They don’t provide enough public input or transparency

(Yifat Nahmias Senior Research Fellow, Center for Cyber Law and Policy (CCLP), University of Haifa; Researcher, The Heth Academic Center for Research of Competition and Regulation, College of Management. & Maayan Perel*+ Associate Professor, Netanya Academic College, Faculty of Law; Senior Research Fellow, Haifa Center for Law & Technology, University of Haifa Faculty of Law, “THE OVERSIGHT OF CONTENT MODERATION BY AI: IMPACT ASSESSMENTS AND THEIR LIMITATIONS,” pg lexis//pa-ef)

Although different jurisdictions have different impact-assessment schemes in place, each has its own specificities and objectives. Generally, an impact assessment can be defined as "the process of identifying the future consequences of current or proposed action." 25Impact-assessment schemes carry some important advantages. They improve organizational behavior, [*150] promote information sharing, and incentivize private entities to consider ex ante the effect of their AI-led systems on individuals as well as on the public at large. 26But are they sufficient to maintain oversight of all AI systems? First, as our analysis suggests, the way that current initiatives structure impact assessments still falls short of facilitating sufficient accountability. In particular, impact assessments provide only limited transparency, secure due process insufficiently, and allow only limited room for public review. 27The initiatives discussed throughout this paper do not require regulated entities to disclose any part of the self-assessment to the public, nor do they provide other means for the public to know that specific conduct took place. Further, under the Algorithmic Accountability Act, individuals are not entitled to notice or the right to be heard. Consequently, the strategy of impact assessment fails to facilitate sufficient public oversight and proper opportunities for correcting erroneous decisions. To improve their oversight potential, we thus recommend some improvements to the existing impact-assessment schemes, including periodic impact assessments, mandatory notice-and-comment procedure, and mandatory publication.