WEBVTT - A Solution for Algorithmic Bias

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<v Speaker 1>Pushkin from Pushkin Industries. This is Deep Background, the show

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<v Speaker 1>where we explore the stories behind the stories in the news.

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<v Speaker 1>I'm Noah Feldman. How did you find this podcast? Did

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<v Speaker 1>you see an ad for it on your phone? If so,

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<v Speaker 1>that ad might have shown up for you, because, based

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<v Speaker 1>on information about you that's out there on the Internet,

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<v Speaker 1>a computer algorithm decided that this show might be the

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<v Speaker 1>kind of thing that you would like. Algorithms like that

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<v Speaker 1>are all around us. Some are far more consequential than others.

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<v Speaker 1>But I'm glad you're listening to the show. But hey,

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<v Speaker 1>if you're applying for credit, an algorithm could actually evaluate

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<v Speaker 1>your credit worthiness, and the stakes are a little higher

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<v Speaker 1>there than whether you're listening to this podcast or to

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<v Speaker 1>Trevor Noah's. If I'm looking for a job, an algorithm

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<v Speaker 1>could go through all of the job applicants to try

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<v Speaker 1>to do a first cut before the employer decides who

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<v Speaker 1>they're going to interview. In some cities, algorithms are even

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<v Speaker 1>being used by the police to try to predict the

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<v Speaker 1>probability that there's going to be a crime in a

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<v Speaker 1>particular place and to decide where they're going to focus

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<v Speaker 1>the police efforts and actually send the cops. Nicole Ternally

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<v Speaker 1>is a fellow at Brooking Center for Technology Innovation. She's

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<v Speaker 1>been studying how algorithms like this work and how they fail.

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<v Speaker 1>She recently co wrote a report for Brookings about algorithmic bias,

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<v Speaker 1>or in other words, how computers can be racist. So

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<v Speaker 1>if we look at an algorithm like a black box,

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<v Speaker 1>it starts with an input and it ends with an output.

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<v Speaker 1>When it comes to the input, you know, big data

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<v Speaker 1>has made it very easy to actually harness volumes of

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<v Speaker 1>data they're about us, these reference points, about individuals, and

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<v Speaker 1>to create you know, I think some input or what

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<v Speaker 1>we call training data that essentially trains the algorithm to

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<v Speaker 1>adapt to what our behaviors are. In many cases, what

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<v Speaker 1>goes into the algorithm can be accurate. There are certain

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<v Speaker 1>things that your listeners do online that are discrete, our objective,

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<v Speaker 1>are true in terms of your search queries, in terms

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<v Speaker 1>of your online profile. But when you have developers that

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<v Speaker 1>put in training data that in some respects may be

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<v Speaker 1>biased or skewed, it creates challenges or what technologists have

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<v Speaker 1>called garbage in So what I mean by that, if

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<v Speaker 1>you're developing an algorithm and this is actually a case

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<v Speaker 1>So this is not something that we're making up. Like

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<v Speaker 1>the Compass algorithm, which was designed to help judges make

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<v Speaker 1>better predictions on the amount of time that a defendant

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<v Speaker 1>should be detained before sentencing. And let's say the training

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<v Speaker 1>data used to train that algorithm is based upon criminal

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<v Speaker 1>justice stats or criminal behavior stats. It's no secret that

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<v Speaker 1>in this country, African American men in particular are more

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<v Speaker 1>likely to experience arrest. And if they are more likely

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<v Speaker 1>to experience arrest, which oftentimes leads to incarceration, they will

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<v Speaker 1>overwhelmingly make up the majority of the training data. So

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<v Speaker 1>that input, when it gets to the output, it then

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<v Speaker 1>may disproportionately affect African American defendants by suggesting that they

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<v Speaker 1>have a longer detainment before sentencing. So that's an example

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<v Speaker 1>where we have some background bias in our society. Right,

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<v Speaker 1>the system is already raged against African Americans. Arrests are disproportioned,

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<v Speaker 1>African American jailing is disproportionate of African Americans. And then

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<v Speaker 1>once the data is trained, the data that emerges will

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<v Speaker 1>also reflect those pre existing biases. But how do you

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<v Speaker 1>know the problem was the algorithm? How do you know

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<v Speaker 1>the problem isn't Rather the underlying deep structures of racism

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<v Speaker 1>in the United States that created the circumstances where arrests

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<v Speaker 1>and imprisonment are disproportionately acts that happen to African Americans

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<v Speaker 1>rather than to white people. In other words, that is

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<v Speaker 1>the form of racial bias. How do we know that

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<v Speaker 1>the algorithm is actually making it worse as opposed to

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<v Speaker 1>just reflecting the existing realities of race, You know, I

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<v Speaker 1>think it's both. I mean, on the one hand, I

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<v Speaker 1>think that we do have the issue where it is

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<v Speaker 1>representative of the existing societal concerns that we have. A

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<v Speaker 1>mathematical model is not necessarily going to correct or remedy.

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<v Speaker 1>I think the historical biases that many groups have suffered.

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<v Speaker 1>This we're talking about structural and systemic racism and discrimination

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<v Speaker 1>that just won't go away from a computer model. But

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<v Speaker 1>I also think that part of what we're seeing, and

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<v Speaker 1>this is in my attempt to not say that developers

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<v Speaker 1>are racist, that it all depends on who's at the

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<v Speaker 1>table when developing that algorithm. And so there's two things

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<v Speaker 1>that are going on when you look at the tech space. One,

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<v Speaker 1>you have a very limited pool of diversity that happens

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<v Speaker 1>in these professions you know, the data science profession in

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<v Speaker 1>and of itself is underrepresentative of historically disadvantaged groups, women,

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<v Speaker 1>people of color, older Americans, etc. And that can be

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<v Speaker 1>problematic as these algorithms become much more ubiquitous in such society.

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<v Speaker 1>And then you have the other issue of implicit bias,

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<v Speaker 1>which comes from this unconscious understanding of how the world works.

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<v Speaker 1>Let me give a good example of that. Amazon just

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<v Speaker 1>a few months ago released an employment algorithm that was

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<v Speaker 1>trying to find candidates for their engineering department. The training

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<v Speaker 1>data that was used by the developers went on the

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<v Speaker 1>historical data of that department, which tended to be white men,

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<v Speaker 1>and as a result, the algorithm kicked out any resume

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<v Speaker 1>that had any hint of a person being from an

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<v Speaker 1>all women's college or having a women's group represented. So

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<v Speaker 1>that word, in and of itself, because it's not necessarily

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<v Speaker 1>associated with engineering professions, struck down the opportunities of them

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<v Speaker 1>to become a more diverse workforce in terms of that department.

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<v Speaker 1>You know, Amazon later retracted that and took it off

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<v Speaker 1>the market, But you see what I mean? So right,

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<v Speaker 1>I mean, so you mentioned a group of fascinating things there.

