In April, the FTC published valuable guidance on how existing law applies to the use of AI and ML. The rules of thumb are:
- Be transparent.
- Explain your decision to the consumer.
- Ensure that your decisions are fair.
- Ensure that your data and models are robust and empirically sound.
- Hold yourself accountable for compliance, ethics, fairness, and nondiscrimination.
The sub-points in each of those sections are worth a deep read, and we imagine that they will provoke robust discussion in the business teams that provide the assurance for all of these considerations. There are many implicit areas for future regulatory attention, ranging from the effect of third-party data on consumer reporting to the implicit bias that emerge from apparently unbiased data like zip codes.