Keypoint: Since our last update, the Connecticut Senate passed an algorithmic discrimination bill, an algorithmic discrimination bill was introduced in Colorado and passed the Colorado Senate Judiciary Committee, and an algorithmic discrimination bill passed out of a California committee.
Below is our fourth update on the status of pending US artificial intelligence (AI) legislation that would affect the private sector.Continue Reading AI Legislation Update: April 25, 2024
Keypoint: Since our last update on US artificial intelligence (AI) legislation impacting the private sector, Utah enacted the first AI private sector bill of 2024, Oklahoma moved closer to passing an AI Bill of Rights, Connecticut’s bill advanced through a committee, and California lawmakers introduced two bills that would establish transparency requirements around generative AI and personal information used to train AI models.
Below is our third update on the status of pending US artificial intelligence (AI) legislation that would affect the private sector.Continue Reading AI Legislation Update: March 26, 2024
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.Continue Reading Utah Legislature Passes Private Sector AI Bill
Keypoint: The European Parliament voted to approve the EU’s Artificial Intelligence Act and it will enter force 20 days after publication in the EU Official Journal.
On March 13, 2024, the European Parliament voted to approve the European Union’s Artificial Intelligence Act (commonly referred to as the EU AI Act). The vote, originally scheduled for April of 2024, was moved up by one month after all relevant parties reached agreement on the text of the Act. Following this final vote, the EU AI Act will “enter into force” 20 days after publication in the EU Official Journal, which typically occurs within a few days of an affirmative vote and starts the relevant compliance timelines within the EU AI Act.Continue Reading EU Parliament Approves EU AI Act
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.Continue Reading AI Legislation Update: March 6, 2024
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.Continue Reading AI Legislation Update: February 14, 2024
Keypoint: The California Privacy Protection Agency continued its rulemaking efforts by releasing draft automated decisionmaking technology regulations although the Agency has yet to initiate the formal rulemaking process.
On November 27, 2023, the California Privacy Protection Agency (Agency) published draft automated decisionmaking technology regulations as well as revised draft risk assessment regulations. The draft regulations were released in connection with the Agency’s December 8 board meeting. Importantly, the draft regulations are only intended to facilitate Board discussion and public participation. The Agency has not yet started formal rulemaking.
This article focuses on how the two draft regulations address automated decisionmaking technology (ADMT). The risk assessment regulations contain additional provisions that are not addressed herein. In addition, given that these are only draft regulations, this article only provides a high-level summary and some takeaways. It does not provide an exhaustive analysis of the draft regulations.Continue Reading CPPA Publishes Draft Automated Decisionmaking Technology (AI) Regulations
Key Point: The EEOC released guidance to employers on how to assess adverse impacts when using artificial intelligence (AI) in the employment decision-making process.
The Equal Employment Opportunity Commission (EEOC) recently issued a technical assistance document to help employers avoid discriminating against job applicants and employees when using AI for employment decisions. In the technical assistance, the EEOC highlights that employers may violate Title VII of the Civil Rights Act of 1964 (Title VII) if their algorithmic decision-making tools have an adverse impact on protected classes, even where those tools are designed or administered by third parties.Continue Reading EEOC Issues Guidance on Assessing AI Employment Tools Under Title VII
Keypoint: The AI Act is the first legislation of its kind and is expected to have a significant impact on companies globally.
The European Parliament recently voted in favor of the Artificial Intelligence Act (“AI Act”) with overwhelming majority. Once finalized, the AI Act will have widespread impact for entities using artificial intelligence (“AI”) in their business operations. Similar to the European Union’s (“EU”) General Data Protection Regulation, the AI Act will apply extraterritorially to providers placing on the market or putting into service AI systems in the EU, irrespective of whether those providers are established in the EU or in a third country.
The AI Act is dense and expansive. For entities looking for an introduction to the topic, below we provide a brief overview of the current legislation, as well as what you can expect procedurally as the AI Act progresses toward final passage.Continue Reading An Introduction to the EU AI Act
Keypoint: New York City issued final regulations on the use of automated employment decision tools by employers, with enforcement to begin on July 5, 2023.
The New York City Department of Consumer and Worker Protection (DCWP) adopted its Final Rule to implement Local Law 144, which regulates the use of “automated employment decision tools” (AEDTs) to screen applicants or employees in the city. The DCWP also announced that it will begin enforcing the law on July 5, 2023.Continue Reading NYC Finalizes Regulations on AI Employment Tools and Will Begin Enforcement on July 5, 2023