Behind the Scenes: Notes from the Executive Director’s Desk
ERC v. Meta is “the most important tech case flying under the radar”: Offers a “road map for algorithmic fairness”
By: Kate Scott
November 21, 2025
Recently, I’ve been trying to learn all I can about AI. This has been a personal quest in addition to a professional one—I want to learn about the promises and threats this technology and our implementation of it offer because as a leader, mother, employee, and person living on this planet, its implications will undoubtedly be profound.
Coupled with the advancing extreme inequality, brutality, and authoritarianism that have characterized life in the United States this year, it’s been an alarming undertaking. Last week, as I settled into bed with a cup of tea and the latest tome I’ve been reading about AI, my partner asked, with a concerned look on his face, “are you SURE you want to read THAT right before bed?”
It’s a uniquely scary time to be alive, and most of the commentary I’ve found about AI and other advancing technology admits as much. Even AI enthusiasts admit the potential for these systems to replicate and intensify discrimination against marginalized groups. That’s why I was so grateful to be reminded of the power we have to hold these technologies accountable.
Equal Rights Center v. Meta is the most important tech case flying under the radar
In this Brookings piece published last week, David Brody writes about our groundbreaking case against Meta:
ERC v. Meta is the first case challenging Meta discrimination in education advertising… It combines state civil rights and consumer protection laws in ways that are both new and very, very old. In so doing, ERC provides a road map for algorithmic fairness and accountability at a time when the federal government is abandoning civil rights protections.
David’s article was a well-timed reminder for me about the roles that those of us committed to equity and justice can play in making them our lived realities. The key, David writes, is that “employing probabilistic systems and opaque AI models does not transform racial steering into a unique special circumstance beyond the scope of our civil rights and consumer protection laws.” These protections still apply, and history offers vital insight on how to leverage them to achieve their goals. David urges leaders to follow ERC’s example to hold powerful technology accountable in the interest of equal opportunity. I hope you’ll read the full piece.
The David vs. Goliath nature of our case against Meta is almost comic in its intensity: ERC, a tiny nonprofit with a staff of 16 fighting for its continued existence, is challenging one of the largest corporations to ever exist in the interest of demanding basic fairness for consumers. This imbalance is another reason the dangers of AI loom so large in my mind. But our audacity is not unreasonable: it is justified by precedent and necessary in this moment.
As always, if you are excited about our work as well, you can support it by making a donation here.
In gratitude,
Kate
