Latest / The Road to Accountable AI / Trey Causey: Is Responsible AI Failing?
Transcript
- 0:01Trey. thanks so much for joining me on the road to Accountable AI.
- 0:07What would you say is the biggest thing that people on the outside don't understand about the practice of responsible AI or AI governance?
- 0:18Yeah. I think there's really two things that kind of intersect actually. and I guess for one.
- 0:22The first is this is just. you know. brand new technology and exposing kind of problem and you can say like impact services or problem areas in ways that we've never seen before.
- 0:32So. you know. before when you were building traditional software. if you wanted someone not to do something in your software. you just wouldn't enable that functionality.
- 0:40And now you have these general purpose models like LLMs that are powering things that by design enable kind of. you know. whatever you would like to do.
- 0:48The other thing I think is there's so much attention paid to AI right now and the dialogue is so heated and charged and there's a lot of polarization and there's a lot of
- 0:58expectation that we are further along in how to regulate and govern and use this technology than we are.
- 1:05And so those two things together is kind of a potent mix. right?
- 1:07And I think a lot of people outside don't understand that we're working really hard to make sure we're developing and deploying safely here. but it's really brand new territory.
- 1:18What can you do to address those fundamental problems that it's such a general purpose technology and some of these systems are non-deterministic?
- 1:27Yeah. it's a great question.
- 1:28mean. I think uh some of it is. is unknown still. right?
- 1:31We have this. you know. we have a lot of guardrails we can build into.
- 1:35can build technical solutions. observability and uh moderation. detection of bad behaviors. things like that.
- 1:43And of course there's the political solution of regulation and so on. we actually don't know how to perfectly deploy these systems yet.
- 1:51uh And so in a lot of ways. like we have to think about what
- 1:55how we design the software. who's involved in designing the software. who's involved in building it. how we kind of take into account humans and how they use software throughout.
- 2:03It's a software development lifecycle problem kind of end to end.
- 2:06But even at the end of that. you can be the most careful developer. the most well-governed and kind of accountable organization. and you're still fundamentally dealing with models
- 2:14that are quite unpredictable sometimes.
- 2:17You wrote an essay recently. which is the reason I wanted to talk to you now. that was called Responsible AI is Dying. Long Live Responsible AI.
- 2:25And I found a lot of what you said there really compelling.
- 2:27Let me first just ask you what motivated you to put out that piece.
- 2:32Yeah. it's actually something I've been stewing on for a while.
- 2:35I recently left a role as the head of Responsible AI for Indeed.
- 2:39And I didn't want it to seem like it was a commentary on Indeed because it wasn't.
- 2:44was a commentary kind of industry-wide.
- 2:46But through talking to my peers in Responsible AI and AI governance and through watching how these things unfold. uh I'm just getting the sense. the growing sense that we haven't
- 2:58yet figured out how to...
- 3:00really build robust. responsible AI organizations. or if that even is a thing we should be building to answer your previous question around how do we do this responsibly and
- 3:09effectively?
- 3:10I think what I saw was really large variance and influence of organizations across industry.
- 3:18We saw really differing approaches to governance. sometimes very compliance and regulatory focused. sometimes very much more on the kind of humanistic and ethical and kind of social
- 3:28justice side of things.
- 3:30And regardless of those approaches. what I often saw was a conflict between the business and the intent to kind of govern the space.
- 3:39And I mean. that's the story is all this time. obviously.
- 3:41But I think because this space is so new and so much is being asked of these small organizations. these responsibly I organizations. I think it was. I wanted to kind of. you
- 3:53pull back the curtain a little bit to show like. hey. there's a lot of problems here for how these things are moving.
- 3:57And I'm not sure that we've settled on the model yet for how to be effective.
- 4:01I still fundamentally believe in the missions of Responsible.
- 4:04I still think it's something we absolutely have to do. but I'm watching as companies divest from their OpenAI. from their Responsible teams and as they kind of downsize and.
