States And Localities Begin To Focus On Use Of Artificial Intelligence – New Technology – United States – Mondaq
As artificial intelligence (AI) becomes increasingly embeddedinto products, services, and business decisions, state and locallawmakers have been considering and passing a range of lawsaddressing AI. These vary from laws that promote AI to moreregulatory approaches that impose obligations on AI in specificareas. In a development that parallels the evolution of privacylaws, states and localities have moved ahead with initiatives ontheir own. However, unlike in privacy, where a set of legislativeapproaches has been debated for years, approaches to dealing withAI have been far more varied and scattershot. This kind of apatchwork approach, if it continues, may create issues withmanaging regulatory compliance for many uses of AI acrossjurisdictions.
States and Localities Are Beginning to Move Forward with aPiecemeal Approach to AI
In 2021, five jurisdictions Alabama, Colorado, Illinois,Mississippi, and New York City enacted legislationspecifically directed at the use of AI. Their approaches varied,from creating bodies to study the impact of AI to regulating theuse of AI in contexts where governments have been concerned aboutincreased risk of harm to individuals.
Some of these laws have focused on promoting AI. For instance,Alabama's law establishes a council to review and advise theGovernor, the legislature, and other interested parties on the useand development of advanced technology and AI in the state. TheMississippi law implements a mandatory K-12 curriculum thatincludes instruction in AI.
Conversely, some laws are more regulatory and skeptical of AI.For example, Illinois has adopted two AI laws onethatdevelopsa task force to study the impactof emerging technologies, including AI, on the future of work andanother thatmandatesnotice, consent, and reportingobligations for employers that use AI in hiring. Under existingIllinois law, an employer that asks applicants to record videointerviews and uses an AI analysis must: (1) notify the applicantthat AI may be used to analyze the applicant's video interviewand consider the applicant's fitness for the position; (2)provide each applicant with information explaining how the AI worksand what general types of characteristics the AI uses to evaluateapplicants; and (3) obtain consent from the applicant. The law alsolimits the sharing of the videos and extends to applicants a rightto delete the videos. A 2021 amendment imposes reportingrequirements on an employer that relies solely upon an AI analysisof a video interview to determine whether an applicant will beselected for an in-person interview. The state Department ofCommerce and Economic Opportunity is required to annually analyzecertain demographic data reported and report to the Governor andGeneral Assembly whether the data discloses a racial bias in theuse of AI.
Colorado's law takes a sectoral approach,prohibitinginsurers from using anyinformation sources as well as any algorithms or predictive modelsin a way that produces unfair discrimination. Unfair discriminationincludes "the use of one or more external consumer data andinformation sources, as well as algorithms or predictive modelsusing external consumer data and information sources, that have acorrelation to race, color, national or ethnic origin, religion,sex, sexual orientation, disability, gender identity, or genderexpression, and that use results in a disproportionately negativeoutcome for such classification or classifications, which negativeoutcome exceeds the reasonable correlation to the underlyinginsurance practice, including losses and costs forunderwriting." This law comes in addition to Colorado'scomprehensive privacy law, theColorado Privacy Act, set to go into effect onJuly 1, 2023, which provides consumers with a right to opt out ofthe processing of their personal data for purposes of targetedadvertising, the sale of personal data, or automated profiling infurtherance of decisions that produce legal or similarlysignificant effects.
In late 2021, New York City notablyenacteda specific algorithmicaccountability law, becoming the first jurisdiction in the UnitedStates to require algorithms used by employers in hiring orpromotion to be audited for bias. New York City's law bars AIhiring systems that do not pass annual audits checking for race- orgender-based discrimination. The bill would require the developersof such AI tools to disclose the job qualifications andcharacteristics that will be used by the tool and would provideemployment candidates the option of choosing an alternative processfor employers to review their application. The law imposes fines onemployers or employment agencies of up to $1,500 per violation.
California's Privacy Regulations May Also TargetAI
California's California Privacy Protection Agency (CPPA), the new agency charged with rulemakingand enforcement authority over the California Privacy Rights Act(CPRA), is expected to issue regulations governing AI by 2023. Thestatute specifically addresses a consumer's right to understandand opt out of automating decision-making technologies such as AIand machine learning. In particular, the agency is charged with"[i]ssuing regulations governing access and opt-out rightswith respect to businesses' use of automated decisionmakingtechnology, including profiling and requiring businesses'response to access requests to include meaningful information aboutthe logic involved in those decisionmaking processes, as well as adescription of the likely outcome of the process with respect tothe consumer."
