Yaron Dori, August Gweon, and Jayne Ponder of Covington and Burling write:
U.S. policymakers have continued to express interest in legislation to regulate artificial intelligence (“AI”), particularly at the state level. Although comprehensive AI bills and frameworks in Congress have received substantial attention, state legislatures also have been moving forward with their own efforts to regulate AI. This blog post summarizes key themes in state AI bills introduced in the past year. Now that new state legislative sessions have commenced, we expect to see even more activity in the months ahead.
- Notice Requirements: A number of state AI bills focus on notice to individuals. Some bills would require covered entities to notify individuals when using automated decision-making tools for decisions that affect their rights and opportunities, such as the use of AI in employment. For example, the District of Columbia’s “Stop Discrimination by Algorithms Act” (B 114) would require a notice about how the covered entity uses personal information in algorithmic eligibility determinations, including providing information about the source of information, and it would require a separate notice to an individual affected by an algorithmic eligibility determination that results in an “adverse action.” Similarly, the Massachusetts “Act Preventing a Dystopian Work Environment” (HB 1873) likewise would require employers or vendors using an automated decision system to provide notice to workers prior to adopting the system and would require an additional notice if there are “significant updates or changes” made to the system. Additionally, other AI bills have focused on disclosure requirements between entities in the AI ecosystem. For example, Washington’s legislature is considering a bill (HB 1951) that would require developers of automated decision tools to provide documentation of the “known limitations” of the tool, the types of data used to program or train the tool, and how the tool was evaluated for validity to deployers of the tool.
Read more about other themes being addressed in AI bills at Inside Privacy.