- 4:14you know. I kind of jokingly said it in the piece. but I meant it like.
- 4:18It's very rare that people that have AI in their job title right now are getting laid off. but that's not true for responsible AI organizations.
- 4:24so. repealed preferences and so on.
- 4:27mean. it seems like either the value is not being seen or it's not being seen as important.
- 4:31So. why don't you maybe start a conversation around that.
- 4:34And here we are.
- 4:35think you did.
- 4:36Absolutely.
- 4:36It's really important one.
- 4:37I want to get into the specific points you make. but let me first just ask about something you said that there is this tremendous variance in terms of how organizations are going
- 4:45about this activity. how they talk about it. how they describe it.
- 4:49Is that a feature or a bug. especially given the newness of it?
- 4:53Shouldn't we have a lot of experimentation as opposed to saying we know the one way for every company to do responsible AI?
- 5:00Absolutely.
- 5:01I think that's really. that really is a feature.
- 5:03And the reason I even highlight it is when I see that they're kind of equally being hit in terms of downsizing and kind of lack of influence. which kind of suggests to me that it's
- 5:12not necessarily the organizational model or approach that is the. that's kind of what's driving the disconnect that I'm seeing.
- 5:18But. but I do think you're right.
- 5:19Like we haven't landed on it is brand new.
- 5:21uh There's a lot of competition and the kind of marketplace of ideas in this space.
- 5:25So you have the AI safety folks.
- 5:27who tend to be a little more focused on existential risk and super intelligence.
- 5:31have the kind of very. you know. AI ethics folks. which tends to be more academic and very much focused on systemic social issues.
- 5:37I think responsible AI floats in the middle somewhere with. you know. uh security and privacy touching those pieces as well.
- 5:44And so I do think a variety of approaches will be needed.
- 5:48uh I also think when budgets are up and reviewed and hiring and laying off is done. one of those viewpoints is going to win ultimately.
- 5:57I'm not sure what it is.
- 5:58Yeah.
- 6:00The first point that you make is about technical competence. or at least the lack thereof in a lot of responsibility I teamed.
- 6:06Why is that so important?
- 6:08Yeah. you know. this is actually something that I was reluctant to believe for a while.
- 6:12Uh. it's something that I like personally had a bias for because I come from a data science background. I worked in machine learning engineering and kind of. and coming from
- 6:20that.
- 6:20So in cognitive in the fact that I might just be saying like. Hey. you should do what I do because that's right way to do it.
- 6:25Uh. but. but I think what I ended up seeing in my own. uh. kind of work as well as talking to colleagues is being able to really work closely with the engineers and product teams
- 6:36that are developing. deploying those models.
- 6:38is it like being able to help build the solutions to build those things responsibly is really important.
- 6:44Being able to kind of pitch in at their level. speak their language. et cetera.
- 6:48Like not only is there like a credibility component to that. which is real. don't get me wrong.
- 6:52Like there's also just a. hey. I know you can't prioritize this because you're trying to build the features that are going out right now.
- 6:57So let me help you by building the scaffolding that you can ship these things with.
- 7:01Let me help you by building the testing and evaluation frameworks that you can ship these things with.
- 7:05And then that's going to help you ship faster and more confidently and so on.
- 7:08And that was actually what really landed.
- 7:10And when I've talked to some of my peers in the industry and the responsibility industry. they would often say like. wow. that's. like a really different approach to go that way
- 7:19rather than kind of other ways.
- 7:21And really impressed to see how you've made it happen.
- 7:23Cause I think there was some skepticism that we could do that.
- 7:26And I'm proud of that.
- 7:29What was your pathway to get into doing this kind of work?
- 7:33Yeah. you know. it's interesting.
- 7:34I kind of stumbled into it.
- 7:36So I was a sociologist originally and I did computational sociology. which is something not a lot of people know about. but you know. I use natural language processing to answer
- 7:45social questions.
- 7:46And that was 15-ish years ago now.
- 7:49I was in my PhD program during 2008 as an academic.
