Justice in Forensic Algorithms Act of 2019
The source supplies the latest action, but no lifecycle stage.
Latest action (2 Oct 2019): Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
What this bill does
H.R. 4368, the Justice in Forensic Algorithms Act of 2019, would address the use of software tools—such as those relying on machine learning or statistical analysis—in criminal forensic evidence. It directs the National Institute of Standards and Technology (NIST) to create "Computational Forensic Algorithm Standards" covering testing, validation, documentation, and assessment of potential discriminatory impact based on race, ethnicity, gender, and other factors. It also establishes a testing program at NIST, amends the Federal Rules of Evidence to bar trade-secret claims from blocking defense access to forensic software evidence, amends the Federal Rules of Criminal Procedure to require prosecutors to give defendants access to the software, its data, and related documentation, and makes forensic-software-based evidence inadmissible unless the software has been tested by NIST and its developers waive legal claims against defense teams that examine it.
The bill would primarily affect federal law enforcement agencies and crime laboratories that use computational forensic software, software developers and vendors, prosecutors, and criminal defendants and their attorneys. It aims to give defendants greater ability to scrutinize forensic algorithms used against them and to set uniform federal standards for testing and validating such tools.
The bill was introduced on September 17, 2019, by Rep. Mark Takano and referred to the House Committees on the Judiciary and on Science, Space, and Technology. It has not received a vote and, per official status, did not advance during the 116th Congress.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Justice in Forensic Algorithms Act of 2019
This bill establishes federal standards and procedures for the use of computational forensic software. (Computational forensic software refers to software that relies on an automated or semiautomated computational process to process, analyze, or interpret evidence.) It also prohibits the use of trade secret protections to prevent criminal defendants from accessing evidence.
First, the National Institute of Standards and Technology (NIST) must establish the Computational Forensic Algorithm Standards for the development and use of computational forensic software. These standards must, among other things, address requirements related to software testing and reporting to criminal defendants on the use and results of software in their cases.
Further, NIST must establish the Computational Forensic Algorithm Testing Program. The testing program must, among other things, test individual software programs using NIST standards. Federal law enforcement agencies and related crime laboratories must comply with these NIST standards and testing requirements in their use of computational forensic software.
In addition, criminal defendants must receive information resulting from analysis by computational forensic software, including access to the software for testing purposes.
Evidence resulting from computational forensic software is only admissible in a criminal case if (1) the software was submitted to the NIST testing program, and (2) the software developers and users waive their legal claims against the defense for the purposes of the defense analyzing or testing such software.
The bill also prohibits the use of trade secret protections when a criminal defendant would otherwise be entitled to obtain evidence.
Timeline
2 Oct 2019
Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.
Common questions
- What does H.R. 4368 do?
- H.R. 4368, the Justice in Forensic Algorithms Act of 2019, would address the use of software tools—such as those relying on machine learning or statistical analysis—in criminal forensic evidence. It directs the National Institute of Standards and Technology (NIST) to create "Computational Forensic Algorithm Standards" covering testing, validation, documentation, and assessment of potential discriminatory impact based on race, ethnicity, gender, and other factors. It also establishes a testing program at NIST, amends the Federal Rules of Evidence to bar trade-secret claims from blocking defense access to forensic software evidence, amends the Federal Rules of Criminal Procedure to require prosecutors to give defendants access to the software, its data, and related documentation, and makes forensic-software-based evidence inadmissible unless the software has been tested by NIST and its developers waive legal claims against defense teams that examine it. The bill would primarily affect federal law enforcement agencies and crime laboratories that use computational forensic software, software developers and vendors, prosecutors, and criminal defendants and their attorneys. It aims to give defendants greater ability to scrutinize forensic algorithms used against them and to set uniform federal standards for testing and validating such tools. The bill was introduced on September 17, 2019, by Rep. Mark Takano and referred to the House Committees on the Judiciary and on Science, Space, and Technology. It has not received a vote and, per official status, did not advance during the 116th Congress.
- Has H.R. 4368 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 4368. Check the latest action and official source below.
- Who sponsored H.R. 4368?
- H.R. 4368 was sponsored by Rep. Takano, Mark [D-CA-41] (D-CA), with 2 cosponsors.
- What's the latest action on H.R. 4368?
- Referred to the Subcommittee on Courts, Intellectual Property, and the Internet. (2 Oct 2019).
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