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Algorithmic fairness: challenges to building an effective regulatory regime
Interdisciplinary StudiesFrontiers in Artificial Intelligence

Algorithmic fairness: challenges to building an effective regulatory regime

G. Demirchyan

AI’s potential to treat protected groups unfairly has spurred proposed US laws, but deep disagreements over how to define and test fairness—and conflicts with existing anti-discrimination statutes—threaten consistent regulation. This paper examines those challenges and offers ways to build a more effective regulatory regime. This research was conducted by Greg Demirchyan.... show more
Abstract
Unfair treatment by artificial intelligence toward protected groups has become an important topic of discussion. Its potential for causing harm has spurred many to think that legislation aimed at regulating AI systems is essential. In the US, laws have already been proposed both by Congress as well as by several key states. However, a number of challenges stand in the way of effective legislation. Proposed laws mandating testing for fairness must articulate clear positions on how fairness is defined. But the task of selecting a suitable definition (or definitions) of fairness is not a simple one. Experts in AI continue to disagree as to what constitutes algorithmic fairness, which has led to an ever-expanding list of definitions that are highly technical in nature and require expertise that most legislators simply do not possess. Complicating things further, several of the proposed definitions are incommensurable with one another, making a cross-jurisdictional regulatory regime incorporating different standards of fairness susceptible to inconsistent determinations. On top of all this, legislators must also contend with existing laws prohibiting group-based discrimination that codify conceptions of fairness that may not be suitable for evaluating certain algorithms. In this article, I examine these challenges in detail, and suggest ways to deal with them such that the regulatory regime that emerges is one that is more effective in carrying out its intended purpose.
Publisher
Frontiers in Artificial Intelligence
Published On
Aug 29, 2025
Authors
Greg Demirchyan
Tags
algorithmic fairnessAI regulationfairness definitionsanti-discrimination lawcross-jurisdiction inconsistencyfairness testing
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