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<v Speaker 1>So one is the composition of the tech world, and

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<v Speaker 1>there I think every reasonable person can agree that it

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<v Speaker 1>can only be better on its own terms, totally independent

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<v Speaker 1>of whether it affects the implicit bias phenomenon. But in general,

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<v Speaker 1>we would love to see we need to see as

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<v Speaker 1>a society much greater diverse representation of previously disadvantage groups

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<v Speaker 1>in or currently disadvantage groups in the tech role. Then

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<v Speaker 1>they have the implicit bias example where you're drawing on

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<v Speaker 1>existing data. So you could sort of imagine why Amazon

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<v Speaker 1>wants to figure out who to hire, and so they

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<v Speaker 1>put into the data that people they have hired because

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<v Speaker 1>they think, hey, we're pretty awesome and sure enough. Then

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<v Speaker 1>that just suggests that they replicate the thing that they

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<v Speaker 1>have already. Let me ask about the flip side of that,

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<v Speaker 1>not nicle the potentially positive side. So take a couple

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<v Speaker 1>of examples. You've mentioned determination of either bail or of

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<v Speaker 1>criminal sentence on the one hand. Another example would be

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<v Speaker 1>employment determinations. These are all cases where we know from

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<v Speaker 1>years and years of collected data that human decision makers

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<v Speaker 1>are systematically biased against people of and we try to

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<v Speaker 1>debias people by different methods. We have an appeals process

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<v Speaker 1>where you can appeal and say I've been discriminated against,

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<v Speaker 1>very hard to win. We have rules that say don't

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<v Speaker 1>be biased, and we even have lots of decision makers

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<v Speaker 1>who in their hearts are not biased, and yet you

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<v Speaker 1>show them statistically what they've done over the long run,

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<v Speaker 1>and sure enough their behavior does reflect bias. Now, don't

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<v Speaker 1>algorithms potentially offer a liberatory solution an equality solution here?

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<v Speaker 1>Because the one thing that we can say about an

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<v Speaker 1>algorithm is, unlike a human, if you give it a rule,

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<v Speaker 1>it will follow the rule, and there's no O G.

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<v Speaker 1>I thought I was following the rule, but I really wasn't.

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<v Speaker 1>So if you, in principle, tell the algorithm not to

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<v Speaker 1>consider race, or you tell the algorithm not to consider

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<v Speaker 1>various factors that look like proxies for race, and you

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<v Speaker 1>can even train the algorithms so that it is less

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<v Speaker 1>inclined to rely on those proxies, then presumably you could

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<v Speaker 1>have a decision maker making decisions about criminal justice, making

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<v Speaker 1>decisions about employment that are less biased, less racist than

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<v Speaker 1>the best intentioned human being. Because humans have an unconscious,

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<v Speaker 1>and in our unconscious we might be biased, but algorithms

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<v Speaker 1>don't have an unconscious mind. Yeah, you know, I have

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<v Speaker 1>to say I got to push back on that, and

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<v Speaker 1>I'll tell you why. I think because we see more

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<v Speaker 1>of the digital economy rush to market, we're not dealing

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<v Speaker 1>with an environment where we see this level of diligence

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<v Speaker 1>when it comes to know what is the bias impact

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<v Speaker 1>on certain groups? Have we been able to use race

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<v Speaker 1>as a proxy to create an anti bias experimentation? Are

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<v Speaker 1>we auditing our algorithm in ways that we can ensure

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<v Speaker 1>from its development to its execution that we're identifying what

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<v Speaker 1>that bias may look like? And I think we need

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<v Speaker 1>to go forward and put together some framework not on

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<v Speaker 1>all algorithms. I think Netflix does a pretty good job

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<v Speaker 1>recommending the types of movies that I like to watch.

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<v Speaker 1>I'm not I mean, that's true, but I'm not so

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<v Speaker 1>sure that we should even assume that those aren't biased.

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<v Speaker 1>They are. I think those are because they're also going

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<v Speaker 1>to pick out features. They also know what your zip

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<v Speaker 1>code is. If they take up zip code, then at

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<v Speaker 1>least implicity, they're also recognizing race, you know, I mean,

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<v Speaker 1>that's right. So I'll just take my case. I'm an

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<v Speaker 1>African American woman who's middle age, who loves to watch

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<v Speaker 1>you know, black romance Flix, and let me tell you,

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<v Speaker 1>every time Netflix recommends one, I'm happy. I mean, the

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<v Speaker 1>only problem I get, you know, challenged by it is

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<v Speaker 1>when the content runs out and not investing in, you know,

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<v Speaker 1>more more programmers or developers to develop more content for

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<v Speaker 1>people like me. But maybe that's because they're not feeding

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<v Speaker 1>those two people like me, right, I'm a middle aged

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<v Speaker 1>white guy. They're not telling me to watch those, But

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<v Speaker 1>maybe if they did, I'd watch them, I'd like them,

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<v Speaker 1>and if that happened, there would be developers. So in

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<v Speaker 1>that sense, you know, it may be that that there

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<v Speaker 1>is an implicit bias there. They're just assuming that the

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<v Speaker 1>reason that I don't watch them is that I haven't

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<v Speaker 1>watched that many you know, African American romantic comedies in

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<v Speaker 1>recent years and so. But you know, but itself is

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<v Speaker 1>not a neutral fact, right, because no one's advertising them

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<v Speaker 1>to me. Netflix isn't telling me to watch them. If

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<v Speaker 1>they told me, that might have a different impact. That's right,

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<v Speaker 1>And that's I mean, I always say to people. When

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<v Speaker 1>the alright movement and the white conservative movement became a

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<v Speaker 1>big thing and hate speech on Facebook, I was kind

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<v Speaker 1>of surprised that I didn't know that this was happening

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<v Speaker 1>in the same playground in which I also, you know, visit.

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<v Speaker 1>And that's because my algorithm or is not made of

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<v Speaker 1>white supremacists. It's you know, more liberals that sort of

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<v Speaker 1>speak the same language and feel the same way about

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<v Speaker 1>certain issues. What about the hardcase nicle, I mean, you know,

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<v Speaker 1>let's say I'm applying for credit and they've got information,

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<v Speaker 1>you know that Let's say I have allowed I didn't

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<v Speaker 1>check the box to make it private. That says, hey,

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<v Speaker 1>Feldman's been searching for payday loans, and the algorithm notices

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<v Speaker 1>something that is intuitively very plausible, which is that if

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<v Speaker 1>I'm so desperate that I'm looking into payday loans, probably

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<v Speaker 1>that means I'm a slightly less good credit risk than

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<v Speaker 1>someone who hasn't been yet searching for payday loans, because

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<v Speaker 1>you know, eventually, I'm going to start looking for that

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<v Speaker 1>the minute I really need it. So if I'm trying

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<v Speaker 1>to lend money, and that's there's nothing inherently racially determinative

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<v Speaker 1>about that. It may not even be about wealth in general.

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<v Speaker 1>It's just about how much money I have right this minute,

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<v Speaker 1>or how little I have right this minute. That might

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<v Speaker 1>be great from the standpoint of the credit company, and

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<v Speaker 1>they might actually be able to do a better job

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<v Speaker 1>of setting the correct interest rate for me based on

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<v Speaker 1>that information. Does that still disturbute? Does it still make

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<v Speaker 1>you think that that's a problem or is that more

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<v Speaker 1>like Netflix? It's not that big a deal they're telling

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<v Speaker 1>you know, They're they're fitting the data to the objective.

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<v Speaker 1>You know. I think it's interesting because I struggle with it.