- 7:52You probably understand the implications of that for academic jobs.
- 7:56And luckily at the time. this thing called data science was popping up and I said. hey. like I'll give it a shot.
- 8:03And so actually didn't do much with responsible AI for a while.
- 8:09And then a gentleman that I managed. Dan Tabor is his name. he's now at Spotify. brought it up as an idea to Indeed.
- 8:17we said. yeah. this is great.
- 8:18And this was six years ago. five. six years ago.
- 8:20And he said. great.
- 8:21And he ended up leaving.
- 8:22And it was one of those situations where I was like. you know. I think. I think I have a lot to offer here.
- 8:26And if nothing else. I know how to build teams and how to start things up new.
- 8:29And then it just kind of became the more I did it.
- 8:32the more I realized this was something that I could offer and I could drive at the company.
- 8:37I understood the company well enough to have the influence to have like the seat at the table and make things happen.
- 8:44So a little bit of a full circle. know. like I spent a lot of my life thinking about things like inequality and social change and things like that and sociology.
- 8:53Didn't think about it for a while and then kind of came back full circle.
- 8:57And talk a little bit more. you alluded to some of the things that you were able to do at Indeed in terms of actually bringing that technology expertise in.
- 9:06Yeah. sure.
- 9:06So. uh. you know. we had this kind of model of working. was we had data scientists and engineers and researchers on our team.
- 9:13They would kind of approach things as research in some ways. like how would we identify bias in a model or how would we. how would we moderate the output of an LLM or something
- 9:21like that?
- 9:21And kind of would build in a researchy way. the code to do that.
- 9:25And then we kind of proved that it worked and it was like. okay. well we have hundreds of models.
- 9:29Uh. we probably need to do this in an automated way.
- 9:32So let's automate these analysis that we did.
- 9:34And then once that kind of worked. we say like. you know. this could probably be something that we could ship to the rest of the company and like through an API or something. you
- 9:40know. a library they can. they can embed.
- 9:42And then it would go to that.
- 9:44So we kind of just continually did that research automate scale.
- 9:49And so we had. you know. a variety of things bias analysis for sure.
- 9:54Uh. LLM guard rails and moderation for sure.
- 9:56Um. all of those things kind of working at really large scales with the kind of data that you see at a large internet company.
- 10:03And that was generally our approach for almost everything we did.
- 10:06Now we did a lot of like one-off analysis and. you know. advising and things like that as well.
- 10:10But anytime we could. we thought of how can we turn this into a tool that if you were an engineer. you could just reach for and use.
- 10:18Isn't the endpoint though that those become tools that someone just builds and sells into companies as opposed to every responsible A group having to build it themselves?
- 10:28Yeah. absolutely.
- 10:29I mean. I think there is a lot of that.
- 10:31And don't get me wrong.
- 10:31I looked at plenty of vendors and we engaged with vendors and bought their tools sometimes too.
- 10:36know. every tech. it's like an anti-coronavirus problem.
- 10:39Every tech company has their own infrastructural issues that require uh specific integrations.
- 10:44And so sometimes it's easy to build things yourself.
- 10:47But it was also true that when we were doing it. there weren't a lot of vendors selling these things.
- 10:52And so we were kind of first movers.
- 10:54And it was also the case that the things that were being sold were very much
- 10:57not at the level of rigor that we wanted necessary for work.
- 11:01And because indeed is a. know. jobs. you know. matching employment marketplace. like that's a highly regulated space.
- 11:07And so a lot of times the level of rigor we wanted to achieve just to even kind of operate in that space was not something we could ask a vendor to do necessarily.
- 11:18Is there anything that's fundamentally different though about AI versus other kinds of technology risk and governance that companies deal with cloud computing and software as a
- 11:29service and data governance and so forth?
- 11:32Is this a. you think an AI issue or should all of those be more technically driven?
- 11:38Well. if I look at the kind of really successful places where those things are run. you kind of have the two options.
