About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

16 J. Bus. & Tech. L. 299 (2021)
Artificial Intelligence & Algorithmic Bias: The Issues with Technology Reflecting History & Humans

handle is hein.journals/jobtela16 and id is 311 raw text is: Artificial Intelligence & Algorithmic Bias: The
Issues With Technology Reflecting History &
Humans
MAYA C. JACKSON*@
Abstract
The use of technology has expanded tremendously in recent decades. Included in
this expansion is the use of algorithms across today's internet. Although algorithms
have become popular, their intended purpose is not always executed with accuracy.
Algorithms have been shown to exclude people of color and women from a wide-
range of activities including applying to jobs to simply using a soap dispenser. This
happens when algorithms are inaccurately produced, either by an under or
overrepresentation of particular data or by the personal bias of engineers that is
reflected in the collection of data. This discriminatory practice is called algorithmic
bias. This paper will discuss algorithmic bias, how the practice is injurious to many
minority persons, and offer several solutions to improve the use of algorithms
moving forward.
I. Introduction
In 2015, Google's photo application algorithm was proven flawed after it
mistakenly tagged a photo of two Black people as gorillas.' The system's algorithm
lacked sufficient training with images of darker skin tones.2 Similarly, in 2017, an
algorithm used to create a no-touch soap dispenser was poorly trained to recognized
© Maya C. Jackson, 2021.
* The author is a J.D. Candidate, 2021, at the University of Maryland Francis King Carey School of Law.
I would like to thank the editors and staff on the Journal ofBusiness and Technology Law, specifically Michelle
Sidle, Samantha Breeze, and Pinchas Balsam for their invaluable feedback throughout the writing process. I
would also like to thank my two friends, Chelsea Jones and Ayo Duyile, whose insight and knowledge about
technology and algorithms was vital to the success of this comment. Finally, I would like to thank my parents,
my siblings, and the rest of my family and friends for all of their support, encouragement, and love.
1.  Ben Dickson, What is algorithmic bias?, TECHTALKS (Mar. 26, 2018), https://bdtechtalks.com/2018/03
/26/racist-sexist-ai-deep-leaming-algorithms/.
2.  Id.

Journal of Business & Technology Law

299

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most