In September 2021, the CPPAreleasedan Invitation for PreliminaryComments on Proposed Rulemaking (Invitation) and accepted commentsthrough November 8, 2021. The Invitation to comment issued by theCPPA asked four questions regarding interpretation of theagency's automated decision-making rulemaking authority:
While the statute calls for final rules to be adopted by July2022, at a February 17 CPPA board meeting, Executive DirectorAshkan Soltani announced that draft regulations will be delayed. Aswe've previouslydiscussed, this effort in California toregulate certain automated decision-making processes may open thedoor to greater regulation of AI and should be watchedclosely.
Even as the federal governmentlooks more closelyat AI, some states andlocalities appear to be poised to jump ahead. Indeed, many otherstates continue to debate AI proposals in 2022. Companiesdeveloping and deploying AI should continue to monitor this area asthe regulatory landscape develops.
2022 Wiley Rein LLP
The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.
Read more here:
States And Localities Begin To Focus On Use Of Artificial Intelligence - New Technology - United States - Mondaq
- Artificial Intelligence: Why are traditional industries adopting it? - BBC - November 15th, 2026 [November 15th, 2026]
- The Evidence Is Piling Up: AMD Could Be the Best Artificial Intelligence (AI) Stock to Buy Amid the Sell-Off - The Motley Fool - November 15th, 2026 [November 15th, 2026]
- How Public Health Agencies Can Use Artificial Intelligence Effectively and Responsibly - The Pew Charitable Trusts - November 15th, 2026 [November 15th, 2026]
- Q&A: Leveraging artificial intelligence to propel engineering education - The Pennsylvania State University - November 15th, 2026 [November 15th, 2026]
- The Evidence Is Piling Up: AMD Could Be the Best Artificial Intelligence (AI) Stock to Buy Amid the Sell-Off - The Globe and Mail - November 15th, 2026 [November 15th, 2026]
- Artificial intelligence is scary. But history reminds us that tech makes lives better, not worse. - New York Post - November 15th, 2026 [November 15th, 2026]
- Artificial intelligence in the classroom - Tri-Cities Area Journal of Business - November 15th, 2026 [November 15th, 2026]
- The pathetic tyranny of artificial intelligence - Observer Online - November 15th, 2026 [November 15th, 2026]
- How Artificial Intelligence Is Reshaping the Legal Profession - TechSpective - November 15th, 2026 [November 15th, 2026]
- Governor-elect Byron Donalds joins ed-tech conference in Hollywood as artificial intelligence gains ground across state - WSVN - November 15th, 2026 [November 15th, 2026]
- 3 Artificial Intelligence (AI) Stocks to Buy on the Post-Election Dip and Hold for 5 Years - The Motley Fool - November 15th, 2026 [November 15th, 2026]
- Not Nvidia. Not Micron. This Artificial Intelligence (AI) Stock Will Be 2027s Biggest Winner After the Latest Tech Sell-Off - The Motley Fool - November 15th, 2026 [November 15th, 2026]
- Artificial Intelligence Threatens the Ballot Box - POLITIS - To the point - November 15th, 2026 [November 15th, 2026]
- Will Artificial Intelligence Create Wealth in Portugal or Just Consume Energy? - The Portugal News - November 15th, 2026 [November 15th, 2026]
- The 3 Best Artificial Intelligence (AI) Stocks to Buy in November - The Motley Fool - November 3rd, 2026 [November 3rd, 2026]
- Generative Artificial Intelligence in Clinical Reasoning Education: A Focused Review and Framework - Cureus - November 3rd, 2026 [November 3rd, 2026]
- The 3 Best Artificial Intelligence (AI) Stocks to Buy in November - Yahoo Finance - November 3rd, 2026 [November 3rd, 2026]
- Artificial intelligence and the ballot box - KTVU - November 3rd, 2026 [November 3rd, 2026]
- I asked Artificial Intelligence what it thought of New Jersey - New Jersey 101.5 - November 3rd, 2026 [November 3rd, 2026]
- 3 Genius Artificial Intelligence (AI) Stocks to Buy Hand Over Fist Before Year-End - The Motley Fool - November 3rd, 2026 [November 3rd, 2026]
- Will artificial intelligence make caddies a thing of the past? - Yahoo Sports - November 3rd, 2026 [November 3rd, 2026]
- Maintaining the ITU Artificial Intelligence Resolution - CircleID - November 3rd, 2026 [November 3rd, 2026]
- Artificial Intelligence, Plans for the Future Discussed at 2026 State of the Valley - Rural Radio Network - November 3rd, 2026 [November 3rd, 2026]
