Transparency or Trade Secrets: What will win the Battle for fair justice

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They want to publicly dissect the controversial COMPAS trial in order to prove its bias towards the accused.

The Democratic Party of the United States has once again put forward a bill that aims to provide the ability to verify the source code of software used for criminal investigations , and subordinate it to standardized testing by government agencies.

The bill was introduced on February 15 by two members of the Democratic Party from different states. The initiative was named "The Law on Justice in Judicial Algorithms 2024".

This bill prohibits the use of arguments about trade secrets as grounds for not allowing the defense party to examine the source code of software related to criminal cases, and also establishes a federal regime for testing software for forensic examination.

This bill is aimed at ensuring that the accused have the opportunity to assess the fairness of the software used against them. The initiative has already been promoted in 2019 and 2021, but without success.

Particular attention is drawn to the COMPAS (Correctional Offender Management Profiling for Alternative Sanctions) system, developed by Northpointe to calculate the risk of reoffending by the accused and influencing the decisions of the trial. Northpointe considers its system private property and refuses to disclose the principles of its operation, citing the law on trade secrets.

Everything would be fine if the COMPAS system treated everyone fairly, but, according to journalist Andrew Lee Park, this is far from the case. An analysis conducted by ProPublica in 2016 found that COMPAS is biased against African-Americans and is often inaccurate. In response, Northpointe published another study claiming the validity of its software, but ProPublica remained unconvinced.

Meanwhile, representatives of the Electronic Frontier Foundation (EFF) supported the requirements for transparency of judicial algorithms, emphasizing that the accused and the public have the right to know by what principle such systems send people to prison.

The defendants also argue that denying access to the source code of such software violates the Sixth Amendment of the U.S. Constitution and denies the defendant the right to confront his accuser.

Despite the urgency and importance of the issues discussed, it is unlikely that the bill will pass through both houses of Congress this time, as it has already happened twice, but if it does, it will be an important step forward for the protection of democratic principles and human rights in the United States.

Ensuring the transparency and accountability of algorithms used in criminal investigations is critical to preventing bias and discrimination.

Thus, the adoption of this bill will strengthen the democratic principles of justice and equality before the law, ensuring fair and humane treatment of all accused, regardless of race, gender or other factors.
 
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