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Prepared By: Rebecca Domm, Legal Researcher
Following our January report on the legislative activity concerning artificial intelligence (AI) at both state and federal levels, which covered 147 bills introduced during the month of January, we are now providing our February report.
February saw a total of 167 bills related to AI be introduced and mainly the bills introduced in January advance notably through the various stages of the legislative process. On February 29, 2024, a total of 314 bills were identified whereby 22 have passed their legislator’s body of origin, 13 passed the second body, 1 is awaiting signature by its governor and 2 bills have been signed into law. The following graphic shows the presence of bills introduced in January within these numbers.
This report will highlight several bills across the various categories of legislation addressing AI.
Legislative Trends
The legislative landscape for February reflects a multifaceted approach to address emerging challenges posed by technology across various sectors. Within the realm of federal oversight, several bills have been introduced to promote diversity in the tech industry and to conduct studies on the environmental impacts of artificial intelligence.
Efforts to safeguard privacy and civil rights are evident through initiatives aimed at reinforcing the Bill of Rights and legislation targeting biased automated systems and unauthorized use of digital replicas. Additionally, proposed measures to prohibit Automated Employment Decision Tools and digital forgeries seek to regulate AI's role in employment decisions and combat digital impersonation.
The legislative agenda also includes initiatives to mitigate election interference and protect minors from online exploitation. Consumer protection measures, such as mandating clear disclosures on AI-generated content, and the establishment of oversight bodies underscore efforts to ensure accountability and transparency in AI deployment.
Furthermore, proposals advocating for reallocating funds for AI training in schools and addressing AI-enabled medical devices emphasize the intersection of technology with education and healthcare. As AI continues to evolve, legislative efforts strive to strike a balance between fostering innovation and implementing safeguards to uphold privacy, equity, and societal well-being.
Federal Oversight:
Diversity in Tech Federal 118 H.R. 7314 (02/09/2024) The Diversify Tech Act introduces a Department of Commerce task force to promote diversity, equity, inclusion, and accessibility in the tech industry through auditing practices, offering guidance, monitoring treatment of minorities, supporting minority-owned startups, and fulfilling reporting obligations.
Expanding the role of Federal Agencies-Federal 118 S. 3792 (02/08/2024) Referred to the Committee on Science, Space, and Technology- Expands the National Institute of Standards and Technology’s role to create workforce frameworks for critical tech like AI, update cybersecurity standards, and ensure inclusivity for individuals with diverse backgrounds.
Artificial Intelligence Environmental Impacts 118 H.R. 7197 (02/04/2024) Referred to the Committee on Science, Space, and Technology- Mandates EPA study on AI's environmental impacts, establishes reporting consortium, and implements voluntary reporting. It examines energy use, pollution, and effects, providing recommendations in a report to Congress.
Legal Ethics:
Legal Professions and AI: California AB-2811 (02/15/2024) Introduced- Requires legal professionals to disclose their use of artificial intelligence or machine learning when filing court documents, aiming to enhance transparency and ensure ethical citation standards.
Social Welfare:
Universal Basic Income Program: California AB-3058 (02/16/2024)Introduced- Proposes a universal basic income program in California for those whose jobs are replaced by AI, administered by the State Department of Social Services, without specifying implementation details.
Privacy and Civil Rights:
Bill of Rights: New York S08209 (01/12/2024) The New York AI Bill of Rights, safeguards residents from biased automated systems, ensuring data control and the option to opt out, with penalties for violations enforced by the attorney general.
Personhood defined: Tennessee SB 2535 (02/05/2024) Referred to Senate- Defines "life" for legal purposes as the distinguishing characteristics of animals and plants, excluding artificial intelligence and machines.
Automated Employment Decision Tools – Prohibition: Maryland SB0957 (02/09/2024) Senate Hearing- Prohibits employers from using automated hiring tools without passing a low-risk impact assessment, enforced with civil penalties.
Intellectual Property:
Digital Likeness Protection: Illinois SB 3248(02/06/2024) Senate Referred to Assignments- No AI FRAUD Act grants individuals property rights in their likeness and voice and allows them to sue for unauthorized distribution or publication of digital replicas, seeking damages and punitive damages.
Forgeries:
Digital Forgeries Act: Maryland HB4763 (02/14/2024) House Assigned to Judiciary Civil Committee- Allows individuals depicted in digital forgeries to sue for unauthorized distribution or creation, except for clearly labeled parodies or satire. Prevailing plaintiffs can receive damages and injunctive relief.
Elections:
Elections Crimes and Offenses: Alabama HB172 (02/15/2024) Pending Committee Action in House of Origin- Criminalizes distributing deceptive media to influence elections, defining it as false content that misleads viewers.
Minors:
Crimes and Offenses: Alabama SB 109 (02/28/2024) Read Second Time In House of Orgin- Outlaws child sexual abuse material dissemination, possession, or production, with strict penalties including felony charges and forfeiture of related items. It mandates punitive damages for victims and requires education policies.
Explicit Material:
Disclosing Explicit Synthetic Media: H0575 (02/28/2024) Referred to State Affairs- Criminalizes sharing explicit synthetic media, punishable by imprisonment up to ten years or a fine up to twenty-five thousand dollars, with exceptions for lawful investigations and court-ordered protections.
Consumer Protection:
Consumer Fraud: Illinois HB 5321 (02/09/2024) Referred to Rules Committee- Amends Illinois law to require clear disclosures on AI-generated content, including metadata like creation tools and dates, aiming to prevent unauthorized use without disclosures.
New Agencies and Committees:
State Affairs: Idaho H0568a (02/28/2024) Filed for second reading- Creates the Idaho Artificial Intelligence Advisory Council, which oversees state agencies' use of AI, advises on AI matters, and mandates agency reporting on automated decision systems.
State Government Transparency and Funding:
Artificial Intelligence Report: HB 4705 (02/06/2024)Referred to Rules Committee-Requires state agencies to report their use of covered algorithms annually to the General Assembly, Auditor General, and Department of Innovation and Technology, with a designated Chief Artificial Intelligence Officer overseeing the process and ensuring public accessibility of the reports.
Education:
AI funds for Education: Connecticut SB 5 (02/21/2024) Vote to Draft-Proposes reallocating funds for school HVAC upgrades and increasing funding for AI training in schools to enhance the public school system.
Healthcare:
Public Health: California AB-2058 (02/01/2024) Introduced- Addresses commercial algorithms and AI-enabled medical devices through future legislation. It involves conducting an inventory of high-risk automated decision systems for state agencies
Business:
AI Disclosure: New York A9149 (02/08/2024) Introduced - Mandates insurers in New York to disclose and certify AI algorithms used in utilization review to minimize bias and adhere to clinical guidelines, with penalties for non-compliance.
False Personation:
Identity Theft by AI: New Jersey A3912 (02/27/2024) Introduced- Extends identity theft laws in New Jersey to cover false portrayal using AI or deepfake technology, allowing victims to seek damages in civil actions for both economic and non-economic losses.