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<v Speaker 1>I think that there are cases where, you know, our

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<v Speaker 1>online behavior will indicate certain characteristics about us. Though it

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<v Speaker 1>is somewhat problematic because what if I was searching for

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<v Speaker 1>the payday loan for my uncle? Right, not necessarily for myself,

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<v Speaker 1>But in the end, I think we have to be

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<v Speaker 1>very sensitive, or the algorithmic operator has to be sensitive

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<v Speaker 1>to the extent to which they're denying credit to these

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<v Speaker 1>groups versus out the groups. Right. One thing, for example,

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<v Speaker 1>we say in the paper, which I think is just profound, is,

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<v Speaker 1>as an African American who maybe serve more higher interest

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<v Speaker 1>credit card rates, what if I see that ad come

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<v Speaker 1>through and I click it just because I'm interested to

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<v Speaker 1>see why I'm getting this ad. Automatically, I will be

0:12:25.756 --> 0:12:28.956
<v Speaker 1>served similar ads, right, so it automatically places me in

0:12:28.956 --> 0:12:32.596
<v Speaker 1>that high credit risk category. The challenge that we're having now, Noah,

0:12:32.636 --> 0:12:34.996
<v Speaker 1>is that as an individual consumer, I have no way

0:12:35.036 --> 0:12:38.956
<v Speaker 1>of recurating what my identity is. I want to ask

0:12:38.996 --> 0:12:41.596
<v Speaker 1>you a kind of final big picture question, and it's

0:12:41.756 --> 0:12:45.156
<v Speaker 1>when you survey this whole environment, the possibilities of regulation,

0:12:45.196 --> 0:12:48.116
<v Speaker 1>you're testifying on the hill about it, you're doing reports

0:12:48.156 --> 0:12:53.676
<v Speaker 1>on it. Are you in general optimistic about the future

0:12:53.796 --> 0:12:57.676
<v Speaker 1>of the possibility to regulate algorithms and to also turn

0:12:57.716 --> 0:13:01.596
<v Speaker 1>algorithms to good with respect to fairness and equality, or

0:13:01.636 --> 0:13:05.716
<v Speaker 1>are you, on balance pessimistic and think that the terrible

0:13:05.916 --> 0:13:08.836
<v Speaker 1>legacies of discrimination that we have in our country are

0:13:08.916 --> 0:13:12.876
<v Speaker 1>like just to be either continued or even made worse

0:13:13.116 --> 0:13:16.396
<v Speaker 1>by virtue of this technological development. You know, I'm a

0:13:16.436 --> 0:13:21.876
<v Speaker 1>technologist who's optimistic about the use of technology, you know,

0:13:21.956 --> 0:13:25.516
<v Speaker 1>I think of it this way. I think as technology evolves,

0:13:25.596 --> 0:13:28.436
<v Speaker 1>we are faced with this challenge whether or not the

0:13:28.516 --> 0:13:31.676
<v Speaker 1>technology coopts the user or the user has something to

0:13:31.716 --> 0:13:35.476
<v Speaker 1>do with the technologies agency, right, And so I'm one

0:13:35.516 --> 0:13:38.756
<v Speaker 1>of those people, particularly in this case of algorithms, which

0:13:38.796 --> 0:13:42.476
<v Speaker 1>has just become so interesting to many of us because

0:13:42.556 --> 0:13:45.156
<v Speaker 1>it's got this explainability portion, and then it has stuff

0:13:45.156 --> 0:13:47.996
<v Speaker 1>that we don't even know how to dissect and unpack that.

0:13:48.116 --> 0:13:50.476
<v Speaker 1>I think what we're trying to do in this particular case,

0:13:50.556 --> 0:13:52.756
<v Speaker 1>Noah's just get ahead of it and to be much

0:13:52.796 --> 0:13:55.556
<v Speaker 1>more proactive in talking about it. I mean, my goal

0:13:56.276 --> 0:13:59.676
<v Speaker 1>is to bring to the forefront those algorithms that are

0:13:59.676 --> 0:14:03.676
<v Speaker 1>allowing older Americans to age in place, those algorithms that

0:14:03.676 --> 0:14:08.636
<v Speaker 1>are catching chronic disease and some of the worst abilitating diseases,

0:14:08.676 --> 0:14:12.516
<v Speaker 1>and as ahead of time because of the precision of

0:14:12.556 --> 0:14:17.236
<v Speaker 1>the technology, we're seeing, you know, better customization of educational

0:14:17.276 --> 0:14:21.036
<v Speaker 1>curricula for students because algorithms are able to identify learning

0:14:21.076 --> 0:14:24.356
<v Speaker 1>styles much faster than a teacher can. And so I

0:14:24.356 --> 0:14:27.436
<v Speaker 1>don't want us to be a society which turns our

0:14:27.476 --> 0:14:31.276
<v Speaker 1>back against the technology and the innovation, because that's part

0:14:31.316 --> 0:14:34.996
<v Speaker 1>of this whole new revolution of our shift for manufacturing

0:14:35.036 --> 0:14:37.956
<v Speaker 1>into I think this digital age where it does matter.

0:14:38.236 --> 0:14:41.116
<v Speaker 1>I'm gonna tell you honestly, what really concerns me is

0:14:41.156 --> 0:14:44.316
<v Speaker 1>the fact that the less information or the less diffused

0:14:44.396 --> 0:14:47.076
<v Speaker 1>that these algorithms are, the more likely you'll be on

0:14:47.196 --> 0:14:50.396
<v Speaker 1>the wrong side of digital opportunity, and the more likely

0:14:50.436 --> 0:14:52.716
<v Speaker 1>that your community may not get some of the services

0:14:52.716 --> 0:14:55.156
<v Speaker 1>that have come out of an algorithmic economy. I mean,

0:14:55.236 --> 0:14:57.756
<v Speaker 1>imagine living in a community where they don't have your data.

0:14:58.156 --> 0:15:00.396
<v Speaker 1>You're not your data is not being harnessed for any

0:15:00.396 --> 0:15:03.516
<v Speaker 1>type of productive algorithm. You find yourself in a state

0:15:03.516 --> 0:15:07.276
<v Speaker 1>where you have more chronic disease, more incarceration, less levels

0:15:07.276 --> 0:15:10.356
<v Speaker 1>of educational achievement. Better to be then to be out. Yeah,

0:15:10.396 --> 0:15:12.196
<v Speaker 1>and I'll just say this in final I mean, I

0:15:12.236 --> 0:15:15.196
<v Speaker 1>think for those of us that are in this space,

0:15:15.276 --> 0:15:18.956
<v Speaker 1>I think we take into consideration the fairness and accuracy

0:15:18.956 --> 0:15:22.356
<v Speaker 1>conversations as well the ethical conversations, But our main goal

0:15:22.436 --> 0:15:25.476
<v Speaker 1>is to deploy this responsibly. And if we can come

0:15:25.516 --> 0:15:28.316
<v Speaker 1>up with more responsible frameworks that incorporate many of the

0:15:28.356 --> 0:15:31.156
<v Speaker 1>aspects that we've talked about today, I think we're on

0:15:31.196 --> 0:15:35.156
<v Speaker 1>the brink of actually unpacking what could potentially become the

0:15:35.236 --> 0:15:38.956
<v Speaker 1>next big game changer for people you know that have

0:15:39.116 --> 0:15:42.796
<v Speaker 1>had to rely upon wrong decisions or humans who are

0:15:42.836 --> 0:15:45.076
<v Speaker 1>biased to do such. So I want to say, you know,

0:15:45.116 --> 0:15:46.996
<v Speaker 1>in all honesty, I do agree with you that there's

0:15:46.996 --> 0:15:50.676
<v Speaker 1>a promise of algorithms to sort of break down the barriers,

0:15:50.996 --> 0:15:53.036
<v Speaker 1>but it has to be done responsibly with the right

0:15:53.076 --> 0:15:56.436
<v Speaker 1>people at the table to talk about it. Niculternally thank

0:15:56.436 --> 0:15:59.356
<v Speaker 1>you so much for a really fascinating and rich discussion

0:15:59.476 --> 0:16:01.836
<v Speaker 1>and for sharing your knowledge and expertise with us. Thank

0:16:01.876 --> 0:16:18.996
<v Speaker 1>you now, thank you for having me appreciate you. My

0:16:19.076 --> 0:16:21.556
<v Speaker 1>conversation with Nicole made me want to talk to somebody

