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In this position paper, we introduce a new epistemic lens for analyzing algorithmic harm. We argue that the epistemic lens we propose herein has two key contributions to help reframe and address some of the assumptions underlying inquiries into algorithmic fairness. First, we argue that using the framework of epistemic injustice helps to identify the root causes of harms currently framed as instances of representational harm. We suggest that the epistemic lens offers a theoretical foundation for expanding approaches to algorithmic fairness in order to address a wider range of harms not recognized by existing technical or legal definitions. Second, we argue that the epistemic lens helps to identify the epistemic goals of inquiries into algorithmic fairness. There are two distinct contexts within which we examine algorithmic harm: at times, we seek to understand and describe the world as it is, and, at other times, we seek to build a more just future. The epistemic lens can serve to direct our attention to the epistemic frameworks that shape our interpretations of the world as it is and the ways we envision possible futures. Clarity with respect to which epistemic context is relevant in a given inquiry can further help inform choices among the different ways of measuring and addressing algorithmic harms. We introduce this framework with the goal of initiating new research directions bridging philosophical, legal, and technical approaches to understanding and mitigating algorithmic harms. 

As algorithms have become ubiquitous in consequential domains, societal concerns about the potential for discriminatory outcomes have prompted urgent calls to address algorithmic bias. In response, a rich literature across computer science, law, and ethics is rapidly proliferating to advance approaches to designing fair algorithms. Yet computer scientists, legal scholars, and ethicists are often not speaking the same language when using the term ‘bias.’ Debates concerning whether society can or should tackle the problem of algorithmic bias are hampered by conflations of various understandings of bias, ranging from neutral deviations from a standard to morally problematic instances of injustice due to prejudice, discrimination, and disparate treatment. This terminological confusion impedes efforts to address clear cases of discrimination. In this paper, we examine the promises and challenges of different approaches to disambiguating bias and designing for justice. While both approaches aid in understanding and addressing clear algorithmic harms, we argue that they also risk being leveraged in ways that ultimately deflect accountability from those building and deploying these systems. Applying this analysis to recent examples of generative AI, our argument highlights unseen dangers in current methods of evaluating algorithmic bias and points to ways to redirect approaches to addressing bias in generative AI at its early stages in ways that can more robustly meet the demands of justice.