- 11:43have the compliance focus. which is often. you know. lawyers and policy experts and so on.
- 11:48And then you have the implementation side. which is often engineers.
- 11:50So if I think of like. you know. DevOps became SRE in production engineering at places like Meta and Google and so on.
- 11:59It's actually pretty similar trajectory.
- 12:01would say is that we actually were more successful when we found we had engineers who specialized in this area.
- 12:07and we have privacy engineering now and you know. all these things too.
- 12:10I don't think one obviates the other.
- 12:14You absolutely still need the legal and compliance side of things.
- 12:18The other thing I would say though too is we sometimes use legal and regulatory and governance and accountable all as kind of synonyms.
- 12:27They all mean different things.
- 12:29And I don't have to tell you as someone who went to law school. but lawyers are there to protect the company and make sure they're not breaking the law.
- 12:35They're not there to...
- 12:37advocate for user interests or make sure we're following best practices or anything like that.
- 12:40um You know. they have enough on their plate already.
- 12:42And so having that domain expertise is also really important.
- 12:46um But I think TBD. how much AI is really different. right?
- 12:52Like I do think the non-deterministic part of it is pretty large.
- 12:56And I think there's a level of certainty that maybe you can get in other domains that you can't get an AI.
- 13:02uh
- 13:03And we're expecting it. like I said. we're expecting it faster than we did in other domains. but you know. that could all change.
- 13:08It's a very fast moving field.
- 13:10yeah. absolutely.
- 13:11So second point you make in the essay is that the failures of responsible AI people see and the successes they don't see.
- 13:18You don't get credit that you prevented something bad from happening in a company.
- 13:22So I guess I had the same question.
- 13:24Why is that a particularly AI problem?
- 13:27don't think it's actually particularly a problem.
- 13:29think that that actually is a problem or. you know. potentially uh a uh characteristic of any kind of governance organization.
- 13:37I think. and maybe this gets two points later in the essay. responsible AI is a field kind of positioned itself a little differently. I think. than potentially security. privacy.
- 13:46other functions that they position themselves as more proactive as like. we're going to make the software better for people. we're going to instill the right. you know. values
- 13:55and principles and so on.
- 13:56so
- 13:56That kind of proactive stance in a way is their own undoing or our own undoing in a lot of ways. because I think you're like. well. what are you doing to make it better then?
- 14:04Like. it sounds like. you know. this bad thing happened.
- 14:05You didn't stop that.
- 14:06And that's of course an unfair comparison because you can't see the good things that were prevented.
- 14:11But I do think positioning yourself as. the. we're going to make things better group can be a challenge.
- 14:17Does that make sense?
- 14:18Yeah. absolutely.
- 14:20Are there metrics or KPIs or something that a responsibility group can use to service more of the benefits they're creating?
- 14:29I think the closer you can get to the core business metrics. the better off you're gonna be.
- 14:33Like I don't think. you know. bad things avoided is a metric you can really track and it's. you you can't measure a counterfactual sometimes.
- 14:42I kind of jokingly one time asked if maybe we could track the number of. you know. the amount of money we would lose and find if we were found in violation of a law.
- 14:50And I was told I couldn't do that because that might be seen as we were thinking about not complying with the law and we didn't want that to happen.
- 14:55And we never were thinking about not complying.
- 14:57yes.
- 14:58Yes. exactly.
- 14:59uh But that up and to the right metric is like. is really hard to find for a lot of things.
- 15:04And so I do think that's in the kind of OKR. KPI driven world that we're in right now.
- 15:11That's a real challenge.
- 15:12And if you look at other kind of hard to measure functions like design. design has struggled with this for a long time. right?
- 15:19What's our up and to the right?
- 15:20Like. yes. we can measure revenue and so on. but we don't know how much of that was because of the design and so on.
- 15:24uh And they've kind of faced similar uh
- 15:28struggles. although we all have a kind of intuitive sense that design matters for product development and so on and so forth.
- 15:33But it took a long time to kind of make that case.
