CBS News
Colorado is first in nation to pass legislation tackling threat of AI bias in pivotal decisions
The first attempts to regulate artificial intelligence programs that play a hidden role in hiring, housing and medical decisions for millions of Americans are facing pressure from all sides and floundering in statehouses nationwide.
Only one of seven bills aimed at preventing AI’s penchant to discriminate when making consequential decisions — including who gets hired, money for a home or medical care — has passed. Colorado Gov. Jared Polis hesitantly signed the bill on Friday.
Colorado’s bill and those that faltered in Washington, Connecticut and elsewhere faced battles on many fronts, including between civil rights groups and the tech industry, and lawmakers wary of wading into a technology few yet understand and governors worried about being the odd-state-out and spooking AI startups.
Polis signed Colorado’s bill “with reservations,” saying in an statement he was wary of regulations dousing AI innovation. The bill has a two-year runway and can be altered before it becomes law.
“I encourage (lawmakers) to significantly improve on this before it takes effect,” Polis wrote.
Colorado’s proposal, along with six sister bills, are complex, but will broadly require companies to assess the risk of discrimination from their AI and inform customers when AI was used to help make a consequential decision for them.
The bills are separate from more than 400 AI-related bills that have been debated this year. Most are aimed at slices of AI, such as the use of deepfakes in elections or to make pornography.
The seven bills are more ambitious, applying across major industries and targeting discrimination, one of the technology’s most perverse and complex problems.
“We actually have no visibility into the algorithms that are used, whether they work or they don’t, or whether we’re discriminated against,” said Rumman Chowdhury, AI envoy for the U.S. Department of State who previously led Twitter’s AI ethics team.
Different beast
While anti-discrimination laws are already on the books, those who study AI discrimination say it’s a different beast, which the U.S. is already behind in regulating.
“The computers are making biased decisions at scale,” said Christine Webber, a civil rights attorney who has worked on class action lawsuits over discrimination including against Boeing and Tyson Foods. Now, Webber is nearing final approval on one of the first-in-the-nation settlements in a class action over AI discrimination.
“Not, I should say, that the old systems were perfectly free from bias either,” said Webber. But “any one person could only look at so many resumes in the day. So you could only make so many biased decisions in one day and the computer can do it rapidly across large numbers of people.”
When you apply for a job, an apartment or a home loan, there’s a good chance AI is assessing your application: sending it up the line, assigning it a score or filtering it out. It’s estimated as many as 83% of employers use algorithms to help in hiring, according to the Equal Employment Opportunity Commission.
AI itself doesn’t know what to look for in a job application, so it’s taught based on past resumes. The historical data that is used to train algorithms can smuggle in bias.
Amazon, for example, worked on a hiring algorithm that was trained on old resumes: largely male applicants. When assessing new applicants, it downgraded resumes with the word “women’s” or that listed women’s colleges because they were not represented in the historical data — the resumes — it had learned from. The project was scuttled.
Webber’s class action lawsuit alleges that an AI system that scores rental applications disproportionately assigned lower scores to Black or Hispanic applicants. A study found that an AI system built to assess medical needs passed over Black patients for special care.
Studies and lawsuits have allowed a glimpse under the hood of AI systems, but most algorithms remain veiled. Americans are largely unaware that these tools are being used, polling from Pew Research shows. Companies generally aren’t required to explicitly disclose that an AI was used.
“Just pulling back the curtain so that we can see who’s really doing the assessing and what tool is being used is a huge, huge first step,” said Webber. “The existing laws don’t work if we can’t get at least some basic information.”
That’s what Colorado’s bill, along with another surviving bill in California, are trying to change. The bills, including a flagship proposal in Connecticut that was killed under opposition from the governor, are largely similar.
Colorado’s bill will require companies using AI to help make consequential decisions for Americans to annually assess their AI for potential bias; implement an oversight program within the company; tell the state attorney general if discrimination was found; and inform to customers when an AI was used to help make a decision for them, including an option to appeal.
Labor unions and academics fear that a reliance on companies overseeing themselves means it’ll be hard to proactively address discrimination in an AI system before it’s done damage. Companies are fearful that forced transparency could reveal trade secrets, including in potential litigation, in this hyper-competitive new field.
AI companies also pushed for, and generally received, a provision that only allows the attorney general, not citizens, to file lawsuits under the new law. Enforcement details have been left up to the attorney general.
While larger AI companies have more or less been on board with these proposals, a group of smaller Colorado-based AI companies said the requirements might be manageable by behemoth AI companies, but not by budding startups.
“We are in a brand new era of primordial soup,” said Logan Cerkovnik, founder of Thumper.ai, referring to the field of AI. “Having overly restrictive legislation that forces us into definitions and restricts our use of technology while this is forming is just going to be detrimental to innovation.”
All agreed, along with many AI companies, that what’s formally called “algorithmic discrimination” is critical to tackle. But they said the bill as written falls short of that goal. Instead, they proposed beefing up existing anti-discrimination laws.
Chowdhury worries that lawsuits are too costly and time consuming to be an effective enforcement tool, and laws should instead go beyond what even Colorado is proposing. Instead, Chowdhury and academics have proposed accredited, independent organization that can explicitly test for potential bias in an AI algorithm.
“You can understand and deal with a single person who is discriminatory or biased,” said Chowdhury. “What do we do when it’s embedded into the entire institution?”
___
Bedayn is a corps member for the Associated Press/Report for America Statehouse News Initiative. Report for America is a nonprofit national service program that places journalists in local newsrooms to report on undercovered issues.
