“Private Accountability in the Age of Artificial Intelligence” is a groundbreaking law review article by Professor Sonia K. Katyal that examines the critical intersection of civil rights and artificial intelligence. The article argues that traditional legal frameworks are ill-equipped to address algorithmic bias and discrimination, particularly when these issues arise from private corporations rather than government action. Katyal proposes that instead of relying solely on state regulation, we must look to private industry for solutions through self-regulation, impact statements, and whistleblower protection. The article analyzes how machine learning models can perpetuate statistical and cognitive biases through underrepresentation, oversurveillance, and errors in attribution and prediction. Drawing on high-profile cases like Facebook’s ad discrimination and the COMPAS recidivism algorithm, Katyal demonstrates how algorithmic decisionmaking can systematically disadvantage protected groups.

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