- 15:36Is the answer then for a responsibility eye group to just reframe to not have the perception be that that's what they have to do?
- 15:44It's a good question.
- 15:45think that might be part of it. right?
- 15:46I think in some sense there is a line in the sand that your company's leadership draws to say. we believe in doing what's best for our users.
- 15:55We believe in not being biased.
- 15:57We believe as much as possible.
- 15:58We believe in trying to make all the right choices that we can.
- 16:03uh And if there's not a regulatory uh impetus for them to do that. then it really does become what's the company's values and how are you going to embody those values?
- 16:13Sometimes that is just what it is.
- 16:15I'm not going to say that's going to be everywhere.
- 16:17And maybe it is also the case that. you know. we will find those metrics.
- 16:20My. my old organization. we would celebrate our ships of tools and. and APIs and everything. just like another engineering team would say. like. you're the things we
- 16:27delivered.
- 16:28ah And of course there are steps removed away from revenue and so on. but that was a little easier. I think. for leadership to grok then we. we made sure that we're. we're
- 16:37acting. you know. ethically. and that's. can be hard to swallow.
- 16:39I think from a financial standpoint. sometimes.
- 16:42Yeah. absolutely.
- 16:44The third point that you make. and I love the title for this section. was epistemic overreach and the lack of product market fit.
- 16:50And especially for me as a business school professor. uh I know people who use terms like epistemic and I know people who use terms like product market fit. but they usually have
- 16:59the same person.
- 17:00So I'm really curious how you thought about and put those two things together.
- 17:04It's a funny point when you put it that way.
- 17:06I hadn't thought about that.
- 17:07I think sometimes when you're kind of like deep in the AI community. it is one of like the more academic crossover communities that you find in tech.
- 17:13And so like there are a lot of PhDs and former non-PhDs and grad school dropouts.
- 17:18And so I think you hear these kinds of words more than you might hear in normal kind of engineering circles.
- 17:25Also. I think because there's just been a lot of ink spilled about what the epistemic foundations of responsible AI and AI safety and AI in general are.
- 17:34I have random people who I think five years ago wouldn't know what AGI is. asking me what I think about specific arguments about AGI sometimes.
- 17:43And so I think these words are leaking into uh the zeitgeist as a result.
- 17:48But I think they're actually very related for me. right?
- 17:51Like getting back to that. here's what responsible AI said it was gonna be. and here's what we said we were about and the problems we were gonna solve.
- 17:58And it touches every part of the business and its design and its engineering. its privacy. its safety. and so on.
- 18:04ah That's kind of the epistemic overreach thinking that one group can kind of set the tone across many other disciplines.
- 18:11I am speaking very broadly here.
- 18:13Like I don't think there's one person sitting out there saying like. I think we're going to do all this. you know. painting with a broad brush.
- 18:18ah And then at the same time. there wasn't a demand for that necessarily.
- 18:21ah And so like a lot of companies. like they don't need an overall person to tell them if things are going in the right direction or not across the board.
- 18:29They need them to say like. here's what we need to fix.
- 18:31Here's how we're to fix it.
- 18:32here's how we're gonna develop it.
- 18:34And so I think when we were in the zero interest rate phenomenon era of a years ago. it was a very lofty thing to have those kind of broad thinking. very ambitious. epistemically
- 18:47ambitious groups.
- 18:49And that became harder to swallow. I think. when money was no longer free.
- 18:55Yeah. does that mean then. again. is the answer you create a responsibly i group that just very narrowly defines its function?
- 19:04I think the answer is maybe the opposite of that. which is you try and embed responsibly eyes of many functions.
- 19:09and I think. you know. that's. you can't do that just. you from. you can't start from zero there.
- 19:17Like you probably do have a responsibly I group that sets the tone and helps drive things.
- 19:21But I think asking that one small group of people to kind of own that entire space as companies scale. as they're building more. as AI enables them to build even more.
- 19:29Uh. I think that's unrealistic.
