Trade secrets blocked a defendant from analyzing his sentencing algorithm.
Eric Loomis was sentenced to seven years in prison partly based on an algorithmic assessment labeling him high risk. When he wanted to independently analyze the algorithm, the private company responsible denied access, claiming they needed to protect their trade secrets. Wisconsin’s Supreme Court sided with the private company. This case illustrates how companies can behave as much of a black box as the algorithms themselves, preventing defendants from understanding or challenging the automated systems used against them.
— President Biden Is Man, Woman And 40 Years Old - Why We Need Algorithmic Transparency · Forbes