- The Artificial Intelligence (AI) Market in Orthopedic Surgery: Examining Demand Patterns and Competitive Landscape - The National Law Review - November 3rd, 2026 [November 3rd, 2026]
- Market Forecast Report on Artificial Intelligence (AI) in Regulatory Affairs Including Segment Analysis - The National Law Review - November 3rd, 2026 [November 3rd, 2026]
- WSCC HumanKind series to explore impact of artificial intelligence - MasonCountyPress.com - November 3rd, 2026 [November 3rd, 2026]
- Taxing artificial intelligence: Whats on the table, and whats at stake - Brookings - November 3rd, 2026 [November 3rd, 2026]
- Artificial Intelligence Technology Solutions Launches Campaign to Expand SARA AI Security Platform Adoption - Yahoo Finance - November 3rd, 2026 [November 3rd, 2026]
- No Bailouts, Just Confiscations: Nationalize The Artificial Intelligence Companies - FOREVER WARS by Spencer Ackerman - November 3rd, 2026 [November 3rd, 2026]
- The artificial intelligence industrys Trump gamble crashes into a new political reality - The Guam Daily Post - November 3rd, 2026 [November 3rd, 2026]
- Trump says he will ban term artificial intelligence - Reuters - November 3rd, 2026 [November 3rd, 2026]
- Breakingviews - COMMENTARY: Artificial intelligence reaches its Napster moment - Reuters - November 3rd, 2026 [November 3rd, 2026]
- The Artificial Intelligence (AI) Facial Skin Analyzer Market is projected to grow at a 10.8% CAGR - EIN News - November 3rd, 2026 [November 3rd, 2026]
- The Artificial Intelligence (AI) Market in Aging and Elderly Care Is Projected to Grow Rapidly at a 23.8% CAGR - EIN News - November 3rd, 2026 [November 3rd, 2026]
- Artificial Intelligence is overthrowing the purpose of schooling. Now what? - New University - November 3rd, 2026 [November 3rd, 2026]
- The Artificial Intelligence (AI) Market in Remote Patient Monitoring Is Projected to Grow at a 23.5% CAGR by 2030 - EIN News - November 3rd, 2026 [November 3rd, 2026]
- CSU Uses Artificial Intelligence to Improve Hail Forecasting - North Forty News - November 3rd, 2026 [November 3rd, 2026]
- Artificial Intelligence (AI) Heart Sound Digital Twin Analytics Market Projected to Reach $1.91 Billion by 2030 - EIN News - November 3rd, 2026 [November 3rd, 2026]
- Steven Spielberg's A.I. ARTIFICIAL INTELLIGENCE to Make 4K UHD Debut in December 2026 - Get Your Comic On - November 3rd, 2026 [November 3rd, 2026]
- Artificial intelligence and the human element - Canadian Institute of Mining, Metallurgy - November 3rd, 2026 [November 3rd, 2026]
- Documentary Review: The AI Doc offers an engaging intro to artificial intelligence, but fails to ask the toughest questions - Northwest Progressive... - November 3rd, 2026 [November 3rd, 2026]
- SATURDAY MORNING WITH CRANKY DON JOE | Larry Introduced Me to Artificial Intelligence, and Now I Have Questions - MinneapoliMedia - October 17th, 2026 [October 17th, 2026]
- USCCB Appoints Charles Camosy to Task Force on Artificial Intelligence - The Catholic University of America - October 17th, 2026 [October 17th, 2026]
- Teenagers turning to artificial intelligence for relationships and advice - NewsNation - October 17th, 2026 [October 17th, 2026]
- Q: What are the biggest threats from artificial intelligence? - KRQE - October 17th, 2026 [October 17th, 2026]
- Anything not tied to artificial intelligence took off this week - CNBC - October 17th, 2026 [October 17th, 2026]
- Regent University Launches New Three-Year Degree in Artificial Intelligence for Spring 2027 - Regent University - October 17th, 2026 [October 17th, 2026]
- Elon Musk's AI company testifies at NYC Council hearing on artificial intelligence safety and regulations - ABC7 New York - October 17th, 2026 [October 17th, 2026]
- Focus - How books are being scanned and destroyed to train artificial intelligence - France 24 - October 17th, 2026 [October 17th, 2026]
- New publication urges skeptical approach to election information produced by artificial intelligence - WRVO - October 17th, 2026 [October 17th, 2026]
- Artificial intelligence values before autonomy - Fast Company - October 17th, 2026 [October 17th, 2026]
- Anthropic warns of self-replicating artificial intelligence models as AI arms race heats up - Fox Business - October 17th, 2026 [October 17th, 2026]
