In late August, the California legislature passed two bills that would limit the creation or use of “digital replicas,” making California the latest state to seek new protections for performers, artists, and other employees in response to the rise of AI-generated content. These state efforts come as Congress considers the NO FAKES Act (S. 4875), introduced by Senator Chris Coons (D-DE) on July 31, which would establish a federal “digital replication right” over individual’s own digital replicas and impose liability on persons who knowingly create, display, or distribute digital replicas without consent from the right holder.Continue Reading California Passes Digital Replica Legislation as Congress Considers Federal Approach
Federal Agencies Continue Implementation of AI Executive Order
With Congress in summer recess and state legislative sessions waning, the Biden Administration continues to implement its October 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (“EO”). On July 26, the White House announced a series of federal agency actions under the EO for managing AI safety and security risks, hiring AI talent in the government workforce, promoting AI innovation, and advancing US global AI leadership. On the same day, the Department of Commerce released new guidance on AI red-team testing, secure AI software development, generative AI risk management, and a plan for promoting and developing global AI standards. These announcements—which the White House emphasized were on time within the 270-day deadline set by the EO—mark the latest in a series of federal agency activities to implement the EO.Continue Reading Federal Agencies Continue Implementation of AI Executive Order
U.S. Tech Legislative, Regulatory & Litigation Update – Second Quarter 2024
This quarterly update highlights key legislative, regulatory, and litigation developments in the second quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.
I. Artificial Intelligence
Federal Legislative Developments
- Impact Assessments: The American Privacy Rights Act of 2024 (H.R. 8818, hereinafter “APRA”) was formally introduced in the House by Representative Cathy McMorris Rodgers (R-WA) on June 25, 2024. Notably, while previous drafts of the APRA, including the May 21 revised draft, would have required algorithm impact assessments, the introduced version no longer has the “Civil Rights and Algorithms” section that contained these requirements.
- Disclosures: In April, Representative Adam Schiff (D-CA) introduced the Generative AI Copyright Disclosure Act of 2024 (H.R. 7913). The Act would require persons that create a training dataset that is used to build a generative AI system to provide notice to the Register of Copyrights containing a “sufficiently detailed summary” of any copyrighted works used in the training dataset and the URL for such training dataset, if the dataset is publicly available. The Act would require the Register to issue regulations to implement the notice requirements and to maintain a publicly available online database that contains each notice filed.
- Public Awareness and Toolkits: Certain legislative proposals focused on increasing public awareness of AI and its benefits and risks. For example, Senator Todd Young (R-IN) introduced the Artificial Intelligence Public Awareness and Education Campaign Act (S. 4596), which would require the Secretary of Commerce, in coordination with other agencies, to carry out a public awareness campaign that provides information regarding the benefits and risks of AI in the daily lives of individuals. Senator Edward Markey (D-MA) introduced the Social Media and AI Resiliency Toolkits in Schools Act (S. 4614), which would require the Department of Education and the federal Department of Health and Human Services to develop toolkits to inform students, educators, parents, and others on how AI and social media may impact student mental health.
Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – Second Quarter 2024
Colorado and California Continue to Refine AI Legislation as Legislative Sessions Wane
With most state legislative sessions across the country adjourned or winding down without enacting significant artificial intelligence legislation, Colorado and California continue their steady drive to adopt comprehensive legislation regulating the development and deployment of AI systems.
Colorado
Although Colorado’s AI law (SB 205), which Governor Jared Polis (D) signed into law in May, does not take effect until February 1, 2026, lawmakers have already begun a process for refining the nation’s first comprehensive AI law. As we described here, the new law will require developers and deployers of “high-risk” AI systems to comply with certain requirements in order to mitigate risks of algorithmic discrimination.
On June 13, Governor Polis, Attorney General Phil Weiser (D), and Senate Majority Leader Robert Rodriguez (D) issued a public letter announcing a “process to revise” the new law before it even takes effect, and “minimize unintended consequences associated with its implementation.” The revision process will address concerns that the high cost of compliance will adversely affect “home grown businesses” in Colorado, including through “barriers to growth and product development, job losses, and a diminished capacity to raise capital.”Continue Reading Colorado and California Continue to Refine AI Legislation as Legislative Sessions Wane
Colorado Becomes the First State to Pass Comprehensive AI Legislation
In the absence of congressional action on comprehensive artificial intelligence (AI) legislation, state legislatures are forging ahead with groundbreaking bills to regulate the rapidly advancing technology. On May 8, the Colorado House of Representatives passed SB 205, a far-reaching and comprehensive AI bill, on a 41-22-2 vote. The final vote comes just days after the state Senate’s passage of the bill on May 3, making Colorado the first state in the nation to send comprehensive AI legislation to its governor for signing. While Governor Jared Polis (D) has not indicated whether he will sign or veto the bill, if SB 205 becomes law, it would establish a broad regulatory regime for developers and deployers of “high-risk” AI systems. Continue Reading Colorado Becomes the First State to Pass Comprehensive AI Legislation
California Senate Committee Advances Comprehensive AI Bill
On April 2, the California Senate Judiciary Committee held a hearing on the Safe and Secure Innovation for Frontier Artificial Intelligence Models Act (SB 1047) and favorably reported the bill in a 9-0 vote (with 2 members not voting). The vote marks a major step toward comprehensive artificial intelligence (AI) regulation in a state that is home to both Silicon Valley and the nation’s first comprehensive privacy law.Continue Reading California Senate Committee Advances Comprehensive AI Bill
Tennessee Enacts Legislation to Protect Musicians from AI-Generated Voice Impersonations
State lawmakers across the country continue to pursue new legislation to regulate the use of artificial intelligence (“AI”), and especially the creation and distribution of AI-generated content (sometimes referred to as “deepfakes,” “synthetic content,” or “fabricated media”). On March 21, 2024, Tennessee’s governor signed the Ensuring Likeness, Voice, and Image Security Act (“ELVIS Act”) (HB 2091), marking a new push by state lawmakers to protect the commercial interests of artists and musicians from AI-generated impersonations.Continue Reading Tennessee Enacts Legislation to Protect Musicians from AI-Generated Voice Impersonations
State Lawmakers Pass Flurry of AI Legislation
State lawmakers are pursuing a variety of legislative proposals aimed at regulating the development and use of artificial intelligence (“AI”). In the past two months, legislators in Florida, New Mexico, Utah, and Washington passed legislation regulating AI-generated content, and Utah’s legislature passed legislation regulating generative AI and establishing a state test bed for evaluating future AI regulations. These are just a sampling of the wave of legislative proposals advancing in states across the country.Continue Reading State Lawmakers Pass Flurry of AI Legislation
Department of Commerce Issues Proposed Rule to Regulate Infrastructure-as-a-Service Providers and Resellers
On January 29, 2024, the Department of Commerce (“Department”) published a proposed rule (“Proposed Rule”) to require providers and foreign resellers of U.S. Infrastructure-as-a-Service (“IaaS”) products to (i) verify the identity of their foreign customers and (ii) notify the Department when a foreign person transacts with that provider or reseller to train a large artificial intelligence (“AI”) model with potential capabilities that could be used in malicious cyber-enabled activity. The proposed rule also contemplates that the Department may impose special measures to be undertaken by U.S. IaaS providers to deter foreign malicious cyber actors’ use of U.S. IaaS products. The accompanying request for comments has a deadline of April 29, 2024.Continue Reading Department of Commerce Issues Proposed Rule to Regulate Infrastructure-as-a-Service Providers and Resellers
Trends in AI: U.S. State Legislative Developments
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.Continue Reading Trends in AI: U.S. State Legislative Developments