Trying to get a handle on the growing, if often mystifying, world of Artificial Intelligence, roughly a quarter of the nation’s state legislatures this spring have moved on bills regulating private sector AI use. According to the International Association of Privacy Professionals, a common theme has lawmakers particularly targeting algorithmic discrimination, a concept that the Brookings Institute has defined as “running the risk of replicating and even amplifying human biases, particularly those affecting protected groups.” The need for new laws, noted the Los Angeles Times earlier this year, is particularly pressing because AI is giving every appearance of getting bigger by the day. “As the technology rapidly advances,” observed the paper, “the ability of machines to perform tasks associated with human intelligence has raised questions about whether AI will replace jobs, fuel the spring of misinformation, or even lead to humanity’s extinction.” Legislation in California is calling for all AI developers to both assess and report on the impacts of their automatic decision-making programs. Lawmakers in Connecticut, meanwhile, have reviewed a proposal that would set up reporting requirements for developers who use AI information as a “controlling factor” in the making of any decision regarded as consequential. Legislation in Hawaii calls for the outright banning of algorithmic discrimination, with the Illinois State Legislature proposing to require AI developers to annually assess the impact of decision-making tools they use. According to an essay published by the International Association of Privacy Professionals, most of the legislative proposals “place the burden on AI developers and businesses using AI, often referred to as deployers, to proactively ensure that the technologies are not creating discriminatory outcomes in the consumer and employment context.” A bill in the Oklahoma legislature this spring would mandate that all AI developers must assess the impact of their decision-making tools. A Vermont proposal, at the same time, is simply requiring developers to use reasonable care to “avoid algorithmic discrimination.” Legislatures in North Dakota, Texas, and West Virginia have all created advisory bodies to monitor the AI systems their own statements governments may be implementing. By Garry Boulard Image Credit: Courtesy of Pixabay
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