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US public policy spotlight: the AI landscape in the states

Explore the evolving AI policy landscape in US states: from study bills to comprehensive frameworks, see how regulation is shaping up.


In brief
  • States are leading the charge in AI regulation, potentially creating a complex patchwork of laws for stakeholders to navigate.
  • The four key areas of state AI policymaking include study bills, deepfake regulation, use-case laws, and comprehensive frameworks.

Artificial intelligence (AI) is driving conversation across government agencies, boardrooms, college campuses, and around the nation and beyond. Policymakers at all levels — from city hall to the US Congress — are grappling with how to regulate this fast-moving and promising technology. Recent legislative activity in state capitols offers an interesting take on some of the key stages of AI policymaking.

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1. Study bills

 

Beginning in 2023, a majority of the 150 AI-related bills introduced called for the creation of task forces and committees to study the current and potential applications of the technology and make recommendations for regulation.

 

Currently, 27 states are actively studying AI policy, but few have passed legislation regulating the industry.

 

2. Narrowly focused deepfake and election bills

 

States have focused on addressing concerns about deepfakes. In total, we tracked over 225 state bills related to deepfakes, with many aimed at the risk of political deepfakes. Other bills related to generative AI include legislation aimed at combating fraud.

 

3. Use case-level regulation

 

Another trend we are watching is a focus on regulation aimed at specific industries or use cases. Examples include the use of AI in employment decisions, algorithmic discrimination, and any AI tool that is used by a government-funded entity.

 

4. Comprehensive regulation

 

Lastly, there has been an uptick in the number of bills that seek to enact comprehensive AI frameworks. These bills would put in place model-level regulation aimed at AI developers and deployers broadly. Some have expressed concern about this approach, asserting it could lead to a complex and confusing patchwork of state laws. Others believe AI regulation is a prerogative of state governments and encourage action.

What’s next?

It is important to observe that many states are considering proposals that encompass all or some of these approaches, underscoring the intense policy focus on AI and the potential for state policy misalignment across the country.

If, when and how California advances AI legislation will be critical, and many states could follow its lead. California lawmakers have until August 31, when the legislative session adjourns, to attempt to pass an AI bill. What they can accomplish between now and then will depend on industry collaboration and support from Governor Gavin Newsom, who up to this point has not embraced regulation of what he considers a homegrown industry.

Regardless of what happens in California, we expect AI to remain front and center in policy discussions from statehouses to the halls of Congress and the White House and everywhere in between. The outcome of the 2024 elections also could drive further debate and action in this area in 2025.

Summary

US states are at the forefront of AI policymaking due to a lack of federal legislation, with initiatives ranging from AI studies to deepfake regulation and industry-specific rules. Colorado and California are notable for their comprehensive and influential AI laws. The evolving state AI policy landscape suggests a future of diverse regulations without nationwide uniformity.

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