- North Korea has announced their use of artificial intelligence for a "new type" precision-guide torpedo system for target detection and... - October 17th, 2026 [October 17th, 2026]
- Billionaires Are Selling These 6 Artificial Intelligence (AI) Stocks. Should You Follow? - Yahoo Finance - October 17th, 2026 [October 17th, 2026]
- WSU Athletics is using Artificial Intelligence to help tell its story. What does that mean? - Moscow-Pullman Daily News - October 17th, 2026 [October 17th, 2026]
- This Hot Artificial Intelligence IPO Stock Is Down 52%, but It Could Double From Here, According to Wall Street - Yahoo Finance - October 17th, 2026 [October 17th, 2026]
- Artificial intelligence is coming to African schools - African Business - October 17th, 2026 [October 17th, 2026]
- Not Nvidia. Not Micron. This Under-the-Radar Artificial Intelligence (AI) Chip Stock Could Be the Biggest Winner in 2027. - The Motley Fool - October 15th, 2026 [October 15th, 2026]
- What My Son Is Learning From Artificial Intelligence - Greater Good: The Science of a Meaningful Life - October 15th, 2026 [October 15th, 2026]
- Sound Practices for Responsible Adoption of Artificial Intelligence (AI): Overview of consultation responses - Financial Stability Board - October 15th, 2026 [October 15th, 2026]
- Mission adopts policy for artificial intelligence usage in city business - MyRGV.com - October 15th, 2026 [October 15th, 2026]
- Yael Grushka-Cockayne discusses artificial intelligence and future of business education - The Cavalier Daily - October 15th, 2026 [October 15th, 2026]
- The New York Times. . Artificial intelligence has gone from struggling with basic arithmetic to helping solve some of mathematics most famous open... - October 15th, 2026 [October 15th, 2026]
- FSB finalises sound practices for the responsible adoption of artificial intelligence (AI) - Financial Stability Board - October 15th, 2026 [October 15th, 2026]
- Broadcom vs. SK Hynix: Here's What Revenue Trends Tell Investors About These Artificial Intelligence Companies - The Motley Fool - October 15th, 2026 [October 15th, 2026]
- When Artificial Intelligence Becomes the Expert, Who Is Still Thinking? - The Washington Stand - October 15th, 2026 [October 15th, 2026]
- Is artificial intelligence making weather forecasts better? - fox21online.com - October 15th, 2026 [October 15th, 2026]
- High-performance hardware requirements are shifting rapidly as local artificial intelligence tools expand - BNO News - October 15th, 2026 [October 15th, 2026]
- Not Memory. Not Energy. This Is the Biggest Bottleneck in Artificial Intelligence, and These Are the Companies That Can Benefit. - The Motley Fool - October 15th, 2026 [October 15th, 2026]
- How Artificial Intelligence Can Help With Critical Thinking - Greater Good: The Science of a Meaningful Life - October 15th, 2026 [October 15th, 2026]
- What The Tech: How criminals are tricking artificial intelligence platforms - WAKA 8 - October 15th, 2026 [October 15th, 2026]
- Open to AI: Hollywood Is Embracing Artificial Intelligence Tools Despite Doomsday Fears - Variety - October 15th, 2026 [October 15th, 2026]
- Is artificial intelligence making weather forecasts better? - mydailyrecord.com - October 15th, 2026 [October 15th, 2026]
- Apple to launch artificial intelligence for iPhones in China, but agreed to restrictions imposed by authorities Bloomberg - () - October 15th, 2026 [October 15th, 2026]
- Most Americans think artificial intelligence is developing too fast, a new AP-NORC poll finds - The Commercial Dispatch - October 15th, 2026 [October 15th, 2026]
- AI research must drive practical solutions for Namibia Steenkamp Staff Reporter YOUNG researchers have been urged to use artificial intelligence (AI)... - October 15th, 2026 [October 15th, 2026]
- Houston Emergency Physician Discusses the Role of Artificial Intelligence in Emergency Medicine - EIN News - October 15th, 2026 [October 15th, 2026]
- Is artificial intelligence making weather forecasts better? - thedigitalcourier.com - October 15th, 2026 [October 15th, 2026]
- The Surprising Way Artificial Intelligence (AI) Chatbots Are Giving Walmart's Business a Boost - The Motley Fool - October 15th, 2026 [October 15th, 2026]
- Brazil Potash conducts tests with artificial intelligence in a US$2.5 billion project in Amazonas - BNamericas - October 15th, 2026 [October 15th, 2026]