AI Statutory Update

Background

As we move toward the end of 2024, it seems the time is right for an update of AI statutory developments so far this year. While the EU has once again set the standard with the EU AI Act, the 30,000-foot view in the U.S. is that while there is a lot of talk there is not a lot of action. As the case has been with the failure of Congress to pass meaningful, comprehensive data privacy legislation, it has failed to pass any meaningful AI legislation.

New AI legislation has come from the states and seems to be focused on a consumer approach, rather than addressing the use of AI regardless of industry. State AI laws seem more concerned solely with the potential for AI to be used in a discriminatory manner without addressing other risks of AI and protecting the privacy of people overall. My concern is that the legislation of AI will go the way of data privacy, which is that AI legislation will be passed only by individual states, resulting in businesses