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ARTICLE · 07 AUGUST 2024

Colorado's AI Anti-Discrimination Law

A&O Shearman
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Alex Touma and Jack Weinert examine the history and key requirements of, and the controversy surrounding, Colorado's controversial AI anti-discrimination law.

United StatesTechnology

Alex Touma and Jack Weinert examine the history and key requirements of, and the controversy surrounding, Colorado's controversial AI anti-discrimination law.

Background

On May 17, 2024, the Governor of Colorado, Jared Polis, signed Senate Bill 24-205, "Concerning Consumer Productions in Interactions with Artificial Intelligence Systems" ("AI Law"). The AI Law takes effect on and from February 1, 2026. It will create a mandatory regulatory framework for developers and deployers of "high-risk AI systems" that is designed to mitigate consumer harm and "algorithmic discrimination."

The AI Law defines a "high-risk AI system" to be any AI system that, when deployed, makes, or is a substantial factor in making, a decision that has a material legal or similarly significant effect on the provision or denial to any consumer of, or the cost or terms of education, employment, financial or lending services, essential government services, healthcare services, housing,

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