POWERED BY COLOR OF CHANGE
Black People Deserve safe
DIGITAL SPACES
CONGRESS MUST REGULATE BIG TECH
It Is past time we rein in
BIG TECH!
As the tech industry gains more power, it faces less regulation, less liability for the harm it causes and less accountability for its decisions — all while reaping more profits from its exploitative business models.
Black communities deserve and demand regulatory counters to the discrimination and exploitation from Big Tech’s control over online commerce, content and social connections.
The tech industry has attempted to persuade us that the best solution is to let them decide how they should be regulated. They continue to present false choices between leaving them alone or giving up their services. Let us not be fooled.
There must be consequences for putting people in harm’s way, spreading misinformation and/or disinformation, promoting racial and ethnic violence online and facilitating discrimination.
We need equipped regulators; strong prohibitions against discrimination and biased outcomes; and affordable, equitable access to the future.
Black communities need Congress to regulate Big Tech. And The Black Tech Agenda and Scorecard are the way forward. Join us and help to make racial justice in tech policy a reality for us all!
It's time for Congress to act. Black communities need real solutions that equip regulators, prohibit discrimination and biased outcomes, and provide equitable access to the future.
Black communities need an affirmative vision of technology that protects our civil rights and advances our needs.
The Black Tech Agenda Scorecard measures the commitment of key members of Congress to promoting real tech policy solutions that advance racial justice by examining their co-sponsorship of key pieces of legislation and stated support for policies that align with the Black Tech Agenda.
The Color Of Change Black Tech Agenda Scorecard (The Scorecard) reflects the policy solutions set out in the The Black Tech Agenda, and measures how members of key committees of jurisdiction (i.e. the House Energy and Commerce Committee, the Senate Commerce, Science, and Transportation Committee, and the House and Senate Judiciary Committees) align with our affirmative agenda for holding Big Tech companies accountable and advancing racial justice.
The current status quo of self-regulation — where tech companies decide how to operate with little to no government oversight — means no regulation. And no regulation means the tech industry makes problems worse, not better. Color Of Change and its members are urging Congress to move us toward real solutions, and the Scorecard is a powerful tool to mark Congress’ progress toward advancing tech policy solutions that protect Black communities.
Technology is an essential part of our daily lives and a determining factor in who gets access to educational, employment, health care and financial opportunities. True racial justice requires a comprehensive, proactive agenda from Congress addressing systemic discrimination and inequity in the technology and telecommunications industries. Racial justice must be a priority in efforts to rein in Big Tech. The Black Tech Agenda offers real solutions to move us closer to safe digital spaces for Black communities. View the full agenda here.
The Scorecard identifies legislation in each of the six pillars of the Black Tech Agenda that Congress should advance to address Big Tech’s outsized power, and it explicitly names racial justice equities.
The Scorecard process began with listening sessions in March and April 2022. The listening sessions allowed congressional staff to learn more about the Black Tech Agenda and Scorecard. Following the listening sessions, we circulated a video presentation with details about the Black Tech Agenda to members on the committees of jurisdiction, the House Energy and Commerce Committee, the House Judiciary Committee, the Senate Commerce, Science and Transportation Committee and the Senate Judiciary Committee in the 117th Congress. These committees have jurisdiction over the tech industry and antitrust laws.
Between April and September 2022, we sent a questionnaire to assess commitments and co-sponsorship in line with the Black Tech Agenda and met with staff members from the congressional offices of committees of jurisdiction at their request to discuss the Scorecard and to answer questions. Congressional offices were provided multiple opportunities to confirm their scoring and to submit additional information that would update their scores.
We are committed to presenting the most accurate information at all times. If you identify an error or would like to provide updated information on how a member of Congress was evaluated, please let us know before Wednesday, Dec. 21, 2022, at this link.
ScorecardS
- Full Credit
- Partial Credit
- No Credit
Antitrust: Directing antitrust agencies to block companies from mergers that will harm Black communities.
Privacy + Facial Recognition Tech: Creating a data privacy enforcer protecting our civil rights online and preventing law enforcement biometric surveillance.