- 19:31And so I think it comes down to how do we.
- 19:33going back to the values part. like how do we make sure we have a set of values?
- 19:36These are the things we believe about what we should and shouldn't do with AI.
- 19:39And here's how we bake that into how we develop software.
- 19:43Now. other disciplines have done this successfully.
- 19:46mean. human centered design is a good example of this.
- 19:48Like I think even mobile first is a good example of this.
- 19:51I I was at Facebook not long after the mobile code read when. you know. it was decided like. my God. mobile is actually a thing. more than half our traffic's here.
- 20:00And like now everybody gets an Android feature phone to try and figure out like.
- 20:03how to use Facebook on it.
- 20:04ah And so I do think it's possible.
- 20:07It's just we're like with everything with AI. we probably shouldn't be having this conversation yet because like the industry so new and it feels so new and yet it feels
- 20:16like it's overdue at the same time.
- 20:18And so I think that's kind of where we're at.
- 20:20And I think to the epistemic overreach part. if you make the responsibility. not to overlay the term. of how AI goes at a company and the kind of purview of a small group of
- 20:30people. that also kind of like.
- 20:32divest the agency of the rest of the company to also have a hand in that too. you know. and they feel like I'm going go to them. make sure they sign off and then I'm going get
- 20:40back to doing my thing.
- 20:40And so I think there's actually kind of a counterintuitive effect there of. of they're watching it.
- 20:45I don't need to worry about it.
- 20:46Let's let me just do my thing.
- 20:49I hear this a lot from people in this area. which makes a lot of sense that ultimately responsibility needs to be driven throughout the business.
- 20:58It can't just be up somewhere in one group.
- 21:00But there's not a lot of people out there like you who have data science expertise. sociology expertise. and thinking about these big normative questions.
- 21:09So are there things companies can do to really promote that activity throughout the company?
- 21:15Yeah. this is tough enough to crack.
- 21:17feel like on the one hand. I feel like there's lots of resources out there. right?
- 21:20Like so in the hiring space. Indeed got together with LinkedIn and ADP and Workday and the Future Privacy Forum and actually produced a set of best practices for AI and HR.
- 21:29Said. here's. you don't have to hire a responsible team to come up with these. like. here you go.
- 21:33And to get Indeed and LinkedIn and ADP and Workday to all agree on something is like no mean feat. right?
- 21:39So I think those kinds of best practices exist.
- 21:43I do think...
- 21:44it's harder when you start evaluating vendors who are saying they're going to solve your problems for you. or you don't incentivize acting responsibly within your performance
- 21:54management system or something like that.
- 21:56so there really is a. there's like a cultural component. there's like an incentive component. and there's also an education component.
- 22:02And all when you hear those three words together. you don't hear like quick change.
- 22:07You're like. oh. this is going to take a long time to implement and so on.
- 22:10That doesn't mean it's not the right choice though. I think.
- 22:15As you mentioned. employment is a very regulated area and it's an area where there's been a whole lot of attention for a long time to questions about. with regard to AI and
- 22:25analytics. bias. explainability. and so forth.
- 22:28Can you talk about any of the more distinctive things that you were involved with and indeed in terms of doing AI governance in that sector?
- 22:37Yeah. absolutely.
- 22:37I mean. we had a very rigorous evaluation procedure for our models.
- 22:41uh Before there was any regulatory burden to treat AI any differently. we had bias evaluations in place.
- 22:49We asked job seekers to self-identify with their demographic information so that we could use real data. evaluate how these models were behaving with respect to various groups. uh
- 23:00and really did a really rigorous practice.
- 23:03So like to give you a sense for how rigorous that was for every bias analysis we did.
- 23:07we would write up a design document.
- 23:09That design document would have what's our definition of bias. because as it turns out. it means a lot of things.
- 23:15How are gonna measure it?
- 23:16What are the decision criteria?
- 23:18Like. how will we know if we've detected bias or not?
- 23:21How are we controlling for false positives?
