Photo of David Stauss [Former Attorney]

David Stauss [Former Attorney]

 

Formerly with Husch Blackwell, David routinely counseled clients on complying with privacy laws such as the EU's General Data Protection Regulation, the California Consumer Privacy Act, the Colorado Privacy Act, and other state privacy laws.

Keypoint: While not as far-reaching as bills under consideration in other states, the Utah bill creates some obligations for private sector companies deploying generative artificial intelligence, including disclosing its use.

In early March, the Utah legislature unanimously passed SB 149. The bill is now with Utah Governor Spencer Cox for signature. In general, the bill: (1) specifies that Utah’s consumer protection laws apply equally to an entity’s use of generative artificial intelligence as they do to the entity’s other activities, (2) requires private sector entities to take steps to disclose and/or respond to inquiries about their use of generative artificial intelligence, and (3) creates the Office of Artificial Intelligence Policy which is charged with, among other things, administering an artificial intelligence learning laboratory program. Once signed by the Governor, the law will go into effect on May 1, 2024.

In the below article, we provide a brief analysis of the bill’s provisions.

Keypoint: The Utah legislature repealed and replaced the Utah Social Media Act in response to a lawsuit challenging the law on constitutional grounds.

Prior to closing in early March, the Utah legislature passed two bills (SB 194 and HB 464) that repeal and replace the Utah Social Media Regulation Act, which the legislature passed just last year. The bills are the second part of a legislative process in which Utah lawmakers amended the Act in response to a lawsuit filed by an Internet trade association challenging the Act on constitutional grounds. The Utah legislature previously pushed back the Act’s effective date to delay the legal challenge while lawmakers worked to revise the Act. In the below article, we provide a brief background on the Act and then discuss the changes made by the two bills.

Keypoint: Since our inaugural post on US artificial intelligence legislation, the first AI bill from this year is set to pass in Utah, new bills have been introduced in Connecticut, Illinois, New Jersey, and several bills have stalled in Virginia, Rhode Island, and Washington.

Below is our second update on the status of pending US artificial intelligence (AI) legislation that would affect the private sector.

Keypoint: In only its second public enforcement settlement, the California Attorney General announced a $375,000 fine along with injunctive relief.

On February 21, 2024, the California Attorney General announced that it had reached a settlement with a company, resolving allegations that the company violated the California Consumer Privacy Act (CCPA) and California Online Privacy Protection Act (CalOPPA). This is only the second time the Attorney General’s office has publicly announced a settlement. In August 2022, the office announced a settlement over allegations that a company failed to disclose that it was selling consumers’ personal information and failed to process opt-out requests via user-enabled global privacy controls.

In announcing the enforcement action, Attorney General Bonta stated “I hope today’s settlement serves as a wakeup call to businesses: The CCPA has been in effect for over four years now, and businesses must comply with this important privacy law. Violations cannot be cured, and my office will hold businesses accountable if they sell data without protecting consumers’ rights.”

In the below article we provide a brief overview of the settlement.

Keypoint: In our first regular update on the happenings of US artificial intelligence law, we provide an overview of proposed state AI-related private sector bills.

Below is our first regular update on the status of US artificial intelligence laws. In this update, we provide an overview of proposed state artificial intelligence bills impacting the private sector and links to recent firm articles on various AI-related issues.

Keypoint: Based on the appellate court’s ruling, the new CCPA regulations are enforceable immediately instead of on March 29, 2024.

On February 9, 2024, a three-judge panel of the California Court of Appeals issued an order overruling a California trial court decision and holding that the new CCPA regulations approved by the Office of Administrative…