BlogLine

Is A.I. here to stay in California?

2/15/24

By: Matthew S. Jones

Just this past week, California lawmakers introduced a bill (SB 1047) that will require companies to thoroughly test artificial intelligence (“A.I.”) before releasing it into commerce for use. The bill seems to come during a time where A.I. is expanding rapidly, not just in its use but also its capabilities. Specifically, the bill requires companies to test their A.I. for unsafe behavior, install hacking protections, protect A.I.-related whistleblowers, and to allow the ability to shut down the A.I. completely, if necessary. This would also force A.I. companies to disclose their testing procedures and protocols to the California Department of Technology.

The growing concern with A.I. and its regulation (or lack thereof) is that it may follow in the footsteps of other technological advancements, such as privacy and social media. In light of that, people are calling for tighter regulations and safeguards now instead of when it’s “too late”. Although some lawmakers are somewhat skeptical that such a bill can pass, it seems that if any state can do it, it’s California given its connection to the tech industry and recent passing of the California Consumer Privacy Act in 2018. The counter-arguments are coming from big tech in Silicon Valley, saying that such measures will unnecessarily halt or slow down progress in the A.I. sector. Whether that is true or not, time will tell.

Currently, there are approximately 407 A.I.-related bills spanning across 44 states. This is an increase of over 200 bills from approximately 5 months ago, further demonstrating the increased concern across the country of what this technology can do now or in the future.

For more information, please contact Matthew S. Jones at mjones@fmglaw.com or your local FMG attorney.