- 23:23How are we setting kind of power and things like that appropriately?
- 23:26And then everybody involved. like legal. us. the product teams. would all sign off on that before we did any analysis. any work. any data collection as well.
- 23:34So I was kind of said like.
- 23:36You can't. you know. bet on roulette. like after the wheels stopped turning.
- 23:38And so you also can't define bias after you've started looking at the data.
- 23:42And so we always took like a really rigorous approach to like. we're all agreeing this is what we're going to do if we find X. Y. or Z.
- 23:49And I felt that that was really like. it's not innovative. it's just science. but like. you don't find a lot of like pure science sometimes in industry.
- 23:57And so I was really proud that that was the approach we took.
- 23:59And then we turned that into automatic APIs and so on and so forth so that we could increase our coverage of our models.
- 24:04And so then when regulation came along. was often not difficult to comply with it.
- 24:11The first point that you made though about defining bias. uh as you note. is not a simple matter and they're different tests and in some cases they're formally inconsistent and
- 24:21they're trade-offs.
- 24:22uh By definition. yeah. so how would you work through those questions where there were multiple choices. all of which could be a reasonable way to define fairness?
- 24:34It's a really good question.
- 24:35um One of the things that we always tried to do was take the perspective of the user. the job seeker. to say like. what's the worst kind of error the model could make. right?
- 24:46And so. you we all like. if you've taken an insurance stats class. you've heard of the like. would you rather your smoke alarm chirp a little too often. or would you rather like
- 24:55the automatic pilot. you know. disengage too often?
- 24:57And so like. those are different kinds of errors and false positives and false negatives matter differently.
- 25:01And so we would always kind of take the perspective like.
- 25:04what would deny an opportunity unfairly or what would potentially send the signal that a job seeker is not as qualified as they were incorrectly and then kind of work backwards
- 25:15from there to say. this. because of this. this is the kind of metric we're gonna use.
- 25:18And then some of it was determined like empirically like. it's this kind of number. it's a score. it's a category.
- 25:23So you had to pick like specific statistical tests to work with that.
- 25:27uh And then we would use best practices for determining effect size.
- 25:31And those often came from things like the four fifths rule.
- 25:33and other regulations say like. you know. this would stand up in most legal arguments as kind of prima facie. you know. bias.
- 25:40And so like. let's make sure we meet that as well.
- 25:43ah There was. that was actually one of the most contentious parts of the design process though. was defining that and making sure this was the right number.
- 25:50And what happens if the numbers. know. cause we would often have multiple measures and what do do if they disagree and who makes that decision and so on.
- 25:58So ah that was.
- 26:00That's still an open question. I think. for a lot of people.
- 26:02And I went to several events with EEOC attorneys and so on.
- 26:07And they would even say. as we all know. the Four-Fifths Rule is not a law.
- 26:11It's a heuristic.
- 26:12And they would say it's often not even the most important heuristic.
- 26:15And yet. it's the best we have to go
- 26:18Yeah. and people don't know that's the. as you said. the heuristic in US law that if the difference is basically more than 20 % between the two groups. that's initial indicator
- 26:28that there's bias.
- 26:29yeah. but as you say. people just sort of take that as a given and yet it's just a guideline.
- 26:37What do you think about the very. yeah.
- 26:42But it's clear. right?
- 26:43mean. 80 % is something that everyone can see.
- 26:47em Some of the efforts to legislate in this area. like New York City has this local law 144. they basically said do an adverse impact analysis and so you can see. for example. em
- 26:57what's your take on that and some of the other efforts to legislate and regulate in this area?
- 27:04I think. I think local L144 was a well-intentioned law that. that really went through the wringer in a lot of ways.
- 27:12And I think what came out. a lot of people. including industry and the regulators are not super happy with the actual final product.
- 27:22And I think both sides will say it's the other side's fault why it ended up looking like that.
- 27:26I thought it was a good first pass.
