The laws governing artificial intelligence are increasingly different depending on where you are in the US, a mounting source of confusion for businesses racing to capitalize on the rise of AI.
This year in Utah state lawmakers are debating legislation requiring certain businesses to disclose if their products interact with consumers without using a human.
In Connecticut, state legislators are considering a bill that would place stricter limitations on transparency about the inner workings of AI systems considered "high risk."
They are among the 30 states (plus the District of Columbia) that have either proposed or have adopted new laws placing constraints, either directly or indirectly, on how AI systems are designed and used.
The legislation targets everything from the protection of children and data transparency to reducing bias and protecting consumers from AI-generated decisions in healthcare, housing, and employment.
"It’s really just a mess for business," Goli Mahdavi, a lawyer with Bryan Cave Leighton Paisner, said about the still-developing bills and newly enacted statutes. "It’s just a lot of uncertainty."
The reason for the patchwork of laws across the US is the lack of action from Washington to offer direct federal regulation of the fast-evolving technology, largely because not all US lawmakers agree new laws are needed to police AI.
Things are different in other parts of the world. The European Union passed a comprehensive AI law called the AI Act into law this year. And China has adopted more politically focused AI laws that target AI-generated news distribution, deep fakes, chatbots, and datasets.
Yet the state laws being debated or enacted in the US do reflect priorities set out by the federal government, Mahdavi said.
President Biden, for example, has directed AI developers and users to apply AI "responsibly" in an executive order issued last October. Then in January, the administration added a requirement for developers to disclose their safety test results to the government.
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