Democrats, too stupid to program computers.
LANSING — Brian Russell never committed unemployment insurance 
fraud, or even attempted to do so.
And he had no idea an automated state of Michigan system had 
accused him of doing anything wrong until 2016, when officials 
seized his nearly $11,000 tax refund check.
The state finally cleared Russell in 2018, but the false fraud 
debacle — which has hurt tens of thousands of innocent Michigan 
residents — undermined his ability to provide for his two kids 
and led to a bankruptcy filling.
"It's devastating," Russell, a 43-year-old maintenance 
electrician from Zeeland, told the Free Press. "You would think 
if they were going to put something that huge in place, they 
would have someone — or even a team of people — overlooking it 
and making sure there were no problems."
Experts say the MIDAS (Michigan Integrated Data Automated 
System) false fraud fiasco, while unique to Michigan in terms of 
the details, is only one of the most glaring national examples 
of how the use of artificial intelligence by governments is 
harming citizens. Those most likely to be harmed by such 
systems, they say, are the economically disadvantaged.
"We're seeing more and more of these kinds of atrocities," said 
Rashida Richardson, director of policy research at the AI Now 
Institute, a nonprofit connected with New York University that 
researches the social implications of artificial intelligence.
Other examples of "intelligent" government computer systems 
running amok, in Michigan and elsewhere, include:
In another Michigan case, the Department of Health and Human 
Services used an automated system to disqualify those with 
outstanding felony warrants from receiving state food 
assistance. Between the end of 2012 and the start of 2015, the 
system produced false matches that improperly disqualified more 
than 19,000 residents from food assistance. A 2013 federal class-
action lawsuit led to an out-of-court settlement and 
reinstatement of those improperly disqualified.
In Idaho, introduction of an automated system to determine the 
dollar value of disability services available to Medicaid 
recipients resulted in large cuts for many recipients. A court 
later found that the system was unlawfully arbitrary, unfair and 
lacked due process. There have been similar cases related to 
disability benefits in Arkansas and Oregon.
In Houston, where a system of algorithms was used to evaluate 
the performance of teachers, teachers were able to overturn the 
system on due process grounds. They successfully argued that 
because the vendor considered the evaluation system a trade 
secret, they were denied the right to use the data to understand 
or improve their performance.
In the District of Columbia, an automated system used to assess 
the risk for violence of youth in the juvenile justice system 
was found to be racially discriminatory as it was used in 
connection with one young defendant deemed "high risk" and in 
need of detention. The system is still in use.
Other concerns relate to the use of facial recognition 
technology, which is extensively used by police in Detroit, and 
"predictive policing," which the Michigan State Police has shown 
interest in.
The American Civil Liberties Union (ACLU) and other groups are 
pointing to disasters like MIDAS to push for laws that limit, 
regulate and increase transparency in the ways governments 
collect and use data for computerized decision-making.
More: Michigan residents falsely accused of jobless fraud can 
sue, Supreme Court says
More: State names jobless advocate to lead Unemployment 
Insurance Agency
Richardson said governments can be expected to continue to 
expand the range of applications as technology advances and the 
marketing of systems by software vendors expands.
The "creepiest example" of a new system Richardson is aware of 
is soon to be implemented in Allegheny County, Pennsylvania, 
where officials have been using a "family screening tool" and 
predictive analytics to try to head off child abuse. Starting in 
January, the county is planning to assign each child and family 
a "risk score" at birth, according to a county fact sheet and 
news media reports.
Jim Hendler, a computer science professor and director of the 
Institute for Data Exploration and Applications at Rensselaer 
Polytechnic Institute in Troy, New York, said many concerns 
about government use of artificial intelligence are well-founded 
and others may be overblown.
One of the major shortfalls of the MIDAS system in Michigan was 
insufficient testing before it was put into use, Hendler said.
When he advises governments on the appropriate uses of such 
systems, Hendler tells them to "keep humans in the loop to the 
extent possible until trust is built," he said.
Trust is important, he said.
After the Flint water crisis, scientists developed an artificial 
intelligence system to analyze a range of data to try to 
determine which homes were most likely serviced underground by 
lead pipes, in need of priority replacement, he said. The system 
had a high level of accuracy, but it was abandoned because 
residents had not bought into the system and were suspicious and 
concerned about why some homes were having their water lines 
replaced more quickly than others, he said. Moving away from the 
automated system meant that replacement of lead lines took 
longer than it otherwise would have, he said.
Jennifer Lord, the Royal Oak attorney representing plaintiffs in 
a class-action lawsuit over the MIDAS system, recently attended 
an international workshop in Berlin about the uses and abuses of 
artificial intelligence systems.
"It's really hard to wrap your head around how big this is, how 
fast it's moving, and how totally unregulated it is," Lord said.
"Government is outsourcing a governmental function to private 
entities that have no accountability and no transparency."
When lawyers or others try to find out how a system such as 
MIDAS could have produced so many errors, the software 
developers often seek to put a privacy shield over how the 
system is designed, citing confidential intellectual property 
rights, she said.
"I don't think it's too much to ask" to have transparency and 
public input in the development of these systems, she said.
"If we're asking a private company to carry out a government 
function, they should be transparent."
For Russell, who was assessed penalties multiple times higher 
than the alleged unemployment insurance fraud that never 
happened, life is finally starting to return to something near 
normal. Though he got back most of the money that was taken from 
him, far more damage was done than he ever expects to be able to 
recoup.
The state sent automated notices of its fraud determination to 
Russell's online unemployment insurance account, which he had no 
reason to check, because he had not been collecting unemployment 
insurance for years when the alleged fraud was detected.
"It ruined me," he said. And coming out of the blue, "it was 
like, I would almost want to say, being stabbed in the back."
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