Yes, AI laws in the United States currently differ significantly by state.
While there is no comprehensive federal AI law like the EU AI Act, states are taking various approaches to regulate AI within their jurisdictions.
Here’s a breakdown of the differences you might encounter:
Varying approaches to regulation: Some states, like Colorado, are adopting a more comprehensive, risk-based approach to AI regulation, focusing on high-risk AI systems that could have a significant impact on individuals, according to Women in AI. Other states, such as Utah, are taking a lighter approach, prioritizing transparency and focusing on generative AI interactions with the public. Texas, for example, passed a law that focuses on both requiring government disclosure of AI use and banning certain harmful applications like promoting self-harm or unlawful discrimination.
Specific areas of focus:
Different states are choosing to focus on regulating AI in specific sectors or for particular applications. You might find laws addressing AI in:
Employment:
New York was the first state to require bias audits of AI tools used in employment decisions, a trend other states are now following.
Healthcare:
Laws in states like California and Oregon are regulating AI use in healthcare contexts, particularly regarding utilization review and patient communications.
Consumer Protection:
Many states prioritize consumer protection, requiring disclosures when interacting with generative AI and offering consumers the right to opt-out of certain profiling practices.
Political Advertising:
California and Florida, among other states, have enacted laws to address the use of deepfakes and AI-generated content in political campaigns.
Lack of uniformity:
The absence of a federal framework for AI regulation creates a patchwork of laws across states. This can pose compliance challenges for companies operating in multiple states, as they need to navigate different requirements for disclosures, risk assessments, and permissible uses of AI.
In short, if you are working with or developing AI systems in the US, it’s crucial to be aware of the specific regulations in the states where you operate, as the legal landscape is dynamic and varies from state to state.