States Fill the AI Legislation Void Left by Congress

As Congress has failed to pass comprehensive legislation governing artificial intelligence (AI), states have stepped up to fill the void. In recent years, a growing number of states have enacted laws and regulations to address AI’s potential risks and benefits.

These laws vary in scope and ambition, but they generally focus on areas such as:

• Transparency:Requiring companies to disclose how they use AI and the potential impacts of their AI systems.
• Accountability:Establishing mechanisms for holding companies accountable for the harms caused by their AI systems.
• Fairness:Preventing AI systems from discriminating against individuals or groups.
• Safety:Ensuring that AI systems are safe and reliable.

Some of the most notable AI legislation enacted by states in recent years includes:

• California’s Consumer Privacy Act (CCPA):The CCPA requires companies to disclose how they collect and use personal data, including data used to train AI systems.
• Virginia’s Consumer Data Protection Act (CDPA):The CDPA is similar to the CCPA but includes additional provisions governing the use of AI systems.
• New York’s Stop Hacks and Improve Electronic Data Security Act (SHIELD Act):The SHIELD Act requires businesses to implement security measures to protect personal data from cyberattacks.
• Washington’s Facial Recognition Technology Act:The Facial Recognition Technology Act prohibits using facial recognition technology by law enforcement without a warrant.

The patchwork of state AI legislation creates challenges for businesses operating across multiple states. However, it is also an opportunity for states to learn from each other and develop best practices for regulating AI.

With Congress stalled on AI legislation, states are taking the lead in addressing this rapidly developing technology’s potential risks and benefits. The patchwork of state AI legislation is creating challenges for businesses, but it is also an opportunity for states to learn from each other and develop best practices.

It remains to be seen whether Congress will eventually pass comprehensive AI legislation. However, the state-level efforts are helping to lay the groundwork for a national framework for regulating AI.