> apply pricing discrimination in a way that a human could not because of regulation?
I've read several anecdotes of people hard coding hacks into black box algorithms which end up being discriminatory even when stuff like race is not a direct input. I do not think the law cares how discrimination is arrived at.
That's true, and AFAIK know due to this, insurances that are bound to those regulation don't touch black box ML with a 10 foot pole. When we were pitching ideas to an insurance company ~5 years ago they basically said "If it's not human-explainable we can't use it".
I've read several anecdotes of people hard coding hacks into black box algorithms which end up being discriminatory even when stuff like race is not a direct input. I do not think the law cares how discrimination is arrived at.