Algorithms: Requiring that algorithms, or automated processes, be evaluated for bias and prevent biased algorithms from being used.
Broadband Access: Supporting investments in broadband infrastructure or protecting community broadband.
Net Neutrality: Restoring net neutrality so that Internet Service Providers, or ISPs, cannot block access to sites and charge additional fees for access.
Disinformation/Misinformation: Directing social media companies to evaluate algorithms that shape the online experience and to follow civil rights laws.
Scoring Criteria
Full credit (One of the following):
- Agreement with “Does the member of Congress support granting the Federal Trade Commission (FTC) and the Department of Justice (DOJ) authority to block mergers if a review reveals disproportionate anti-competitive impacts on Black workers, small business owners and/or communities?”
- Co-sponsorship of the Prohibiting Anticompetitive Mergers Act (H.R.7101/S.3847)
Partial credit:
- Co-sponsorship of the American Innovation and Choice Online Act (H.R.3816 /S.2992), the Platform Competition and Opportunity Act (H.R.3826/S.3197), the Ending Platform Monopolies Act (H.R.3825), the Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act (H.R.3849/S.4309), or the Merger Filing Fee Modernization Act (H.R.3843/ S.228)
No credit:
- Did not indicate agreement with “Does the member of Congress support granting the Federal Trade Commission (FTC) and the Department of Justice (DOJ) authority to block mergers if a review reveals disproportionate anti-competitive impacts on Black workers, small business owners and/or communities?” and
- Did not co-sponsor the Prohibiting Anticompetitive Mergers Act (H.R.7101/S.3847), the American Innovation and Choice Online Act (H.R.3816 /S.2992), the Platform Competition and Opportunity Act (H.R.3826/S.3197), the Ending Platform Monopolies Act (H.R.3825), the Augmenting Compatibility and Competition by Enabling Service Switching (ACCESS) Act (H.R.3849/S.4309) or the Merger Filing Fee Modernization Act (H.R.3843/ S.228)
Full Credit — (Two from the following categories)
- Corporate surveillance category —
- Agreement with “Does the member of Congress support the creation of a dedicated data privacy enforcer [either the Federal Trade Commission (FTC) Privacy Bureau or a new data protection agency] with the mandate to address data-driven discrimination and hire staff with racial justice expertise?”
- Co-sponsorship of legislation that creates a dedicated data privacy enforcer with the mandate to address data-driven discrimination and hire staff with racial justice expertise {the Online Privacy Act (H.R.6027), the Consumer Online Privacy Rights Act (S.3195), the Algorithmic Accountability Act (H.R.6580/S.3572), and the Data Protection Act (S.2134)]
- Public support of the American Data Privacy and Protection Act (H.R.8152)
- Law enforcement agency surveillance category —
- Co-sponsorship of the Facial Recognition and Biometric Technology Moratorium Act (H.R.3907/S.2052)
Partial Credit (One of the following)
- Agreement with “Does the member of Congress support the creation of a dedicated data privacy enforcer [either the Federal Trade Commission (FTC) Privacy Bureau or a new data protection agency] with the mandate to address data-driven discrimination and hire staff with racial justice expertise?”
- Co-sponsorship of legislation that creates a dedicated data privacy enforcer with the mandate to address data-driven discrimination and hire staff with racial justice expertise [the Online Privacy Act (H.R.6027), the Consumer Online Privacy Rights Act (S.3195), the Algorithmic Accountability Act (H.R.6580/S.3572), and the Data Protection Act (S.2134)]
- Public support of the American Data Privacy and Protection Act (H.R.8152)
- Co-sponsorship of the Facial Recognition and Biometric Technology Moratorium Act (H.R.3907/S.2052)
No credit
- Did not indicate agreement with “Does the member of Congress support the creation of a dedicated data privacy enforcer [either the Federal Trade Commission (FTC) Privacy Bureau or a new data protection agency] with the mandate to address data-driven discrimination and hire staff with racial justice expertise?”
