May 2024

10 Things You Need to Know about Colorado’s SB205 Consumer Protections for Artificial Intelligence

Colorado's Governor signed SB24-205 into law, providing consumer protections for artificial intelligence (AI) that will come into effect on February 1, 2026. The law requires developers and deployers of AI systems to demonstrate reasonable care to protect consumers from known or foreseeable risks of algorithmic discrimination. Deployers must implement a risk management policy, while developers must take reasonable care to protect consumers and provide deployers with documentation. The law defines algorithmic discrimination as unlawful differential treatment or impact against individuals or groups on the basis of certain characteristics. The law does not apply to certain high-risk systems approved or used in compliance with federal agency standards.

Colorado passes law enacting consumer protections for AI

Colorado has passed a law to protect consumers in their interactions with AI systems, SB24-205, which mandates regulation of high-risk AI systems and prevents algorithmic discrimination. Developers of high-risk systems must take reasonable precautions to prevent algorithmic discrimination, such as disclosing information and conducting impact assessments. High-risk system deployers must implement risk management protocols, conduct impact assessments, and provide consumers opportunities to correct incorrect data. The law applies to any person who does business in Colorado, and enforcement lies solely in the power of the Attorney General. The law provides defenses for developers or deployers if they comply with a nationally or internationally recognized AI risk management framework. There are no specified penalties for violations, and compliance can be maximized with Holistic AI's Governance Platform.

April 2024

Biden Executive Order 14110 – A 6-Month Update

In October 2023, President Biden signed the Executive Order (EO) on Safe, Secure, and Trustworthy Artificial Intelligence, which established AI safety and security standards, promoted consumer protection, enabled AI innovation, and advanced American technology leadership. Federal departments and agencies have successfully completed all tasks within 90 days, 150 days, and 180 days. These tasks included establishing disclosure requirements for developers of the most advanced AI systems, evaluating potential AI risks affecting critical infrastructure, preventing foreign entities from developing AI for malicious purposes, expanding investment into AI innovation and talent attraction, and creating an AI task force to expand AI innovation in healthcare. Further actions include the establishment of AI Governance Boards, submission of a report on authenticating, labeling, and detecting synthetic content, and identifying clinical errors arising from the use of AI in healthcare. The EO sets foundations for AI risk management, regulation, and innovation in the US.

What you need to know about the proposed American Privacy Rights Act for AI

The American Privacy Rights Act (APRA) proposal, released by two bipartisan committee chairs, could lead to the first national data privacy framework in the US. It aims to solve the challenge caused by an absence of a national standard, and includes several consumer privacy provisions, restricts data collection and use, and creates a national registry of data brokers. The APRA does not specifically address AI, but its broad domain means it inadvertently covers AI systems that process personal data. Industry leaders have responded positively, but lawmakers are disappointed in the lack of protections for minors and may introduce complementary legislation. The bill has not yet been formally introduced, and Holistic AI can help maximise compliance with the new regulations.

OMB Policy on Governance, Innovation, and Risk Management

The White House Office of Management and Budget (OMB) has issued a policy on advancing governance, innovation, and risk management for agency use of artificial intelligence (AI). The policy directs federal agencies to promote AI innovation and governance while managing the risks associated with the technology, especially those impacting the safety and rights of the American public. This aligns with President Biden’s executive order on AI and creates a balance between responsibility and innovation while making federal agencies accountable for the development and risk management of AI. The policy outlines several AI governance, innovation, and risk management actions for federal agencies, including managing risks related to the procurement of AI, addressing risks from the use of AI, expanding transparency of AI use, advancing responsible AI innovation, and growing the AI workforce. Alongside the policy, measures such as increasing reporting on the 2024 Federal AI Use Case Inventory and issuing a Request for Information (RFI) on the responsible procurement of AI in government have been introduced to promote responsible AI use.