Written by 3:42 pm AI Threat, Uncategorized

### Delving into AI Governance: Key Agendas Outlined by State Attorneys General

Martine E. Cicconi and Mark R. Herring of Akin Gump Strauss Hauer & Feld LLP discuss the develo…

On November 9, 2023, Artificial Intelligence (AI) stands out as one of the most potent and transformative technologies of our time, offering solutions to some of society’s most critical challenges, as highlighted by the National AI Advisory Committee. This committee, responsible for advising the President and other stakeholders on matters related to artificial intelligence, recognizes the widespread adoption of AI across various industries and the expanding range of its applications.

There is a growing interest among policymakers in harnessing the benefits of AI-driven tools while mitigating potential risks, drawing the attention of the business community. Efforts are underway to establish a legislative and regulatory framework for AI, with Republican bills introduced in both the U.S. Senate and House of Representatives. Furthermore, the White House recently issued an Executive Order on October 30, building upon President Biden’s AI Bill of Rights and securing commitments from 15 major tech companies involved in AI-related activities.

The momentum towards AI regulation is not confined to federal initiatives; half of the U.S. states are expected to introduce AI-related legislation in 2023, with several states like California, Connecticut, and Rhode Island mandating companies to disclose their AI use cases. Other states such as Illinois, Louisiana, and Texas have set up experimental boards to conduct AI risk assessments, while Colorado is in the process of formulating policies to address potential negative impacts of AI.

State Attorneys General (AGs), serving as the top law enforcement officials in their respective states, are actively engaged in understanding and overseeing AI developments to leverage its benefits while ensuring public safety. In a joint effort, 23 State AGs across party lines wrote to the National Telecommunications and Information Administration (NTIA) in June 2023, emphasizing the importance of ensuring the trustworthiness, reliability, safety, security, adaptability, accountability, transparency, interpretability, privacy protection, and fairness of AI systems.

AGs are particularly concerned about the implications of AI in high-risk scenarios, such as cases of child endangerment. AGs from all states and territories urged Congress in September 2023 to investigate the impact of AI on child welfare, emphasizing the urgent need to shield the nation’s youth from potential AI-related dangers.

While recognizing the federal government’s pivotal role in AI governance, AGs are prepared to take proactive measures in the absence of comprehensive federal legislation. Leveraging existing consumer protection laws, data privacy regulations, and specialized AI-focused tools, AGs are poised to address deceptive AI practices, dark patterns, and potential privacy violations associated with AI technologies.

As the regulatory landscape evolves, AGs are expected to focus on preventing AI-driven discrimination and bias, building on recent legislative efforts such as New York City’s requirement for bias assessments in automated hiring tools and Colorado’s laws against unfair insurance practices utilizing external data sources.

In conclusion, the advent of AI presents vast opportunities alongside inherent risks, prompting AGs to adopt a vigilant stance in safeguarding consumer rights and ensuring ethical AI deployment. Businesses operating in the AI space should remain attuned to evolving regulatory priorities and be prepared for heightened scrutiny and enforcement actions in the realm of AI technologies.

[Note: The views expressed in this text are the author’s own and do not reflect the opinions of Reuters News. Thomson Reuters, the parent company of Westlaw Today, upholds principles of integrity, independence, and impartiality in line with the Trust Principles.]

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Last modified: February 10, 2024
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