August 2023

California’s Progress Towards Regulating AI

California is taking significant steps towards regulating AI, with multiple proposed laws aimed at making AI systems safer and fairer. AB-331 seeks to prohibit the use of automated decision tools that contribute or result in algorithmic discrimination, while the California Workplace Technology Accountability Act focused on regulating worker information systems and electronic monitoring in the workplace. Modifications have also been proposed to California’s existing employment regulations to address the use of AI in employment decisions. Additionally, SB-313 seeks to establish the Office of Artificial Intelligence within the Department of Technology to guide the design, use, and deployment of automated systems used by state agencies with the aim of minimizing bias.

June 2023

AI Disclosure Act of 2023: A Step Towards Algorithmic Transparency

The AI Disclosure Act of 2023 is a federal bill introduced by U.S. Representative Ritchie Torres of New York's 15th Congressional District that seeks to create greater transparency around the use of generative AI. The bill requires any outputs generated by artificial intelligence to be accompanied by a disclaimer indicating that it was generated by AI. Violating this requirement will result in penalties, privileges, and immunities under the Federal Trade Commission Act. The AI Disclosure Act is an important step towards algorithmic transparency, but it is not the first initiative to increase algorithmic transparency. Other initiatives include the Illinois Artificial Intelligence Video Interview Act, New York City Local Law 144, Maryland’s HB1202, and the EU AI Act. Organizations using AI should prepare for compliance with transparency requirements in advance to ensure compliance.

April 2023

The EEOC Releases a Joint Statement on AI and Automated Systems

The Equal Employment Opportunity Commission (EEOC) has joined forces with the Consumer Financial Protection Bureau (CFPB), the Department of Justice's Civil Rights Division (DOJ), and the Federal Trade Commission (FTC) to issue a joint statement on the use of artificial intelligence (AI) and automated systems. The statement emphasizes the need to ensure that the use of AI and automated systems does not violate federal laws related to fairness, equality, and justice. The EEOC has also launched an AI and algorithmic fairness initiative, published guidance on AI-driven assessments and drafted a strategic enforcement plan for 2023-2027. The statement warns about the risk of discriminatory outcomes resulting from automated systems trained on biased, imbalanced, or erroneous data or without considering the social context.

March 2023

The US Pushing for Responsible AI in Military Use

The US Department of State has released a "Political Declaration on Responsible Military Use of Artificial Intelligence and Autonomy", outlining 12 best practices for responsible AI in military applications. The declaration emphasizes the importance of using AI in accordance with international law and developing auditable methodologies to avoid unintended consequences and bias. It has been signed by 60 countries, including the US and China. The US Department of Defense adopted its own Ethical Principles for Artificial Intelligence in 2020, with the aim of facilitating the lawful use of AI systems in both combat and non-combat functions. The Department's approach to Responsible Artificial Intelligence largely focuses on supplementing existing laws, regulations, and norms to address novel issues stemming from AI, with a focus on reliability, risk management, and ethics.

February 2023

SB-313: A Proposal for an Office of Artificial Intelligence in California

California State Senator Bill Dodd introduced Senate Bill 313 to regulate the use of AI in California. The Bill aims to establish the Office of Artificial Intelligence within the Department of Technology to guide the design and deployment of automated systems by state agencies, ensuring compliance with state and federal regulations and minimizing bias. It also prioritizes fairness, transparency, and accountability to prevent discrimination and protect privacy and civil liberties. The Bill lacks specific actions and enforcement guidelines, but future amendments will likely address this. Holistic AI offers compliance services for AI regulations.