Just as the European Union is reassessing the EU AI Act, Colorado is considering a bill to narrow the scope of the Colorado AI Act before it even takes effect.
Here are some points regarding SB 318 in Colorado:
- Much narrower definition of “algorithmic discrimination,” which is now limited to what is prohibited by law.
You are not a developer if you offer the AI system with open model weights (subject to conditions). - More limited definition of “high risk AI system” to exclude things that perform narrow procedural tasks, improve a previously completed human activity; filters robocalls or SPAM, spreadsheet, cyber protection measures, anti fraud systems, etc.
- Removal of the general obligation to “use reasonable care to protect consumers from any known or reasonably foreseeable risks of algorithmic discrimination.
- Removal of some of the requirements for impact assessments, including minimum retention terms.
- Requirement to provide plain language disclosures regarding the AI system.
- Broaden exemption for a deployer from specified disclosure requirements based on the deployer’s number of full-time equivalent employees.
- Exemption from specified requirements if the deployer uses the high-risk artificial intelligence system solely relating to the recruitment, sourcing, or hiring of external candidates for employment, meets specified disclosure requirements, and does not employ more than specified limits on the number of full-time equivalent employees.