- Did not co-sponsor any of the following bills — the Online Privacy Act (H.R.6027), the Consumer Online Privacy Rights Act (S.3195), the Algorithmic Accountability Act (H.R.6580/S.3572), the Data Protection Act (S.2134) or the Facial Recognition and Biometric Technology Moratorium Act (H.R.3907/S.2052) and
- Did not publicly support the American Data Privacy and Protection Act (H.R.8152)
Full Credit (One of the following)
- Agreement with “Does the member of Congress support requiring companies to evaluate algorithms for discrimination and remedy harms?”
- Co-sponsorship of the Algorithmic Accountability Act (H.R.6580/S.3572)
- Co-sponsorship of the Algorithmic Justice and Online Platform Transparency Act (H.R.3611/S.1896)
- Co-sponsorship of the Online Privacy Act (H.R.6027) or the Digital Services Oversight and Safety Act (H.R.6796)
No credit
- Did not indicate agreement with “Does the member of Congress support requiring companies to evaluate algorithms for discrimination and remedy harms?” and did not co-sponsor the Algorithmic Accountability Act (H.R.6580/S.3572), the Net Neutrality and Broadband Justice Act ( H.R.8573/S.4676), the Online Privacy Act (H.R.6027) or the Digital Services Oversight and Safety Act (H.R.6796)
Full credit (One of the following)
- Voting for the Infrastructure Investment and Jobs Act (Public Law No: 117-58)
- Co-sponsorship of the Community Broadband Act (H.R.1631/S.1460)
No credit
- Did not vote for the Infrastructure Investment and Jobs Act (Public Law No: 117-58) and did not co-sponsor the Community Broadband Act (H.R.1631/S.1460)
Full credit (One of the following):
- Agreement with “Does the member of Congress commit to supporting legislation designating the Internet as a Title II common carrier?”
- Co-sponsorship of the Net Neutrality and Broadband Justice Act ( H.R.8573/S.4676)
No credit
- Did not indicate agreement with “Does the member of Congress commit to supporting legislation designating the Internet as a Title II common carrier?” and did not co-sponsor the Net Neutrality and Broadband Justice Act (H.R.8573/S.4676)
Full credit (One of the following)
- Co-sponsorship of the Justice Against Malicious Algorithms Act (H.R.5596), the Protecting Americans from Dangerous Algorithms Act (H.R.2154/S.3029), the SAFE TECH Act (H.R.3421/S.299) or the Civil Rights Modernization Act (H.R.3184)
- Co-sponsorship of the Algorithmic Justice and Online Platform Transparency Act (H.R.3611/S.1896)
No credit
- Did not co-sponsor any of the following bills — the Justice Against Malicious Algorithms Act (H.R.5596), the Protecting Americans from Dangerous Algorithms Act (H.R.2154/S.3029), the SAFE TECH Act (H.R.3421/S.299), the Civil Rights Modernization Act (H.R.3184) or the Algorithmic Justice and Online Platform Transparency Act (H.R.3611/S.1896)
FINDINGS
Some members of the 117th Congress took concrete steps to introduce tech policies with racial justice frameworks.
Members of the 117th Congress took concrete steps to introduce tech policies with racial justice frameworks. More than 24 members of Congress, including 17 of the 148 members surveyed, introduced legislation in alignment with policies detailed in Color Of Change’s Black Tech Agenda. However, these bills did not have a majority of co-sponsorship support from the committee members we surveyed.
The Scorecard results found that
As of November 2022, of the 148 surveyed members of Congress
18
Support directing antitrust agencies to block companies from mergers that will harm Black communities.
27
support directing social media companies to evaluate algorithms that shape the online experience or to follow civil rights laws.
31
Support requiring that algorithms, or automated processes, be evaluated for bias and to prevent biased algorithms from being used.
09
support creating a data privacy enforcer to protect our civil rights online and preventing law enforcement from accessing biometric surveillance technology.
78
Committed to restoring net neutrality.
92
Support investments in broadband infrastructure.
