Deceptive Patterns
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Null Compliance: NYC Local Law 144 and the challenges of algorithm accountability

Author
Lucas Wright, Roxana Mika Muenster, Briana Vecchione, Tianyao Qu, Pika (Senhuang) Cai, Alan Smith, Comm 2450 Student Investigators, Jacob Metcalf, J. Nathan Matias
Date
3 Jun 2024
Publisher
Conference on Fairness, Accountability and Transparency
Focus
Law & Policy
Category
Academic Scholar

The findings offer important lessons for policy-makers as they consider regulating algorithmic systems, particularly the degree of discretion to grant to regulated parties and the limitations of relying on transparency and end-user accountability.

In July 2023, New York City became the first jurisdiction globally to mandate bias audits for commercial algorithmic systems, specifically for automated employment decisions systems (AEDTs) used in hiring and promotion. Local Law 144 (LL 144) requires AEDTs to be independently audited annually for race and gender bias, and the audit report must be publicly posted. Additionally, employers are obligated to post a transparency notice with the job listing. In this study, 155 student investigators recorded 391 employers’ compliance with LL 144 and the user experience for prospective job applicants. Among these employers, 18 posted audit reports and 13 posted transparency notices. These rates could potentially be explained by a significant limitation in the accountability mechanisms enacted by LL 144.