Competition and Consumer Protection in the 21st Century -- Hearing #7

Federal Trade Commission

11/13/2018 - 09:00 to 11/15/2018 - 17:00

Tuesday, November 13, 2018

9:00-9:15 am

Welcome and Introductory Remarks

Andrew I. Gavil
Professor
Howard University School of Law

TBA 

9:15-9:45 am

Opening Address

Michael Kearns
Professor
University of Pennsylvania 

9:45-10:15 am

Introduction to Algorithms, Artificial Intelligence, and Predictive Analytics

John P. Dickerson
Assistant Professor
University of Maryland, College Park

10:15-10:30 am

Break

10:30-12:15 pm

Understanding Algorithms, Artificial Intelligence, and Predictive Analytics Through Real World Applications

Participants:

Michael D. Abràmoff
Professor, University of Iowa
Founder & CEO, IDx Technologies, Inc. 

Angela Granger
Vice President, Analytics
Experian 

Henry Kautz
Division Director
National Science Foundation 

Melissa McSherry
Senior VP, Global Head of Data Products
Visa, Inc. 

Dana Rao
Executive VP & General Counsel
Adobe 

Teresa Zayas Cabán
Chief Scientist
Office of the National Coordinator for Health Information Technology 

Moderators:
Karen A. Goldman
Attorney Advisor, Federal Trade Commission, Office of Policy Planning

Harry Keeling
Associate Professor, Howard University, Department of Computer Science

12:15-1:15 pm

Lunch

1:15-3:00 pm

 

 

Perspectives on Ethics and Common Principles in Algorithms, Artificial Intelligence, and Predictive Analytics

Participants:

Erika Brown Lee
Senior VP & Assistant General Counsel
Mastercard

Rumman Chowdhury
Global Lead, Responsible AI
Accenture Applied Intelligence

James Foulds
Assistant Professor
University of Maryland, Baltimore County 

Naomi Lefkovitz
Senior Privacy Policy Advisor
National Institute of Standards and Technology 

Mark MacCarthy
Senior VP of Public Policy
Software & Information Industry Association 

Martin Wattenberg
Senior Research Scientist
Google 

Moderators:
Karen A. Goldman
Attorney Advisor, Federal Trade Commission, Office of Policy Planning

James Trilling
Attorney, Federal Trade Commission, Division of Privacy and Identity Protection

3:00-3:15 pm

Break

3:15-5:00 pm

Consumer Protection Implications of Algorithms, Artificial Intelligence, and Predictive Analytics

Participants:

Ryan Calo
Associate Professor
University of Washington School of Law 

Fred H. Cate
Professor
Indiana University
Maurer School of Law

Jeremy Gillula
Tech Policy Director
Electronic Frontier Foundation

Irene Liu
General Counsel
Checkr 

Marianela López-Galdos
Director of Competition & Regulatory Policy
Computer & Communications Industry Association 

Moderators:
Tiffany George
Attorney, Federal Trade Commission, Division of Privacy and Identity Protection

Katherine Worthman
Attorney, Federal Trade Commission, Division of Financial Practices

5:00-5:15 pm

Closing Remarks

TBA

Wednesday, November 14, 2018

9:00-9:15 am

Welcome and Introductory Remarks

Bruce Hoffman
Director, Bureau of Competition
Federal Trade Commission

9:15-10:45 am

Algorithmic Collusion

Participants:

Rosa M. Abrantes-Metz
Managing Director, Global Economics Group
Adjunct Associate Professor
New York University

Ai Deng
Principal, Bates White
Lecturer
Johns Hopkins University

Joseph E. Harrington, Jr.
Professor
University of Pennsylvania

Kai-Uwe Kühn
Professor, University of East Anglia
Senior Consultant
Charles River Associates

Sonia Kuester Pfaffenroth
Partner
Arnold & Porter

Maurice E. Stucke
Professor, University of Tennessee College of Law
Co-founder, The Konkurrenz Group

Moderators:
Ellen Connelly
Attorney Advisor, Federal Trade Commission, Office of Policy Planning

James Rhilinger
Deputy Assistant Director, Federal Trade Commission, Bureau of Competition

10:45-11:00 am

Break

11:00-11:15 pm

Framing Presentation (prerecorded)

Michael I. Jordan
Professor
University of California, Berkeley

11:15-12:45 pm

Emerging Competition, Innovation, and Market Structure Questions Around Algorithms, Artificial Intelligence, and Predictive Analytics

Participants:

Robin Feldman
Professor
University of California, Hastings
College of the Law

Joshua Gans
Professor
University of Toronto

Preston McAfee
Economist

Nicolas Petit
Professor
University of Liège School of Law

Moderators:
Brian O’Dea
Attorney, Federal Trade Commission, Bureau of Competition

Nathan Wilson
Economist, Federal Trade Commission, Bureau of Economics

12:45-1:00 pm

Presentation

Joy Buolamwini
Founder
Algorithmic Justice League

1:00-2:15 pm

Lunch

2:15-2:45 pm

Keynote

Jennifer Wortman Vaughan
Senior Researcher
Microsoft Research

2:45-4:15 pm

Wrapping Up and Looking Ahead: Roundtable Discussion of Key Legal and Regulatory Questions in the Field