0:16:21.596 --> 0:16:23.316
<v Speaker 1>who was doing the kind of work that she was

0:16:23.356 --> 0:16:26.636
<v Speaker 1>just talking about, someone who was thinking about how algorithms

0:16:26.676 --> 0:16:30.756
<v Speaker 1>can break down barriers rather than create them. So I

0:16:30.796 --> 0:16:34.156
<v Speaker 1>called up Talia Gillis. Talia is a PhD student in

0:16:34.156 --> 0:16:37.636
<v Speaker 1>a business economics at Harvard. She's also a former student

0:16:37.676 --> 0:16:40.396
<v Speaker 1>of mine who holds a law degree from Harvard, and

0:16:40.476 --> 0:16:44.476
<v Speaker 1>she's been researching how banks and other lenders use algorithms

0:16:44.476 --> 0:16:47.676
<v Speaker 1>to determine interest rates on loans. She thinks that the

0:16:47.716 --> 0:16:51.476
<v Speaker 1>way they're doing it right now isn't working, but she

0:16:51.596 --> 0:16:55.516
<v Speaker 1>has an idea for a better way. Talia, thank you

0:16:55.596 --> 0:16:58.436
<v Speaker 1>so much for joining me. It's great to have you,

0:16:58.676 --> 0:17:01.316
<v Speaker 1>and it's great to talk to you as it were

0:17:01.796 --> 0:17:04.756
<v Speaker 1>on air about something that we've talked about lots and

0:17:04.796 --> 0:17:09.596
<v Speaker 1>lots of times in the office, your research, because there's

0:17:09.676 --> 0:17:12.796
<v Speaker 1>very much on how we can fix the problem of

0:17:12.876 --> 0:17:17.756
<v Speaker 1>algorithmic bias. Tell me what it is that is the

0:17:17.796 --> 0:17:21.476
<v Speaker 1>core of your approach. What is your original idea about

0:17:21.516 --> 0:17:23.956
<v Speaker 1>what we can do to make things better. So I

0:17:23.996 --> 0:17:26.516
<v Speaker 1>think the core of the approach is, first of all,

0:17:26.556 --> 0:17:29.236
<v Speaker 1>to recognize that it's it's very hard to know a

0:17:29.356 --> 0:17:33.756
<v Speaker 1>priori what exactly the bias or what direction the bias

0:17:33.836 --> 0:17:35.676
<v Speaker 1>is going to go in, and so I'm very much

0:17:35.716 --> 0:17:39.276
<v Speaker 1>focused on the credit pricing context. And in the credit

0:17:39.276 --> 0:17:43.036
<v Speaker 1>pricing context, it's true that a lot of the kind

0:17:43.036 --> 0:17:47.156
<v Speaker 1>of input variables into a credit pricing decision suffer from

0:17:47.196 --> 0:17:49.716
<v Speaker 1>some sort of bias. But what's important to keep in

0:17:49.756 --> 0:17:53.876
<v Speaker 1>mind is that kind of some biases might get worse

0:17:53.916 --> 0:17:57.996
<v Speaker 1>in the algorithmic context, but actually big data might in

0:17:58.236 --> 0:18:00.876
<v Speaker 1>for other types of biases, make things things better in

0:18:00.916 --> 0:18:05.196
<v Speaker 1>a way. I think there's two large, separate categories of bias.

0:18:05.316 --> 0:18:08.156
<v Speaker 1>So the first is what I call kind of inputs

0:18:08.156 --> 0:18:10.636
<v Speaker 1>that result from a bias world, and the idea there

0:18:10.756 --> 0:18:14.316
<v Speaker 1>is that there's some kind of pre existing discrimination, and

0:18:14.356 --> 0:18:17.076
<v Speaker 1>so there might be disparities between men and women, or

0:18:17.116 --> 0:18:20.796
<v Speaker 1>between blacks and whites that kind of originate partially from

0:18:20.836 --> 0:18:24.076
<v Speaker 1>that discrimination. So that's what you're calling biased world, and

0:18:24.116 --> 0:18:26.796
<v Speaker 1>that is you're going to apply for a loan. If

0:18:26.796 --> 0:18:28.676
<v Speaker 1>you make less money and you have more debt, you're

0:18:28.676 --> 0:18:30.396
<v Speaker 1>not going to get as good terms for the loan.

0:18:30.876 --> 0:18:34.396
<v Speaker 1>But that's not because the lender in particular, that's because

0:18:34.876 --> 0:18:37.116
<v Speaker 1>you live in a society where there's background sexist and

0:18:37.116 --> 0:18:40.516
<v Speaker 1>there's background racism. The world is already biased. And so

0:18:40.556 --> 0:18:42.476
<v Speaker 1>in that sense, that's biased world. And then what's the

0:18:42.476 --> 0:18:46.436
<v Speaker 1>second category? And so the second category is inputs that

0:18:46.516 --> 0:18:49.476
<v Speaker 1>are bias because they result from some kind of bias measurement.

0:18:50.156 --> 0:18:52.796
<v Speaker 1>You can think of that as, for example, the way

0:18:52.876 --> 0:18:55.596
<v Speaker 1>we measure someone's income. You know, we might put a

0:18:55.636 --> 0:18:58.756
<v Speaker 1>lot of weight on someone who has one regular job,

0:18:58.876 --> 0:19:03.796
<v Speaker 1>regular paycheck, and we fully capture their income and compare

0:19:03.836 --> 0:19:06.836
<v Speaker 1>that to someone who kind of has multiple jobs, maybe

0:19:07.116 --> 0:19:11.396
<v Speaker 1>isn't in a formal employee employer relationship, like an uber driver,

0:19:11.916 --> 0:19:15.116
<v Speaker 1>and then we kind of discount their income or don't

0:19:15.196 --> 0:19:18.356
<v Speaker 1>measure it properly, or or don't have the ability to

0:19:18.396 --> 0:19:21.956
<v Speaker 1>fully capture what they're earning. And so the more you

0:19:21.996 --> 0:19:25.116
<v Speaker 1>might look at two people who they're underlying income is similar,

0:19:25.476 --> 0:19:27.996
<v Speaker 1>but because of the way we're measuring a person's income,

0:19:28.356 --> 0:19:31.516
<v Speaker 1>then we consider kind of the second person to have

0:19:31.596 --> 0:19:34.516
<v Speaker 1>a lower income. So that's an example of bias in

0:19:34.516 --> 0:19:36.716
<v Speaker 1>the way we're measuring where we're whether we mean to

0:19:36.916 --> 0:19:39.276
<v Speaker 1>or not, we're systematically giving an advantage to someone who

0:19:39.316 --> 0:19:41.516
<v Speaker 1>works in a nine to five as opposed to someone

0:19:41.516 --> 0:19:43.956
<v Speaker 1>who's in the gig economy. And that's what you're calling

0:19:44.156 --> 0:19:47.476
<v Speaker 1>bias in measurement. And now how would you go about

0:19:47.596 --> 0:19:50.276
<v Speaker 1>measuring which kind of bias or what kind of bias

0:19:50.596 --> 0:19:54.996
<v Speaker 1>is in fact found in the algorithm. So it's it's

0:19:55.076 --> 0:19:59.356
<v Speaker 1>quite difficult to in reality perfectly distinguish between these two biases.

0:19:59.836 --> 0:20:03.076
<v Speaker 1>Also because very often, like an example I gave with income,

0:20:03.156 --> 0:20:05.956
<v Speaker 1>it might be a combination of those two. And what

0:20:05.996 --> 0:20:08.156
<v Speaker 1>do you do if you're in not biased world, but

0:20:08.356 --> 0:20:11.476
<v Speaker 1>biased German situation where you're worried not about the backround

0:20:11.476 --> 0:20:14.716
<v Speaker 1>discrimination in the world, but more worried that you're measuring

0:20:14.716 --> 0:20:17.516
<v Speaker 1>the wrong things in the algorithm and as a result,

0:20:18.236 --> 0:20:22.236
<v Speaker 1>you know, having a bad effect on their community of color.

