The Supreme Court has declined to review the ruling of a state court that upheld the use of a secret algorithm to determine a criminal sentence. The petitioner Loomis argued that he was not able to assess the fairness or accuracy of the legal judgement, and that the secret "risk assessment" algorithm therefore violated fundamental Due Process right. EPIC has pursued several related cases to establish the principle of algorithmic transparency in the United States. In EPIC v. DHS, EPIC obtained documents about secret behavioral algorithms that purportedly determine an individual's likelihood of committing a crime. In a series of state FOI cases, EPIC obtained records from state agencies about the use of propriety DNA analysis tools to determine guilt or innocence. EPIC is currently litigating EPIC v. CBP before the DC Circuit Court of Appeals, a case concerning the secret scoring of airline passengers by the federal government.
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