- 27:28The thing that I found potentially frustrating about it was
- 27:32how prescriptive the analyses were in some sense.
- 27:34And when I say that. it's because I actually think we did more rigorous analyses sometimes. and that can create friction with your legal department.
- 27:43So like. it doesn't say to do that. it says to do this.
- 27:46And so then you have to make your decisions.
- 27:49And I think specifically with the. this is gonna get very wonky. but like the continuously valued outcome variables. so like rather than a categorization. but like a score. the
- 27:59analysis proposed there doesn't.
- 28:01make total sense to me statistically.
- 28:03And I think others have raised this question as well. but now that it's kind of encoded into law. like we're doing that analysis and I'm not sure it's actually making the systems
- 28:12any fairer.
- 28:13And so that for me is kind of deadweight loss. right?
- 28:15It's like we've introduced complexity and bureaucracy without improving uh outcomes necessarily.
- 28:20That being said. they were the first and they were pioneers and it's. I think. know. been the template for lot of other people and I think lessons learned.
- 28:27I'm glad we went through it for sure.
- 28:29Yeah. and I know you're not a lawyer. if you were going to advise a government uh on how to address this issue of employment bias or AI and algorithmic bias more general. what
- 28:42would you suggest in terms of the right of
- 28:45You know. uh I thought about this a number of times and I always kind of come back to like. it's a very regulated space already and it's not always clear to me that we need
- 28:54additional regulation for AI.
- 28:56In fact. like. you know. there are some regulations out there that basically say it's illegal to discriminate with AI.
- 29:03By the way. it's already illegal to discriminate.
- 29:05We're just letting you know it's actually illegal to discriminate with AI as well.
- 29:08And which to me is like. I'm not sure what the purpose is there necessarily.
- 29:13And I think when you. so as a sociologist. when you introduce new institutions. new regulations. you're going to create constituencies and you're going to create feedback
- 29:22effects and so on.
- 29:23And so I worry about having regulation for regulations sake in those senses where in a place that's already regulated.
- 29:29I do think um it's a delicate balance as always between industry and the government.
- 29:35But I think this is an area where there's got to be better partnership and there's got to be.
- 29:39kind of good faith dialogue.
- 29:40When I say like. this analysis is actually impossible to do.
- 29:43We have to understand I'm saying that because it's impossible. not because I'm saying like. I don't want to do it. which is also. you know. something people do.
- 29:51Yeah.
- 29:51So one more thing is we need to wrap up just to get back to this question about the responsible AI field.
- 29:57As you point out. the pendulum has been swinging in the negative direction.
- 30:02Do you see a scenario. scenarios where that shifts back and what does it look like?
- 30:09I think it has to in some sense.
- 30:10I think the. you know. all gas. no breaks approach we're seeing right now to AI and industry only goes so far.
- 30:18And I think we're in the interim before regulation catches up.
- 30:22And then I think there will be a real. you know. whiplash effect after that.
- 30:26And I think the further we go potentially in kind of a quasi regulated state. the bigger that whiplash effect could be in a lot of ways. because. know. we'll push the boundaries.
- 30:36I do think we...
- 30:37I mean. this is obviously. I'm talking my book here. but I think we could see more embeddings into teams and kind of more like distributed responsible AI versus a
- 30:47centralized responsible AI. capital R. capital A. capital I team um that maybe kind of sheds a little bit of the political or ideological kind of associations that might be held
- 30:59there as well.
- 31:00I think that's. we haven't really touched on. but that's kind of obviously looming as well that.
- 31:05there's a macro political economic environment that this is all happening in.
- 31:10but I do think as we. since we haven't solved any of these problems yet. it's hard for me to imagine that we don't have some kind of responsible eye going forward. but maybe I'm
- 31:18just. I don't have a big enough imagination.
- 31:22No. I'm with you on that one.
- 31:23Absolutely.
- 31:24Trey. thanks so much.
- 31:24It's really been a pleasure speaking with you.
- 31:26It's been great.
- 31:27Thank you.