Artificial Intelligence (AI)

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

As the 2024 elections approach and the window for Congress to consider bipartisan comprehensive artificial intelligence (AI) legislation shrinks, California officials are attempting to guard against a generative AI free-for-all—at least with respect to state government use of the rapidly advancing technology—by becoming the largest state to issue rules for state procurement of AI technologies.  Without nationwide federal rules, standards set by state government procurement rules may ultimately add another layer of complexity to the patchwork of AI-related rules and standards emerging in the states.

On March 21, 2024, the California Government Operations Agency (GovOps) published interim guidelines for government procurement of generative AI technologies.  The new guidance directs state officials responsible for awarding and managing public contracts to identify risks of generative AI, monitor the technology’s use, and train staff on acceptable use, including for procurements that only involve “incidental” AI elements.  For “intentional” generative AI procurements, where an agency is specifically seeking to purchase a generative AI product or service, the guidelines impose a higher standard: in addition to the requirements that apply to “incidental” purchases, agencies seeking generative AI technologies are responsible for articulating the need for using generative AI prior to procurement, testing the technology prior to implementation, and establishing a dedicated team to monitor the AI on an ongoing basis.Continue Reading California Establishes Working Guidance for AI Procurement

With the rapid evolution of artificial intelligence (AI) technology, the regulatory frameworks for AI in the Asia–Pacific (APAC) region continue to develop quickly. Policymakers and regulators have been prompted to consider either reviewing existing regulatory frameworks to ensure their effectiveness in addressing emerging risks brought by AI, or proposing new, AI-specific rules or regulations. Overall, there appears to be a trend across the region to promote AI uses and developments, with most jurisdictions focusing on high-level and principle-based guidance. While a few jurisdictions are considering regulations specific to AI, they are still at an early stage. Further, privacy regulators and some industry regulators, such as financial regulators, are starting to play a role in AI governance.

This blog post provides an overview of various approaches in regulating AI and managing AI-related risks in the APAC region.  Continue Reading Overview of AI Regulatory Landscape in APAC

Senate Commerce Committee Chair Maria Cantwell (D-WA) and Senators Todd Young (R-IN), John Hickenlooper (D-CO), and Marsha Blackburn (R-TN) recently introduced the Future of AI Innovation Act, a legislative package that addresses key bipartisan priorities to promote AI safety, standardization, and access.  The bill would also advance U.S. leadership in AI by facilitating R&D and creating testbeds for AI systems.Continue Reading New Bipartisan Senate Legislation Aims to Bolster U.S. AI Research and Deployment

A New Orleans magician recently made headlines for using artificial intelligence (AI) to  emulate President Biden’s voice without his consent in a misleading robocall to New Hampshire voters. This was not a magic trick, but rather a demonstration of the risks AI-generated “deepfakes” pose to election integrity.  As rapidly evolving AI capabilities collide with the ongoing 2024 elections, federal and state policymakers increasingly are taking steps to protect the public from the threat of deceptive AI-generated political content.

Media generated by AI to imitate an individual’s voice or likeness present significant challenges for regulators.  As deepfakes increasingly become indistinguishable from authentic content, members of Congress, federal regulatory agencies, and third-party stakeholders all have called for action to mitigate the threats deepfakes can pose for elections.  Continue Reading As States Lead Efforts to Address Deepfakes in Political Ads, Federal Lawmakers Seek Nationwide Policies

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

Earlier this month, lawmakers released a discussion draft of a proposed federal privacy bill, the American Privacy Rights Act of 2024 (the “APRA”).  While the draft aims to introduce a comprehensive federal privacy statute for the U.S., it contains some notable provisions that could potentially affect the development and use of artificial intelligence systems.  These provisions include the following:Continue Reading Certain Provisions in the American Privacy Rights Act of 2024 Could Potentially Affect AI

A new post on the Covington Inside Privacy blog discusses remarks by California Privacy Protection Agency (CPPA) Executive Director Ashkan Soltani at the International Association of Privacy Professionals’ global privacy conference last week.  The remarks covered the CPPA’s priorities for rulemaking and administrative enforcement of the California Consumer Privacy Act, including with respect to connected

This quarterly update highlights key legislative, regulatory, and litigation developments in the first quarter of 2024 related to artificial intelligence (“AI”), connected and automated vehicles (“CAVs”), and data privacy and cybersecurity.  As noted below, some of these developments provide industry with the opportunity for participation and comment.Continue Reading U.S. Tech Legislative, Regulatory & Litigation Update – First Quarter 2024

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