0:20:23.276 --> 0:20:28.676
<v Speaker 1>So with bias measurement, what's interesting about the algorithmic context

0:20:28.876 --> 0:20:31.276
<v Speaker 1>is that it actually might mitigate a lot of the

0:20:31.316 --> 0:20:35.236
<v Speaker 1>harms that we're concerned about in the context of bias measurement.

0:20:35.876 --> 0:20:39.196
<v Speaker 1>So if you take, for example, credit scores, there have

0:20:39.236 --> 0:20:42.276
<v Speaker 1>been many claims that credit scores are biased against minorities,

0:20:42.316 --> 0:20:46.436
<v Speaker 1>and that's because they measure certain qualities of credit worthiness

0:20:46.516 --> 0:20:50.356
<v Speaker 1>that are more representative of let's say, white borrowers. So

0:20:50.756 --> 0:20:54.316
<v Speaker 1>it puts a lot of weight on people repaying previous

0:20:54.356 --> 0:20:56.676
<v Speaker 1>loans on time, but it might not give any weight

0:20:56.716 --> 0:21:00.236
<v Speaker 1>to people who regularly made let's say rent payments, which

0:21:00.316 --> 0:21:02.876
<v Speaker 1>might actually also be a very good measure of a

0:21:02.916 --> 0:21:06.756
<v Speaker 1>person's credit worthiness. So in a world in which we

0:21:06.796 --> 0:21:09.596
<v Speaker 1>put a lot a lot of weight on a credit score,

0:21:10.396 --> 0:21:12.556
<v Speaker 1>if we moved to a world of kind of machine

0:21:12.596 --> 0:21:15.276
<v Speaker 1>learning and big data, we might get a whole new

0:21:15.356 --> 0:21:19.076
<v Speaker 1>richness of indicators of a person's credit worthiness. So let's

0:21:19.076 --> 0:21:22.036
<v Speaker 1>say the algorithm, how did your full history of payments

0:21:22.196 --> 0:21:26.036
<v Speaker 1>or your full kind of consumer history. Then we might

0:21:26.076 --> 0:21:29.116
<v Speaker 1>be getting a lot more information out about a person's

0:21:29.156 --> 0:21:32.916
<v Speaker 1>credit worthiness that was before only limited to the credit score.

0:21:33.036 --> 0:21:35.236
<v Speaker 1>So this is an example where if we could identify

0:21:35.916 --> 0:21:38.756
<v Speaker 1>the bias in the measurement, then we could do better

0:21:38.876 --> 0:21:42.196
<v Speaker 1>with the algorithm. Yes, what about a situation where the

0:21:42.236 --> 0:21:44.796
<v Speaker 1>opposite is happening where the algorithm is taking into account

0:21:44.836 --> 0:21:47.956
<v Speaker 1>things that are producing measurement bias. How do we know

0:21:48.036 --> 0:21:51.236
<v Speaker 1>that that's happening. So I think that the key is

0:21:51.276 --> 0:21:55.076
<v Speaker 1>that we never truly know what's going on. Say more

0:21:55.076 --> 0:21:56.516
<v Speaker 1>about that, because I think that scares a lot of

0:21:56.516 --> 0:21:58.876
<v Speaker 1>people with respect to these algorithms. What does it mean

0:21:58.876 --> 0:22:01.756
<v Speaker 1>to say we never truly know what's going on? Well,

0:22:02.116 --> 0:22:03.796
<v Speaker 1>on the one hand, you could say it's scary, But

0:22:03.836 --> 0:22:05.876
<v Speaker 1>on the other hand, you could say that any attempt

0:22:05.876 --> 0:22:09.956
<v Speaker 1>to say it's necessarily bad or necessarily going to hurt populations.

0:22:10.556 --> 0:22:13.116
<v Speaker 1>It's going to be a difficult position to defend because

0:22:13.396 --> 0:22:16.316
<v Speaker 1>it's kind of more of an empirical question that requires

0:22:16.356 --> 0:22:19.396
<v Speaker 1>investigation rather than something that you can determine ahead of time.

0:22:20.036 --> 0:22:22.556
<v Speaker 1>Now tell you that sounds logically correct to me. You know,

0:22:22.596 --> 0:22:25.076
<v Speaker 1>you to You don't know for sure something's bad or

0:22:25.076 --> 0:22:26.676
<v Speaker 1>good until you test it out and you have to

0:22:26.836 --> 0:22:29.356
<v Speaker 1>examine it, and principle I agree with you. But what

0:22:29.356 --> 0:22:32.716
<v Speaker 1>would you say to someone who said, well, look, we

0:22:32.756 --> 0:22:34.636
<v Speaker 1>know how the world works in general, and the world

0:22:34.676 --> 0:22:39.876
<v Speaker 1>doesn't turn out so well. Often traditionally discriminated against groups,

0:22:39.956 --> 0:22:44.756
<v Speaker 1>and so our instinct is that we expect to find

0:22:45.156 --> 0:22:51.116
<v Speaker 1>discrimination rather than to find magic, whereby an algorithmic measurement

0:22:51.156 --> 0:22:54.116
<v Speaker 1>does better than a human How would you respond to

0:22:54.156 --> 0:22:57.636
<v Speaker 1>that kind of systemic skepticism that I think one very

0:22:57.676 --> 0:23:01.036
<v Speaker 1>reasonably hears from people who are concerned that existing bias

0:23:01.076 --> 0:23:05.396
<v Speaker 1>will be made worse by algorithms, rather than being optimistic

0:23:05.436 --> 0:23:08.996
<v Speaker 1>about the capacity of algorithms to block certain kinds of bias.

0:23:10.316 --> 0:23:12.836
<v Speaker 1>You'd have to, I mean, particularly in the credit context,

0:23:12.996 --> 0:23:15.356
<v Speaker 1>you'd have to be very sensitive to the fact that

0:23:15.556 --> 0:23:19.396
<v Speaker 1>credit markets are not working for large segments of the

0:23:19.516 --> 0:23:22.916
<v Speaker 1>US population. So many people in the US don't have

0:23:22.996 --> 0:23:26.596
<v Speaker 1>access to credit. Many people don't have credit histories, they

0:23:26.596 --> 0:23:30.476
<v Speaker 1>don't have credit scores. So if you were defending the

0:23:30.556 --> 0:23:34.116
<v Speaker 1>status quo and credit pricing, then you would have a

0:23:34.196 --> 0:23:39.076
<v Speaker 1>really big difficulty in terms of actually kind of blocking

0:23:39.076 --> 0:23:42.836
<v Speaker 1>the potential that this technological move has in terms of

0:23:42.876 --> 0:23:46.716
<v Speaker 1>expanding access and creating kind of access to credit markets

0:23:46.756 --> 0:23:50.676
<v Speaker 1>to populations that before have just simply been excluded from

0:23:50.676 --> 0:23:53.396
<v Speaker 1>these markets. So things are so bad right now, you're

0:23:53.436 --> 0:23:55.396
<v Speaker 1>saying that it would be crazy enough to at least

0:23:55.436 --> 0:23:58.756
<v Speaker 1>give this or try because the existing stays quo is

0:23:58.996 --> 0:24:02.516
<v Speaker 1>deeply discriminatory yeah, I think there's this kind of a

0:24:02.596 --> 0:24:06.956
<v Speaker 1>serious entrenchment of pre existing disadvantage in credit markets. And

0:24:06.956 --> 0:24:09.916
<v Speaker 1>when you think that credit markets are very important tool

0:24:10.036 --> 0:24:13.956
<v Speaker 1>not just to kind of not want to replicate disadvantage,

0:24:13.996 --> 0:24:17.076
<v Speaker 1>but also credit markets play a very important role at

0:24:17.156 --> 0:24:20.996
<v Speaker 1>producing wealth or allowing people to kind of come out

0:24:21.036 --> 0:24:23.996
<v Speaker 1>of some kind of situation in which they were blocked

0:24:24.036 --> 0:24:27.156
<v Speaker 1>from kind of expanding their possibilities, because if you can't

0:24:27.156 --> 0:24:31.996
<v Speaker 1>borrow money, you can invest in yourself exactly, exactly right, Okay,

0:24:31.996 --> 0:24:35.796
<v Speaker 1>So go back then to the question of how we

0:24:35.876 --> 0:24:40.516
<v Speaker 1>run a test to see whether we've got biased measurement.

