Justice in Forensic Algorithms Act of 2021
The source supplies the latest action, but no lifecycle stage.
Latest action (19 Oct 2021): Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
What this bill does
The Justice in Forensic Algorithms Act of 2021 would create federal rules for how computational forensic software is used. This type of software uses automated processes to analyze evidence in criminal investigations, such as facial recognition technology. The bill would require the National Institute of Standards and Technology (NIST) to establish standards for testing this software, including assessing potential bias based on race, ethnicity, and gender.
If passed, federal law enforcement agencies would only be allowed to use software that has been tested under these new NIST standards. The bill also prohibits the use of trade secret claims to prevent defendants in criminal cases from accessing information about the software used to collect evidence against them, including its source code. Evidence obtained through computational forensic software would have new admissibility requirements, needing to meet the established testing standards.
This bill was introduced in the House of Representatives in April 2021 by Representative Mark Takano and has been referred to the House Committee on the Judiciary and the Committee on Science, Space, and Technology. As of its introduction, its next step would be consideration by these committees.
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 2021 This bill establishes a federal framework to govern the use of computational forensic software. The term computational forensic software means software that relies on an automated computational process to assess evidence in a criminal investigation (e.g., facial recognition technology).
The framework contains various elements, including the following:
• requirements for the establishment of testing standards and a testing program for computational forensic software,
• requirements for the use of computational forensic software by federal law enforcement agencies and related entities (e.g., crime labs),
• a ban on the use of trade secret evidentiary privilege to prevent federal criminal defendants from accessing evidence collected using computational forensic software or information about the software (e.g., source code), and
• limits on the admissibility of evidence collected using computational forensic software.
Timeline
19 Oct 2021
Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
Common questions
- What does H.R. 2438 do?
- The Justice in Forensic Algorithms Act of 2021 would create federal rules for how computational forensic software is used. This type of software uses automated processes to analyze evidence in criminal investigations, such as facial recognition technology. The bill would require the National Institute of Standards and Technology (NIST) to establish standards for testing this software, including assessing potential bias based on race, ethnicity, and gender. If passed, federal law enforcement agencies would only be allowed to use software that has been tested under these new NIST standards. The bill also prohibits the use of trade secret claims to prevent defendants in criminal cases from accessing information about the software used to collect evidence against them, including its source code. Evidence obtained through computational forensic software would have new admissibility requirements, needing to meet the established testing standards. This bill was introduced in the House of Representatives in April 2021 by Representative Mark Takano and has been referred to the House Committee on the Judiciary and the Committee on Science, Space, and Technology. As of its introduction, its next step would be consideration by these committees.
- Has H.R. 2438 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 2438. Check the latest action and official source below.
- Who sponsored H.R. 2438?
- H.R. 2438 was sponsored by Rep. Takano, Mark [D-CA-41] (D-CA), with 1 cosponsor.
- What's the latest action on H.R. 2438?
- Referred to the Subcommittee on Crime, Terrorism, and Homeland Security. (19 Oct 2021).
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