May 31, 2023
As the flurry of headlines focused on artificial intelligence makes clear, AI is hot across industries, sectors and areas of the law.
Indeed, one recent legislative proposal in California — Assembly Joint Resolution 6 — has even called for a temporary moratorium on the training of AI systems more powerful than GPT-4 to allow time for AI governance systems to catch up. Yet, the use of AI in employment continues to grow, garnering the attention of the White House and state legislatures alike.
At this point, many employers are likely aware of the rapidly approaching July 5 enforcement date for New York City’s AI law, Local Law 144. However, many employers operate in multiple jurisdictions and are likely wondering what other legislative proposals are in the pipeline and how they compare to New York City’s law.
These proposals are rapidly evolving and, at times, fall subject to the overarching regulatory plans of their state. For example, California’s A.B. 331 — which would have required impact assessments for automated decision tools used in employment — was killed by California’s Assembly Appropriations Committee on May 18.
A few days before, members of the California Privacy Protection Agency Board raised concerns about this bill because CPPA had already been tasked with regulating automated decision making and, as CPPA Board Member Alastair Mactaggart put it, is “the only realistic AI regulator in North America.”
In this article, we offer an...
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