0:24:40.676 --> 0:24:43.436
<v Speaker 1>How do we make sure that we're making things better

0:24:43.476 --> 0:24:45.956
<v Speaker 1>with the algorithm with respect to measurement bias, not making

0:24:45.956 --> 0:24:47.876
<v Speaker 1>things worse. How would you test that in real world?

0:24:48.636 --> 0:24:51.356
<v Speaker 1>So I think what's key is to have a kind

0:24:51.396 --> 0:24:54.116
<v Speaker 1>of baseline in which the key question is when I

0:24:54.196 --> 0:24:57.516
<v Speaker 1>move from that baseline to a new situation, how are

0:24:57.556 --> 0:25:01.436
<v Speaker 1>things changing. And so the key question to me is,

0:25:01.516 --> 0:25:04.756
<v Speaker 1>if we're comparing kind of a traditional pricing situation to

0:25:04.796 --> 0:25:08.716
<v Speaker 1>an algorithmic pricing situation, what's happening? And to do that

0:25:09.156 --> 0:25:10.916
<v Speaker 1>I would do is I would take kind of the

0:25:10.956 --> 0:25:15.076
<v Speaker 1>algorithmic pricing function. And again, the big advantage in a

0:25:15.116 --> 0:25:19.236
<v Speaker 1>way of the algorithmic context is that even before you

0:25:19.316 --> 0:25:23.236
<v Speaker 1>actually apply your decision rule or your prediction to a

0:25:23.276 --> 0:25:25.956
<v Speaker 1>new borrower who comes through the door, you're able to

0:25:25.996 --> 0:25:30.836
<v Speaker 1>say something about the algorithm itself. So it sounds like overall,

0:25:30.916 --> 0:25:35.556
<v Speaker 1>the key tool of social science that you think needs

0:25:35.556 --> 0:25:39.076
<v Speaker 1>to be used to help us overcome the possibilities of

0:25:39.076 --> 0:25:44.196
<v Speaker 1>different kinds of algorithmic bias is the experiment. It's experiment

0:25:44.276 --> 0:25:47.836
<v Speaker 1>by setting a baseline, then experiment and see what happens

0:25:47.836 --> 0:25:51.716
<v Speaker 1>when the algorithm is applied, and then compare them and

0:25:51.756 --> 0:25:53.996
<v Speaker 1>then make a judgment afterwards. It sounds like you're saying,

0:25:54.276 --> 0:25:58.396
<v Speaker 1>we never know from just looking at an algorithm what's

0:25:58.396 --> 0:25:59.876
<v Speaker 1>going to happen, whether it's going to make the world

0:25:59.916 --> 0:26:01.476
<v Speaker 1>a worst place, where that's going to make the world

0:26:01.476 --> 0:26:04.316
<v Speaker 1>a better place. We always have to test it. And

0:26:04.476 --> 0:26:06.836
<v Speaker 1>in a sense that seems to me very scientific, right,

0:26:06.956 --> 0:26:10.516
<v Speaker 1>very economic scientific. Run the experiment and see see what

0:26:10.596 --> 0:26:13.716
<v Speaker 1>comes out on the other side. Do other people agree

0:26:13.756 --> 0:26:15.676
<v Speaker 1>with you? I mean, how far out are you on

0:26:15.716 --> 0:26:19.236
<v Speaker 1>the edge and calling for experiment in every case? Well,

0:26:19.276 --> 0:26:22.756
<v Speaker 1>I think there's several difficulties. I think the first difficulty

0:26:23.156 --> 0:26:26.636
<v Speaker 1>is kind of maybe a legal theoretical difficulty, and that

0:26:26.836 --> 0:26:30.836
<v Speaker 1>is that traditionally, the way we've always thought about kind

0:26:30.836 --> 0:26:35.796
<v Speaker 1>of discrimination and evaluating a lender for discrimination purposes was

0:26:35.916 --> 0:26:38.836
<v Speaker 1>kind of the exact opposite. It was considering what are

0:26:38.876 --> 0:26:42.556
<v Speaker 1>the inputs into the decision to price alone, and not

0:26:42.596 --> 0:26:45.156
<v Speaker 1>what's the outcome. So this whole way of thinking about

0:26:45.236 --> 0:26:48.076
<v Speaker 1>testing is very focused on the outcome of a pricing rule.

0:26:48.316 --> 0:26:51.676
<v Speaker 1>So in legal terms, instead of asking about discriminatory intent

0:26:52.196 --> 0:26:55.156
<v Speaker 1>by the person making the decision, you're asking about whether

0:26:55.156 --> 0:26:58.836
<v Speaker 1>there's a disparate impact on people at the end and

0:26:58.876 --> 0:27:02.036
<v Speaker 1>the outcomes. That's right, Do you want us to focus

0:27:02.116 --> 0:27:06.036
<v Speaker 1>on outputs? Exactly? Exactly? So there's quite kind of this

0:27:06.156 --> 0:27:08.956
<v Speaker 1>fundamental shift that I think needs to take place in

0:27:09.276 --> 0:27:12.316
<v Speaker 1>moving from being very focused on what poes into a

0:27:12.356 --> 0:27:15.636
<v Speaker 1>decision or what poes into an algorithm and saying there's

0:27:15.676 --> 0:27:19.236
<v Speaker 1>not much progress that we can make on focusing just

0:27:19.356 --> 0:27:21.396
<v Speaker 1>on the inputs. We really need to go to the

0:27:21.436 --> 0:27:31.436
<v Speaker 1>outcomes and consider the outcomes more seriously. I think Talia's

0:27:31.516 --> 0:27:36.196
<v Speaker 1>idea for fixing algorithmic bias has some profound implications. One

0:27:36.276 --> 0:27:39.636
<v Speaker 1>of the things about algorithms is you can't really know

0:27:39.676 --> 0:27:41.996
<v Speaker 1>what all the inputs are because often, in the case

0:27:42.036 --> 0:27:45.076
<v Speaker 1>of a sophisticated algorithm which is based on machine learning,

0:27:45.596 --> 0:27:48.196
<v Speaker 1>we don't know how it's learning from the data. We

0:27:48.316 --> 0:27:50.676
<v Speaker 1>just know that it's looking at every aspect of the data,

0:27:50.716 --> 0:27:53.316
<v Speaker 1>but we don't know exactly what its true inputs are.

