Most agencies didn't respond.

Now feel like we need to put it into statute. The bill in front of you has a very scaled-back version. Gov's office recommended further scaled back. Worked on substitute incorporates governors suggestion, puts almost everything into intent ... Gov didn't even like that.

Sen. Hasegawa refers to WHOSTP's Blueprint for an AI Bill of Rights. Hoping that you'll exec the bill and let us keep working on it. We need to get ahead of this program, afraid we're already too late.

privacy.thenexus.today/blueprint-for-…

A question from Sen. Boehnke. Asks about the accountability - is it looking at AI Bill of Rights as a framework?

Sen. Hasegawa: that would be ideal. Really appreciate giving the bill a hearing.

First witness, @jennifer_e_lee of @ACLU_WA, a member of the ADS workgroup. Strongly supports SB 5356 as a first step. Agencies are using ADS to make critical decisions, deployed without notice or oversight.

@Wenbinters of @EPICprivacy supports talks about how ADS tools are used. "This bill aligns with all the principles and is not overly burdensome." WA has an opportunity to innovate. Requirements are coming in CA, CO, elsewhere. WA should get ahead of it.

Anne Paxton of Unemployment Law Project supports. Use of ADS in unemployment systems gives examples of problems of black box systems. Paging @FrankPasquale! Talks about example in Michigan -- and here, leading to garnishment, seizure, review. More than 1000 people affected

@mpangel139, another member of the ADS workgroup, strongly supports bill. Aligns with workgroup's recommendations. Also highlights the prioritization tool.

@mpangel139 notes that it aligns well with global trends as well, and strikes an appropriate blanace.

Up next, Maya Morales of @wapeopleprivacy, starts by thanking Sen. Hasegawa. The bill comes from a place of love for WA residents, centers the people who are affected, asks us to look at systems. Are they helpful to people in the state? Or do they hinder, and create inequities?

Cyndi Hoenhous, Washington Patients in Intractable Pain, talks about NarcsCare, and ADS for opioid patients. Proprietary algorithm. Targets disabled people - 17% of high scores are false, so people denied treatment. Targets minorities and women.

Hoenhous notes that the system today has no accountability, no transparency. We need boundaries and protections. Strongly supports SB 5356.

Up next Kelly Busey, testifies other on behalf of WASPC. Wants clarity to ensure that tools used by law enforcement isn't caught up. ALPR? Polygraphs?

Next ... me! "The longer we wait to start regulating ADS, the more Washingtonians are harmed. And the longer we wait, the greater the liabilities to the state, and the more expensive it will be to clean it up."

I also echoed Sen. Hasegawa. If a substitute's possible, great. "Either way I urge you to advance something. It’s critical to continue these discussions to identify an achievable, fiscally responsible first step."

And that's it ... looks like I got the last word in! The ENET committee's got an exec session on Friday, when they'll decide whehter or not to advance SB 5356. Stay tuned!

@threadreaderapp please unroll

Another try at regulating Automated Decision Systems in Washington state

Here's a report on yesterday's SB 5356 #waleg hearing, along with extensive background.

FYI @Wenbinters @mpangel139 @jennifer_e_lee @wapeopleprivacy @senbobhasegawa

privacy.thenexus.today/automated-deci…

Also @djpangburn, I started the article off with a quote from your @FastCompany article on the 2019 Washington algorithmic accountability bill. It's still depressingly relevant. FYI @jevanhutson

fastcompany.com/90302465/washi…

And @ToddFeathers I also mentioned your also-relevant (and also-depressing) article for @TheMarkup on why it's so hard to regulate ADS.

themarkup.org/news/2022/01/0…