This Article examines three distinct areas to consider how we might move

toward racially equitable and accountable tech. The three distinct areas are:

(1) fair housing, (2) surveillance, and (3) social media. Fair housing raises

questions about where today’s racially biased algorithms fit within the context

of historical, racist government housing policy. Surveillance raises questions

about how some tech tools render Black faces invisible, while others render

Black faces dangerously conspicuous. Social media highlights the clash

between civil rights and civil liberties, especially when racial justice conflicts

with freedom of speech. Our analysis leads us to consider the extent to which

legal and non-legal remedies can promote a racially equitable and accountable

tech industry. Moreover, in the context of a Biden administration, we consider

the promise of the federal government to lead us in the fight to promote change.

Ultimately, the Article suggests that legislators, lawyers, journalists, activists,

artists, designers, developers, and community organizers must work together,

using all available tools, to dismantle structural racism in tech.