Watch CBS News
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
Robert Towne, the Oscar-winning screenplay writer of “Shampoo,” “The Last Detail” and other acclaimed films whose work on “Chinatown” became a model of the art form and helped define the jaded allure of his native Los Angeles, has died. He was 89.
Towne “passed away peacefully surrounded by his loving family” Monday at his home in Los Angeles, his publicist Carri McClure, told CBS News in a statement. She did not provide a cause of death.
In an industry which gave birth to rueful jokes about the writer’s status, Towne for a time held prestige comparable to the actors and directors he worked with. Through his friendships with two of the biggest stars of the 1960s and ’70s, Warren Beatty and Jack Nicholson, he wrote or co-wrote some of the signature films of an era when artists held an unusual level of creative control. The rare “auteur” among screen writers, Towne managed to bring a highly personal and influential vision of Los Angeles onto the screen.
Alberto E. Rodriguez/Getty Images for AFI
“It’s a city that’s so illusory,” Towne told The Associated Press in a 2006 interview. “It’s the westernmost west of America. It’s a sort of place of last resort. It’s a place where, in a word, people go to make their dreams come true. And they’re forever disappointed.”
Recognizable around Hollywood for his high forehead and full beard, Towne won an Academy Award for “Chinatown” and was nominated three other times, for “The Last Detail,” “Shampoo” and “Greystoke.” In 1997, he received a lifetime achievement award from the Writers Guild of America.
“His life, like the characters he created, was incisive, iconoclastic and entirely (original),” said “Shampoo” actor Lee Grant on X.
Towne was born Robert Bertram Schwartz in Los Angeles and moved to San Pedro after his father’s business, a dress shop, closed down because of the Great Depression. His father changed the family name to Towne.
Towne’s success came after a long stretch of working in television, including “The Man from U.N.C.L.E” and “The Lloyd Bridges Show,” and on low-budget movies for “B” producer Roger Corman. In a classic show business story, he owed his breakthrough in part to his psychiatrist, through whom he met Beatty, a fellow patient. As Beatty worked on “Bonnie and Clyde,” he brought in Towne for revisions of the Robert Benton-David Newman script and had him on the set while the movie was filmed in Texas.
Towne’s contributions were uncredited for “Bonnie and Clyde,” the landmark crime film released in 1967, and for years he was a favorite ghost writer. He helped out on “The Godfather,” “The Parallax View” and “Heaven Can Wait” among others and referred to himself as a “relief pitcher who could come in for an inning, not pitch the whole game.” But Towne was credited by name for Nicholson’s macho “The Last Detail” and Beatty’s sex comedy “Shampoo” and was immortalized by “Chinatown,” the 1974 thriller set during the Great Depression.
“Chinatown” was directed by Roman Polanski and starred Nicholson as J.J. “Jake” Gittes, a private detective asked to follow the husband of Evelyn Mulwray (played by Faye Dunaway). The husband is chief engineer of the Los Angeles Department of Water and Power and Gittes finds himself caught in a chaotic spiral of corruption and violence, embodied by Evelyn’s ruthless father, Noah Cross (John Huston).
Influenced by the fiction of Raymond Chandler, Towne resurrected the menace and mood of a classic Los Angeles film noir, but cast Gittes’ labyrinthine odyssey across a grander and more insidious portrait of Southern California. Clues accumulate into a timeless detective tale, and lead helplessly to tragedy, summed up by one of the most repeated lines in movie history, words of grim fatalism a devastated Gittes receives from his partner Lawrence Walsh (Joe Mantell): “Forget it, Jake, it’s Chinatown.”
The back story of “Chinatown” has itself become a kind of detective story, explored in producer Robert Evans’ memoir, “The Kid Stays in the Picture”; in Peter Biskind’s “East Riders, Raging Bulls,” a history of 1960s-1970s Hollywood, and in Sam Wasson’s “The Big Goodbye,” dedicated entirely to “Chinatown.” In “The Big Goodbye,” published in 2020, Wasson alleged that Towne was helped extensively by a ghost writer — former college roommate Edward Taylor. According to “The Big Goodbye,” for which Towne declined to be interviewed, Taylor did not ask for credit on the film because his “friendship with Robert” mattered more.
The studios assumed more power after the mid-1970s and Towne’s standing declined. His own efforts at directing, including “Personal Best” and “Tequila Sunrise,” had mixed results. “The Two Jakes,” the long-awaited sequel to “Chinatown,” was a commercial and critical disappointment when released in 1990 and led to a temporary estrangement between Towne and Nicholson.
Around the same time, he agreed to work on a movie far removed from the art-house aspirations of the ’70s, the Don Simpson-Jerry Bruckheimer production “Days of Thunder,” starring Tom Cruise as a race car driver and Robert Duvall as his crew chief. The 1990 movie was famously over budget and mostly panned, although its admirers include Quentin Tarantino and countless racing fans. And Towne’s script popularized an expression used by Duvall after Cruise complains another car slammed him: “He didn’t slam into you, he didn’t bump you, he didn’t nudge you. He rubbed you.
“And rubbin,′ son, is racin.'”
Towne later worked with Cruise on “The Firm” and the first two “Mission: Impossible” movies. His most recent film was “Ask the Dust,” a Los Angeles story he wrote and directed that came out in 2006. Towne was married twice, the second time to Luisa Gaule, and had two children. His brother, Roger Towne, also wrote screenplays, his credits include “The Natural.”
Watch CBS News
Be the first to know
Get browser notifications for breaking news, live events, and exclusive reporting.