0:27:53.956 --> 0:27:57.196
<v Speaker 1>In other words, we know what data it's training on,

0:27:57.476 --> 0:27:59.796
<v Speaker 1>but we don't know what features of the data it

0:27:59.916 --> 0:28:03.196
<v Speaker 1>cares the most about. And that's why Talia sees her

0:28:03.236 --> 0:28:06.076
<v Speaker 1>approach of running experiments and looking at the outputs as

0:28:06.116 --> 0:28:11.276
<v Speaker 1>the only potential solution. She's if people begin gradually to

0:28:11.276 --> 0:28:13.716
<v Speaker 1>see things the way that Taya does, I wonder if

0:28:13.716 --> 0:28:16.836
<v Speaker 1>that could lead us to a new paradigm more broadly

0:28:16.836 --> 0:28:19.716
<v Speaker 1>about how we think of discrimination. It might lead us

0:28:19.756 --> 0:28:22.636
<v Speaker 1>away from the old way of asking, well, was the

0:28:22.676 --> 0:28:25.476
<v Speaker 1>person of making the decision or racist, and towards a

0:28:25.516 --> 0:28:28.196
<v Speaker 1>newer way of thinking, which says, who cares what the

0:28:28.236 --> 0:28:30.516
<v Speaker 1>person was thinking about? What we want to see is

0:28:30.516 --> 0:28:33.476
<v Speaker 1>whether the system as a whole is producing outcomes that

0:28:33.596 --> 0:28:37.596
<v Speaker 1>we think are fair and just. That's all in the future,

0:28:37.916 --> 0:28:40.676
<v Speaker 1>and right now the Trump administration is proposing regulations that

0:28:40.756 --> 0:28:44.116
<v Speaker 1>actually go in the opposite direction. The Department of Housing

0:28:44.116 --> 0:28:47.116
<v Speaker 1>and Urban Development has proposed a new rule that would

0:28:47.156 --> 0:28:50.636
<v Speaker 1>make it harder for banks, or landlords or homeowners insurance

0:28:50.636 --> 0:28:53.876
<v Speaker 1>companies to be sued for using algorithms that result in

0:28:53.916 --> 0:28:58.516
<v Speaker 1>discriminatory lending practices, and the Trump administration has gone to

0:28:58.596 --> 0:29:02.116
<v Speaker 1>the courts more broadly to suggest that they think there

0:29:02.156 --> 0:29:05.476
<v Speaker 1>needs to be a stronger showing of actual racist intent

0:29:05.956 --> 0:29:10.476
<v Speaker 1>before discrimination claims can be leveled. So the trend line

0:29:10.876 --> 0:29:14.756
<v Speaker 1>is not the line that Talia is calling for, nor

0:29:14.996 --> 0:29:17.636
<v Speaker 1>is it the line that machine learning and artificial intelligence

0:29:17.796 --> 0:29:20.676
<v Speaker 1>would suggest for us. In its most extreme form, the

0:29:20.716 --> 0:29:25.196
<v Speaker 1>Trump administration approach might actually allow racist bias to be

0:29:25.316 --> 0:29:29.796
<v Speaker 1>imported into the functioning of algorithmic systems, and exactly the

0:29:29.836 --> 0:29:33.476
<v Speaker 1>way that Nicole wants to avoid. We'll be watching very

0:29:33.476 --> 0:29:37.476
<v Speaker 1>closely going forward to see how those proposed Trump administration

0:29:37.516 --> 0:29:41.076
<v Speaker 1>regulations are treated, how the courts address the question of bias,

0:29:41.076 --> 0:30:00.076
<v Speaker 1>and most profoundly, how algorithms shape justice in the future. Now,

0:30:00.116 --> 0:30:02.196
<v Speaker 1>I want to move to a new segment of deep background,

0:30:02.356 --> 0:30:05.756
<v Speaker 1>something we're calling Sound of the Week. For me, this week,

0:30:06.036 --> 0:30:10.236
<v Speaker 1>a defining moment in sound was this everybody to know.

0:30:10.876 --> 0:30:15.556
<v Speaker 1>There are no circumstances in which I will ask Russels

0:30:15.876 --> 0:30:19.316
<v Speaker 1>to delay. We're leaving on the thirty first of October.

0:30:19.636 --> 0:30:24.236
<v Speaker 1>No ifs or butts. We will not accept any attempt

0:30:24.316 --> 0:30:27.876
<v Speaker 1>to go back on our promises or scrub that referendum.

0:30:28.636 --> 0:30:31.996
<v Speaker 1>That's Boris Johnson on Monday, making a public statement in

0:30:32.036 --> 0:30:34.676
<v Speaker 1>front of ten Downing Street, where for the moment he

0:30:34.796 --> 0:30:37.276
<v Speaker 1>still lives and works as the Prime Minister of the

0:30:37.356 --> 0:30:43.156
<v Speaker 1>United Kingdom. But things have changed a lot since then. First,

0:30:43.196 --> 0:30:47.676
<v Speaker 1>in a remarkable development, the Parliament of Great Britain, including

0:30:47.756 --> 0:30:52.436
<v Speaker 1>a group of rebels from Johnson's own Conservative Party, actually

0:30:52.716 --> 0:30:57.436
<v Speaker 1>voted that the United Kingdom cannot crash out of the

0:30:57.476 --> 0:31:01.836
<v Speaker 1>European Union with a no deal brexit. Johnson will actually

0:31:01.876 --> 0:31:06.396
<v Speaker 1>be required by this law to seek an extension from

0:31:06.396 --> 0:31:10.796
<v Speaker 1>the European Union so that Britain does not leave the

0:31:10.876 --> 0:31:15.956
<v Speaker 1>Union without some kind of a deal. Johnson's position has

0:31:15.996 --> 0:31:19.516
<v Speaker 1>been all along that this would be terrible for his

0:31:19.596 --> 0:31:22.556
<v Speaker 1>negotiating position with the European Union since he's got nothing

0:31:22.596 --> 0:31:27.156
<v Speaker 1>to threaten, but Parliament didn't care. Having lost this vote,

0:31:27.436 --> 0:31:30.316
<v Speaker 1>Johnson then turned around and did two things. One more

0:31:30.356 --> 0:31:34.276
<v Speaker 1>shocking than next. First, he kicked out of the Conservative

0:31:34.276 --> 0:31:39.036
<v Speaker 1>Party twenty one members of Parliament who had voted against him.

0:31:39.476 --> 0:31:43.116
<v Speaker 1>This was sufficiently shocking that his own brother, Joe Johnson,

0:31:43.516 --> 0:31:48.436
<v Speaker 1>actually resigned from his seat in Parliament and from Johnson's cabinet,

0:31:48.756 --> 0:31:52.236
<v Speaker 1>saying that he felt a conflict between the national interest

0:31:52.316 --> 0:31:56.476
<v Speaker 1>and his family loyalties. Then, having taken that radical step,

0:31:56.956 --> 0:32:00.636
<v Speaker 1>Johnson asked Parliament to vote for a snap election. Now

0:32:00.676 --> 0:32:03.036
<v Speaker 1>it takes two thirds of Parliament to vote for a

0:32:03.036 --> 0:32:05.636
<v Speaker 1>snap election for it to happen right away, and the

0:32:05.676 --> 0:32:09.076
<v Speaker 1>Conservatives didn't get it. So where we are now is it?

0:32:09.156 --> 0:32:12.316
<v Speaker 1>Boris Johnson can't get out of the European Union on

0:32:12.356 --> 0:32:14.996
<v Speaker 1>October thirty first, whether he wants to or not. And

0:32:15.556 --> 0:32:18.356
<v Speaker 1>so far, at least he still doesn't have a general

0:32:18.396 --> 0:32:20.876
<v Speaker 1>election in which he could try to ask the voters

0:32:21.036 --> 0:32:24.676
<v Speaker 1>to change the government in order to change this law.

