AI & PRIVACYStates Strike Out on Their Own on AI, Privacy Regulation
There’s been no shortage of AI tech regulation bills in Congress, but none has passed. In the absence of congressional action, states have stepped up their own regulatory action. States have been legislating about AI since at least 2019, but bills relating to AI have increased significantly in the last two years.
As congressional sessions have passed without any new federal artificial intelligence laws, state legislators are striking out on their own to regulate the technologies in the meantime.
Colorado just signed into effect one of the most sweeping regulatory laws in the country, which sets guardrails for companies that develop and use AI. Its focus is mitigating consumer harm and discrimination by AI systems, and Gov. Jared Polis, a Democrat, said he hopes the conversations will continue on the state and federal level.
Other states, such as New Mexico, have focused on regulating how computer-generated images can appear in media and political campaigns. Some, such as Iowa, have criminalized sexually charged computer-generated images, especially when they portray children.
“We can’t just sit and wait,” Delaware Democratic state Rep. Krista Griffith, who has sponsored AI regulation, told States Newsroom. “These are issues that our constituents are demanding protections on, rightfully so.”
Griffith is the sponsor of the Delaware Personal Data Privacy Act, which was signed last year and will take effect on Jan. 1, 2025. The law will give residents the right to know what information is being collected by companies, correct any inaccuracies in data or request to have that data deleted. The bill is similar to other state laws around the country that address how personal data can be used.
There’s been no shortage of tech regulation bills in Congress, but none have passed. The 118th Congress saw bills relating to imposing restrictions on artificial intelligence models that are deemed high risk, creating regulatory authorities to oversee AI development, imposing transparency requirements on evolving technologies and protecting consumers through liability measures.
In April, a new draft of the American Privacy Rights act of 2024 was introduced, and in May, the Bipartisan Senate Artificial Intelligence Working Group released a road map for AI policy that aims to support federal investment in AI while safeguarding against the risks of the technology.
Griffith also introduced a bill this year to create the Delaware Artificial Intelligence Commission, and said that if the state stands idly by, it will fall behind on these already quickly evolving technologies.
“The longer we wait, the more behind we are in understanding how it’s being utilized, stopping or preventing potential damage from happening, or even not being able to harness some of the efficiency that comes with it that might help government services and might help individuals live better lives,” Griffith said.
