I'd say there's a one really important difference between being Black and using Hotmail, and that difference is the same reason why one is a protected class and one isn't.
The real concern here isn't discriminating against people with Hotmail accounts. On the surface level, there's nothing wrong with that. This does become an issue if the property of having a Hotmail account is used as an avenue to discriminate against people based on their membership in a protected class -- a sort of actuarial parallel construction, if you will. At that point, we do have a bit of a problem.
> We need regulation in place to stop any punitive decision making, public and private, which can be found in court to be based on correlation instead of causation.
So, young men could not be charged more for insurance than young women? In fact, young people in general would have to get the same price as everyone else? People in New York would have to pay the same as someone in rural Alaska? Someone who's been driving a year gets charged the same as someone who has been driving fifteen, etc.? Even being in an accident doesn't cause you to get in another accident. It's just correlated with that outcome. Throw out the entire actuarial aspect of insurance? These "punitive" charges are all based on correlation. I don't see this happening.
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That said, as a non-statistician, I'm interested in what kinds of tests can be run on signals to verify that they're not proxies for selecting and discriminating against protected classes. Is there a way to modify a signal using its correlation with membership in these classes such that you can marginalize the attributes you're not allowed to discriminate based on?
For example, it seems reasonable to believe that hotmail use is correlated with age, race, gender, etc. As an insurance company, I would have information on hand to inform me as to the extent of this correlation, at least among my customer base, and I would in turn know the correlations of those factors with risk. Could I somehow remove the racial, gender, and age components of the Hotmail risk signal to obtain a signal that only conveys the portion of the risk correlation that is not based on those classes? If so, what is that statistical technique called?