AI Laws and Regulations

Established Laws and Regulations

Information technology laws and regulations, e.g., related to algorithmic decision making, security, privacy, etc., should be considered together with AI-specific laws and regulations in order to fully understand responsible AI requirements. Even in the absence of AI-specific laws or regulations, preexisting digital law may apply to AI models and applications.

• US Federal Law. In the US federal statutes, such as FDA regulations pertaining to software as a medical device (SaMD), the Equal Credit Opportunity Act (ECOA), Fair Credit Reporting Act (FCRA), Health Information, Health Insurance Portability and Accountability Act (HIPAA), Patient protection and Affordable Care Act (ACA) Section 1557 final rule, Sarbanes-Oxley Act (SOX), and other laws should be considered.

• US States Laws. US state privacy laws, such as the California Consumer Privacy Act (CCPA), Delaware Personal Data Privacy Act (HB-154), Tennessee Information Protection Act (SB0073), and Virginia Consumer Data Protection Act (VCDPA) should be considered.

• EU Law. In the European Union, the Medical Devices Regulation (MDR), General Data Protection Regulation (GDPR), ePrivacy Regulation, and Network and Information Security (NIS2) Directive should be considered.

European Union

• European Union Artificial Intelligence Act (AI Act)

US Federal

• Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (EO 14110). Note: Executive Orders generally direct the policies of the US federal government and are not statutes.

• Senate Bill 3205 Federal Artificial Intelligence Risk Management Act of 2023 (SB 3205 is currently in committee)

US State

• CA AB1008 An act to amend Section 1798.140 of the Civil Code, relating to privacy (California Consumer Privacy Act of 2018: personal information).

• CA AB1831 An act to amend Sections 311, 311.2, 311.11, and 311.12 of the Penal Code, relating to crimes (Crimes: child pornography).

• CA AB1836 An act to amend Section 3344.1 of the Civil Code, relating to intellectual property (Intellectual property: use of likeness: digital replica).

• CA AB2013 An act to add Title 15.2 (commencing with Section 3110) to Part 4 of Division 3 of the Civil Code, relating to artificial intelligence (Generative artificial intelligence: training data transparency).

• CA AB2355 An act to add Chapter 1.5 (commencing with Section 20050) to Division 20 of the Elections Code, relating to political advertisements (Political advertisements: artificial intelligence).

• CA AB2602 An act to add Section 927 to the Labor Code, relating to employment (Contracts against public policy: personal or professional services: digital replicas).

• CA AB2655 An act to amend Section 35 of the Code of Civil Procedure, and to add Chapter 7 (commencing with Section 20510) to Division 20 of the Elections Code, relating to elections (Defending Democracy from Deepfake Deception Act of 2024).

• CA AB2839 An act to amend Section 35 of the Code of Civil Procedure, and to add Section 20012 to the Elections Code, relating to elections, and declaring the urgency thereof, to take effect immediately (Elections: deceptive media in advertisements).

• CA AB2876 An act to amend Section 33548 of the Education Code, relating to pupil instruction (Pupil instruction: media literacy: artificial intelligence literacy: curriculum frameworks: instructional materials).

• CA AB2885 An act to amend Section 22675 of the Business and Professions Code, to amend Section 75002 of the Education Code, and to amend Sections 11546.45.5, 11547.5, and 53083.1 of the Government Code, relating to artificial intelligence (Artificial intelligence).

• CA AB2905 An act to amend Section 2874 of the Public Utilities Code, relating to telecommunications (Telecommunications: automatic dialing-announcing devices: artificial voices).

• CA AB3030 An act to add Section 1316.9 to the Health and Safety Code, relating to health care services (Health care services: artificial intelligence).

• CA SB896 An act to add Chapter 5.9 (commencing with Section 11549.63) to Part 1 of Division 3 of Title 2 of the Government Code, relating to artificial intelligence (Generative Artificial Intelligence Accountability Act).

• CA SB926 An act to amend Section 647 of the Penal Code, relating to crimes (Crimes: distribution of intimate images).

• CA SB942 An act to add Chapter 25 (commencing with Section 22757) to Division 8 of the Business and Professions Code, relating to consumer protection (California AI Transparency Act).

• CA SB981 An act to add Chapter 22.7 (commencing with Section 22670) to Division 8 of the Business and Professions Code, relating to social media platforms (Sexually explicit digital images).

• CA SB1120 An act to amend Section 1367.01 of the Health and Safety Code, and to amend Section 10123.135 of the Insurance Code, relating to health care coverage (Health care coverage: utilization review).

• CA SB1288 An act to add and repeal Section 33328.5 of the Education Code, relating to public schools (Public schools: artificial intelligence working group).

• CO SB 24-205 AI Act (Concerning Consumer Protections in Interactions with Artificial Intelligence Systems)

• UT SB 149 Artificial Intelligence Amendments (This bill creates the Artificial Intelligence Policy Act)

Canada

• Canadian Artificial Intelligence and Data Act (AIDA), currently slated for 2025 as part of bill C-27.

People's Republic of China (PRC) *

• Administrative Provisions on Algorithm Recommendation for Internet Information Services (Algorithm Recommendation Regulation)

• Provisions on Management of Deep Synthesis in Internet Information Service (Deep Synthesis Regulation)

• Provisional Provisions on Management of Generative Artificial Intelligence Services (Generative AI Regulation)

• Trial Measures for Ethical Review of Science and Technology Activities (Draft Ethical Review Measure)

* The People's Republic of China has a Soviet-style system of socialist law influenced by Confucian social control through moral education. Human rights groups and Western governments have heavily criticized the PRC for actions such as forcible biometrics collection, racist treatment of ethnic minorities, denial of worker’s rights, imprisonment for political reasons, torture, wrongful executions, and other human rights violations.

International Law

• Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (AI Convention) [Cf. EU artificial intelligence (AI) Pact (EU AI Pact)]