In recent years, the rapid advancement of artificial intelligence (AI) has prompted significant legislative attention in the United States. As businesses increasingly adopt AI technologies, understanding the evolving regulatory landscape is crucial. Here’s a comprehensive overview of the current status of AI-specific legislation and what it means for your business.
On September 12, 2023, the US Senate held public hearings on AI, discussing potential regulations that may include licensing requirements and the establishment of a new federal regulatory agency. The following day, lawmakers held closed-door sessions with AI developers, technology leaders, and civil society groups to gain deeper insights into AI’s impact and regulatory needs.
Several proposed federal laws are particularly noteworthy:
SAFE Innovation AI Framework: This bipartisan set of guidelines aims to steer federal AI legislation by providing principles for AI developers, companies, and policymakers. While not a law, it lays the groundwork for future regulatory efforts.
REAL Political Advertisements Act: This act seeks to regulate the use of generative AI in political advertising to ensure transparency and prevent misinformation.
Stop Spying Bosses Act: Targeting employer surveillance, this act aims to regulate the use of AI and machine learning in monitoring employees.
Draft No FAKES Act: This proposed legislation would protect individuals' voice and visual likenesses from unauthorized generative AI recreations.
AI Research Innovation and Accountability Act: This act emphasizes transparency, accountability, and security in AI. It proposes enforceable standards for high-risk AI systems and requires companies to produce transparency reports. The National Institute of Standards and Technology (NIST) would issue sector-specific recommendations under this act.
State governments are also actively shaping AI regulation. Here are some significant developments:
Colorado AI Act: Enacted on May 17, 2024, this comprehensive legislation focuses on automated decision-making systems, particularly those making consequential decisions. It mandates developers and deployers to use reasonable care to avoid bias and discrimination. The act will take effect in 2026.
California Consumer Privacy Act (CCPA): The CCPA includes provisions on automated decision-making tools. The California Privacy Protection Agency is drafting rules to govern consumer rights related to these technologies. Expected to be formalized in 2024, these rules will require businesses to disclose their use of automated decision-making technologies (ADMT).
Connecticut and Texas: Both states have introduced statutes establishing working groups to review AI systems used by state agencies, ensuring they do not result in unlawful discrimination.
For businesses leveraging AI, staying compliant with these emerging regulations is critical. Here’s how you can prepare:
As AI technology continues to evolve, so too will the regulatory landscape. Businesses must stay proactive in understanding and complying with new AI-specific legislation to harness the benefits of AI while mitigating legal risks. By staying informed and prepared, you can ensure your business thrives in this dynamic environment.