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State-Level AI Regulations

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 Taking Action

Other states, such as New Mexico, have focused on regulating how computer-generated images can appear in media and political campaigns. Some, like Iowa, have criminalized sexually charged computer-generated images, especially when they portray children.

“We can’t just sit and wait,” Delaware state Rep. Krista Griffith, D-Wilmington, who has sponsored AI regulation, told States Newsroom. “These are issues that our constituents are demanding protections on, rightfully so.”

Delaware’s Personal Data Privacy Act

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.

Federal Legislation Stalled

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.

Public Interaction with AI

How do everyday people interact with AI?

Technologists have been experimenting with decision-making algorithms for decades — early frameworks date back to the 1950s. But generative AI, which can generate images, language, and responses to prompts in seconds, is what’s driven the industry in the last few years.

Many Americans have been interacting with artificial intelligence their whole lives, and industries like banking, marketing and entertainment have built much of their modern business practices upon AI systems. These technologies have become the backbone of huge developments like power grids and space exploration.

Competing Interests: Industry vs. Privacy

Andrew Gamino-Cheong cofounded AI governance management platform Trustible early last year as the states began to pump out legislation. The platform helps organizations identify risky uses of AI and comply with regulations that have already been put in place.

Both state and federal legislators understand the risk in passing new AI laws: too many regulations on AI can be seen as stifling innovation, while unchecked AI could raise privacy problems or perpetuate discrimination.

Looking Forward

While most of the AI laws enacted have focused on protecting users from the harms of AI, many legislators are also excited by its potential. A recent study by the World Economic Forum has found that artificial intelligence technologies could lead to the creation of about 97 million new jobs worldwide by 2025, outpacing the approximately 85 million jobs displaced to technology or machines.

Rep. Griffith is looking forward to digging more into the technologies’ capabilities in a working group, saying it’s challenging to legislate about technology that changes so rapidly, but it’s also fun.

“Sometimes the tendency when something’s complicated or challenging or difficult to understand is like, you just want to run and stick your head under the blanket,” she said. “But it’s like, everybody stop. Let’s look at it, let’s understand it, let’s read about it. Let’s have an honest discussion about how it’s being utilized and how it’s helping.”

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