The Measure and Mismeasure of Fairness: A Critical Review of Fair Machine Learning

The nascent field of fair machine learning aims to ensure that decisions guided by algorithms are equitable. Over the last several years, three formal definitions of fairness have gained prominence: (1) anti-classification, meaning that protected attributes---like race, gender, and their proxies---are not explicitly used to make decisions; (2) classification parity, meaning that common measures of predictive performance (e.g., false positive and false negative rates) are equal across groups defined by the protected attributes; and (3) calibration, meaning that conditional on risk estimates, outcomes are independent of protected attributes. Here we show that all three of these fairness definitions suffer from significant statistical limitations. Requiring anti-classification or classification parity can, perversely, harm the very groups they were designed to protect; and calibration, though generally desirable, provides little guarantee that decisions are equitable. In contrast to these formal fairness criteria, we argue that it is often preferable to treat similarly risky people similarly, based on the most statistically accurate estimates of risk that one can produce. Such a strategy, while not universally applicable, often aligns well with policy objectives; notably, this strategy will typically violate both anti-classification and classification parity. In practice, it requires significant effort to construct suitable risk estimates. One must carefully define and measure the targets of prediction to avoid retrenching biases in the data. But, importantly, one cannot generally address these difficulties by requiring that algorithms satisfy popular mathematical formalizations of fairness. By highlighting these challenges in the foundation of fair machine learning, we hope to help researchers and practitioners productively advance the area

Good Faith Discrimination

The Supreme Court\u27s current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Court\u27s racial jurisprudence stem from the Court\u27s willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent it, or to remedy the lingering effects of past discrimination

European Union regulations on algorithmic decision-making and a "right to explanation"

We summarize the potential impact that the European Union's new General Data Protection Regulation will have on the routine use of machine learning algorithms. Slated to take effect as law across the EU in 2018, it will restrict automated individual decision-making (that is, algorithms that make decisions based on user-level predictors) which "significantly affect" users. The law will also effectively create a "right to explanation," whereby a user can ask for an explanation of an algorithmic decision that was made about them. We argue that while this law will pose large challenges for industry, it highlights opportunities for computer scientists to take the lead in designing algorithms and evaluation frameworks which avoid discrimination and enable explanation.Comment: presented at 2016 ICML Workshop on Human Interpretability in Machine Learning (WHI 2016), New York, N