0:32:25.716 --> 0:32:31.036
<v Speaker 1>Stunning developments, historically significant moments in the history of British politics.

0:32:31.796 --> 0:32:35.796
<v Speaker 1>What's their more profound meaning, I'll tell you what's been

0:32:35.876 --> 0:32:40.516
<v Speaker 1>on my mind. There's a deep contradiction between the idea

0:32:40.596 --> 0:32:44.036
<v Speaker 1>of a referendum that would allow the public as a

0:32:44.076 --> 0:32:47.036
<v Speaker 1>whole to decide on an important question like whether to

0:32:47.116 --> 0:32:51.276
<v Speaker 1>leave the European Union and parliamentary democracy, which is based

0:32:51.316 --> 0:32:54.676
<v Speaker 1>on the idea that the people choose representatives who then

0:32:54.676 --> 0:32:58.876
<v Speaker 1>exercise their practical judgment and their wisdom to implement the

0:32:58.996 --> 0:33:03.116
<v Speaker 1>policies of the country. Notice how this contradiction has driven

0:33:03.196 --> 0:33:05.516
<v Speaker 1>Britain into a kind of paralysis that I would say

0:33:05.516 --> 0:33:09.436
<v Speaker 1>even veers occasionally on madness. First, the public says leave,

0:33:09.836 --> 0:33:13.356
<v Speaker 1>but it doesn't say how to leave. Then it tells

0:33:13.436 --> 0:33:16.876
<v Speaker 1>its elected representatives figure out how to do it, and

0:33:16.956 --> 0:33:20.876
<v Speaker 1>they can't figure it out. They can't agree. Proposal after

0:33:20.956 --> 0:33:25.276
<v Speaker 1>proposal gets blocked. Good idea follows bad idea follows bad

0:33:25.356 --> 0:33:28.596
<v Speaker 1>idea follows good idea, and nothing seems to work itself out.

0:33:28.796 --> 0:33:31.516
<v Speaker 1>And the whole time the politicians are saying, well, we

0:33:31.596 --> 0:33:33.916
<v Speaker 1>can't reach an agreement, but we know we have to

0:33:33.956 --> 0:33:36.636
<v Speaker 1>give effect to the will of the people in the referendum.

0:33:37.196 --> 0:33:40.276
<v Speaker 1>This is the product of a mismatch between the idea

0:33:40.316 --> 0:33:42.516
<v Speaker 1>that you can take a snapshot of public opinion at

0:33:42.556 --> 0:33:45.276
<v Speaker 1>a given moment and call that a referendum, and the

0:33:45.356 --> 0:33:47.276
<v Speaker 1>idea that the best way to run a government is

0:33:47.276 --> 0:33:51.636
<v Speaker 1>in fact through electing representatives and have them use their judgment.

0:33:52.596 --> 0:33:56.636
<v Speaker 1>So is there a way out of this contradiction for Britain.

0:33:57.316 --> 0:33:59.156
<v Speaker 1>If I were an optimist, I would say that the

0:33:59.196 --> 0:34:01.556
<v Speaker 1>British could call a new election and that the outcome

0:34:01.556 --> 0:34:05.276
<v Speaker 1>of that election would somehow clarify whether people favored a

0:34:05.396 --> 0:34:08.436
<v Speaker 1>change or not. But I don't actually believe that a

0:34:08.476 --> 0:34:11.356
<v Speaker 1>new election is going to make things any clearer with

0:34:11.396 --> 0:34:15.276
<v Speaker 1>respect to the contradiction between the referendum and ordinary voting.

0:34:15.836 --> 0:34:19.036
<v Speaker 1>So then you might imagine, how about another referendum that

0:34:19.076 --> 0:34:24.196
<v Speaker 1>asks people, well, what did you change your mind? Do

0:34:24.276 --> 0:34:27.156
<v Speaker 1>you want us to leave without a deal? If so,

0:34:27.276 --> 0:34:30.156
<v Speaker 1>what kind of a deal? Notice that almost immediately you

0:34:30.236 --> 0:34:33.876
<v Speaker 1>get into the kind of details that a referendum cannot answer.

0:34:34.316 --> 0:34:36.876
<v Speaker 1>There's no way that a referendum can do anything other

0:34:36.876 --> 0:34:39.476
<v Speaker 1>than ask up or down do you want this or

0:34:39.636 --> 0:34:42.876
<v Speaker 1>do you want that? The only way that that's problem

0:34:42.876 --> 0:34:45.476
<v Speaker 1>could be solved would be if a specific deal were

0:34:45.476 --> 0:34:46.956
<v Speaker 1>put in front of the British people and they were

0:34:46.956 --> 0:34:49.116
<v Speaker 1>asked whether to take it or not. And even then

0:34:49.236 --> 0:34:52.076
<v Speaker 1>that would leave the question of what to do afterwards.

0:34:52.596 --> 0:34:55.916
<v Speaker 1>It emerges that the British have simply gone down a

0:34:56.076 --> 0:35:00.876
<v Speaker 1>rabbit hole of contradiction between these two modes of democracy,

0:35:01.156 --> 0:35:05.396
<v Speaker 1>direct democracy by referendum and representative democracy by parliament, and

0:35:05.476 --> 0:35:07.436
<v Speaker 1>the only way they're going to get out of it

0:35:07.476 --> 0:35:09.836
<v Speaker 1>is if they abandon one of the these two modes

0:35:09.836 --> 0:35:13.356
<v Speaker 1>of action. They're not going to abandon in Parliament, which is,

0:35:13.396 --> 0:35:18.556
<v Speaker 1>by most accounts the oldest continuously running political body in

0:35:18.636 --> 0:35:22.076
<v Speaker 1>any democratic country. At least I hope they won't. What

0:35:22.156 --> 0:35:24.476
<v Speaker 1>they might learn is that if you've got something as

0:35:24.476 --> 0:35:27.676
<v Speaker 1>good as Parliament is, maybe you should stay away from

0:35:27.716 --> 0:35:31.356
<v Speaker 1>their referendums. And if that happens, then over time the

0:35:31.476 --> 0:35:34.516
<v Speaker 1>British will be able to re establish the norm of

0:35:34.596 --> 0:35:39.916
<v Speaker 1>parliamentary supremacy and parliamentary sovereignty. It ain't perfect, but it's

0:35:39.916 --> 0:35:42.956
<v Speaker 1>worked for a long long time. And if there's one

0:35:43.036 --> 0:35:45.476
<v Speaker 1>takeaway from the briggs At fiasco is that when the

0:35:45.516 --> 0:35:48.276
<v Speaker 1>British try to deviate from it, they do not know

0:35:48.356 --> 0:35:54.836
<v Speaker 1>what they're doing. Deep Background is brought to you by

0:35:54.876 --> 0:35:58.556
<v Speaker 1>Pushkin Industries. Our producer is Lydia Genecott, with engineering by

0:35:58.596 --> 0:36:02.676
<v Speaker 1>Jason Gambrell and Jason Roskowski. Our showrunner is Sophie mckibbon.

0:36:02.996 --> 0:36:06.076
<v Speaker 1>Our theme music is composed by Luis GERA special thanks

0:36:06.076 --> 0:36:09.716
<v Speaker 1>to the Pushkin Brass, Malcolm Gladwell, Jacob Weisberg, and Miah Lobel.

0:36:10.156 --> 0:36:12.436
<v Speaker 1>I'm Noah Feldman. You can follow me on Twitter at

0:36:12.436 --> 0:36:15.396
<v Speaker 1>Noah R. Feldman. This is deep background