Colorado’s AI Task Force Proposes Updates to State’s AI Law
The Colorado Artificial Intelligence Impact Task Force has recently issued a report proposing updates to the state’s AI legislation. This initiative stems from Colorado’s Concerning Consumer Protections in Interactions with Artificial Intelligence Systems Act, which aims to impose obligations on developers and deployers of artificial intelligence (AI).
Task Force Objectives
The primary mission of the Task Force is to review issues related to AI and automated detection systems (ADS) that affect consumers and employees. Through a series of meetings, the Task Force compiled a report summarizing their findings and recommendations.
Key Recommendations
The report outlines several areas where the existing law can be clarified, refined, and improved. The key recommendations include:
- Revise Definitions: Update the Act’s definitions of what constitutes “consequential decisions”, “algorithmic discrimination”, “substantial factor”, and “intentional and substantial modification”.
- Revamp Exemptions: Modify the list of exemptions that qualify as a “covered decision system”.
- Scope of Information: Change the requirements for the information and documentation that developers must provide to deployers.
- Triggering Events: Update the timing and events that trigger impact assessments, alongside changes to risk management program requirements for deployers.
- Duty of Care Standard: Consider whether to adjust the duty of care standard for developers and deployers, potentially making it more or less stringent.
- Small Business Exemption: Evaluate the current exemption for businesses with fewer than 50 employees to determine if it should be minimized or expanded.
- Cure Period for Non-Compliance: Discuss the possibility of providing businesses with a cure period for certain types of non-compliance before enforcement actions are taken by the Attorney General.
- Trade Secret Exemptions: Revise provisions regarding trade secrets and a consumer’s right to appeal.
Implementation Timeline
The requirements set forth by the Act for AI developers and deployers are scheduled to take effect on February 1, 2026. However, the Task Force recommends reconsidering the timing of the law’s implementation, suggesting that adjustments may be necessary to ensure its efficacy.
This initiative represents a significant step towards addressing the challenges and complexities associated with artificial intelligence in consumer interactions. As the landscape of AI continues to evolve, ongoing assessment and refinement of legal frameworks will be crucial in protecting consumer rights while fostering innovation.
Overall, the report from the Colorado AI Task Force highlights the proactive measures being taken to ensure responsible AI development and deployment, marking a critical juncture in the intersection of technology and law.