Participants:

Justin Brookman
Director, Consumer Privacy & Technology Policy
Consumers Union

Pam Dixon
Founder & Executive Director
World Privacy Forum

Salil Mehra
Professor
Temple University School of Law

Arvind Narayanan
Associate Professor
Princeton University

Joshua New
Senior Policy Analyst
Center for Data Innovation

Nicol Turner-Lee
Fellow, Center for Technology Innovation
Brookings Institution

Moderators:
Ellen Connelly
Attorney Advisor, Federal Trade Commission, Office of Policy Planning

Benjamin Rossen
Attorney, Federal Trade Commission, Division of Privacy and Identity Protection

4:15-4:30 pm

Closing Remarks

Danielle Holley-Walker
Dean
Howard University School of Law

 

To further its consideration of these issues, the agency seeks public comment on the questions listed below, and it welcomes input on other related topics not specifically listed here.

Background on Algorithms, Artificial Intelligence, and Predictive Analytics, and Applications of the Technologies

  1. What features distinguish products or services that use algorithms, artificial intelligence, or predictive analytics? In which industries or business sectors are they most prevalent?
  2. What factors have facilitated the development or advancement of these technologies? What types of resources were involved (e.g., human capital, financial, other)?
  3. Are there factors that have impeded the development of these technologies? Are there factors that could impede further development of these technologies?
  4. What are the advantages and disadvantages for consumers and for businesses of utilizing products or services facilitated by algorithms, artificial intelligence, or predictive analytics?
  5. From a technical perspective, is it sometimes impossible to ascertain the basis for a result produced by these technologies? If so, what concerns does this raise?
  6. What are the advantages and disadvantages of developing technologies for which the basis for the results can or cannot be determined? What criteria should determine when a “black box” system is acceptable, or when a result should be explainable?

Common Principles and Ethics in the Development and Use of Algorithms, Artificial Intelligence, and Predictive Analytics

  1. What are the main ethical issues (e.g., susceptibility to bias) associated with these technologies? How are the relevant affected parties (e.g., technologists, the business community, government, consumer groups, etc.) proposing to address these ethical issues? What challenges might arise in addressing them?
  2. Are there ethical concerns raised by these technologies that are not also raised by traditional computer programming techniques or by human decision-making? Are the concerns raised by these technologies greater or less than those of traditional computer programming or human decision-making? Why or why not?
  3. Is industry self-regulation and government enforcement of existing laws sufficient to address concerns, or are new laws or regulations necessary?
  4. Should ethical guidelines and common principles be tailored to the type of technology involved, or should the goal be to develop one overarching set of best practices?

Consumer Protection Issues Related to Algorithms, Artificial Intelligence, and Predictive Analytics

  1. What are the main consumer protection issues raised by algorithms, artificial intelligence, and predictive analytics?
  2. How well do the FTC’s current enforcement tools, including the FTC Act, the Fair Credit Reporting Act, and the Equal Credit Opportunity Act, address issues raised by these technologies?
  3. In recent years, the FTC has held public forums to examine the consumer protection questions raised by artificial intelligence as used in certain contexts (e.g., the 2017 FinTech Forum on artificial intelligence and blockchain and the 2011 Face Facts Forum on facial recognition technology). Since those events, have technological advancements, or the increased prevalence of certain technologies, raised new or increased consumer protection concerns?
  4. What roles should explainability, risk management, and human control play in the implementation of these technologies?
  5. What choices and notice should consumers have regarding the use of these technologies?
  6. What educational role should the FTC play with respect to these technologies? What would be most useful to consumers?

Competition Issues Related to Algorithms, Artificial Intelligence, and Predictive Analytics

  1. Does the use of algorithms, artificial intelligence, and predictive analytics currently raise particular antitrust concerns (including, but not limited to, concerns about algorithmic collusion)?
  2. What antitrust concerns could arise in the future with respect to these technologies?
  3. Is the current antitrust framework for analyzing mergers and conduct sufficient to address any competition issues that are associated with the use of these technologies? If not, why not, and how should the current legal framework be modified?
  4. To what degree do any antitrust concerns raised by these technologies depend on the industry or type of use?

Other Policy Questions

  1. How are these technologies affecting competition, innovation, and consumer choices in the industries and business sectors in which they are used today? How might they do so in the future?
  2. How quickly are these technologies advancing? What are the implications of that pace of technological development from a policy perspective?
  3. How can regulators meet legitimate regulatory goals that may be raised in connection with these technologies without unduly hindering competition or innovation?
  4. Are there tensions between consumer protection and competition policy with respect to these technologies? If so, what are they, and how should they be addressed?
  5. What responsibility does a company utilizing these technologies bear for consumer injury arising from its use of these technologies? Can current laws and regulations address such injuries? Why or why not?


Howard University
2900 Van Ness St NW School of Law
Washington , DC 20008
US