Massachusetts Attorney General Issues Advisory On Artificial Intelligence

On April 16, 2024, the Massachusetts Attorney General (AG) published an Attorney General Advisory on the Application of the Commonwealth's Consumer Protection, Civil Rights, and Data Privacy Laws to Artificial Intelligence. The Advisory warns businesses "that existing state laws and regulations apply" to artificial intelligence (AI) and algorithmic decision-making systems in the same way as they apply to other laws.

Background

The Advisory starts with the context for its guidance, acknowledging AI's "opportunities," but emphasizing its risks. The Advisory lists a series of consumer harms from AI, including that (1) "consumers are harmed when AI does not function as intended or does not meet minimum quality and efficiency standards," (2) AI developers "continue to market and sell AI systems knowing these shortfalls and that they may cause harm to consumers," and (3) "AI systems are being deployed in ways that can deceive consumers and the public."