California’s labor board could state that anyone impacted by algorithmic decisions has the right to review the algorithm used, and that all algorithms used must be deterministic and diagrammable. If clearly stated, “flip a coin” or “choose one at random” is fine, but “trained AI network” is not.
This would shine light on algorithms used at Uber, DoorDash, Amazon, Microsoft, Workday (based in Oakland). Anyone with a worker in California whose work is subject to algorithmic intervention would have the right to request the source code to all algorithms impacting their gig, temporary, or permanent employment.
I cannot imagine a more frightening regulatory path for California tech. They would spend a billion dollars trying to stop it.
There are also many optimization algorithms that require random processes. This can even include things like finding the area under a curve because it may be faster to use Monte Carlo Integration. You might not even be able to do it otherwise.
An ANN is certainly diagrammable.I understand the intent of your words and even agree with it. I think openness and transparency are critical. But because I care and agree I want to make sure we recognize how difficult that the wording is. Because it is often easy to implement a solution that creates a bigger problem than the thing we sought to solve.
Personally, I'd love to see that things become "Software Available." I mean if it was a requirement for everyone, then it is much easier to "prove" when code is cloned. Of course, this is easier said than done since there's many "many ways to skin a cat" but in essence, this is not too dissimilar from physical manufacturing. It's really hard to keep secrets in hardware. Plus, there's benefits like you can fix your fucking tractor when it breaks down. Or fix a car even if it is half a century old. I do expect if this would become reality that it'd need a lot more nuance and my own critique applies, but I just wanted to put it out there (in part, to get that critique).