The European Union is gearing up to regulate AI, but what is the U.S. doing?
There are new Federal algorithmic transparency bills being filed: The Algorithmic Accountability Act of 2022, introduced by Senator Ron Wyden (D-OR), Senator Booker (D-NJ), and Representative Clarke (D-NY), would require an impact assessment for automated processing and require the Federal Trade Commission to provide structured guidelines. There are AI specific laws dealing with Artificial Intelligence: If you use AI to make hiring decisions in NYC, you must provide the applicants with notice that an automated employment decision tool will be used in connection with their assessment or evaluation, the job qualifications and characteristics that such an automated employment decision tool will use in the assessment of such candidate or employee, and information about the type of data they will collect. You will also need to conduct a bias audit. There is a similar law in Illinois. New U.S. privacy laws care about Artificial Intelligence: CPRA contemplates regulations to provide an opt out and meaningful information about the logic involved in those decision-making processes, as well as a description of the likely outcome of the process with respect to the consumer for profiling (automated processing of personal information to analyze or predict aspects concerning that natural person’s performance at work, economic situation, health, personal preference, etc.) CPA and CDPA require an opt out and a DPIA for any profiling that is in furtherance of decisions that “produce legal or significantly similar effects” (Hi