On May 1, the Connecticut legislature passed an artificial intelligence (“AI”) safety, transparency, and consumer protection bill (“SB 5”). While the Colorado legislature takes steps to streamline existing requirements for developers and deployers of AI systems, Connecticut has passed a multi-part framework that will impose requirements on large frontier developers, operators of AI companions, developers of general purpose models capable of generating synthetic digital content, and developers and deployers of automated employment-related decision technologies. Governor Ned Lamont (D) is expected to sign the bill into law.

Key provisions in the law include the following:

  • Employee Reporting Protections: Frontier developers, defined as any person doing business in Connecticut who intends to train, initiates the training of, or trains a foundation model using, or intending to use, a quantity of computing power greater than 10^26 power integer or floating point operations, will be required to implement reporting procedures and protections for employees. For example, frontier developers will be prohibited from retaliating against employees who report certain public health or safety risks. Further, large frontier developers (frontier developers with more than $500M in revenue) must implement internal reporting processes for employees to report certain public health or safety risks and must provide periodic updates to reporting employees. The Attorney General can enforce this section and seek civil penalties of up to $1,000 per violation.
  • AI Companions. SB 5 will prohibit operators (entities who provide an AI companion to or operate an AI companion for a user) from providing AI companions (i.e., AI with a natural language interface that provides adaptive, human-like responses to user inputs and is able to sustain a relationship across multiple interactions) unless certain conditions are met. For example, operators must implement a protocol that uses evidence-based methods to detect indicators of risk of suicide, self-harm or imminent physical violence and implement reasonable measures to prevent the AI companion from generating outputs that encourage these activities. Additionally, operators must implement reasonable measures to prohibit and prevent an AI companion from claiming to be a human or generating any outputs that refute or conflict with any disclosure that the AI companion is not a human being. Violations of this section will be enforceable by the Attorney General under the state’s unfair and deceptive practices statute.
  • AI Companions Provided to Minors. Operators will be prohibited from providing AI companions to any user that the operator knows, or has reason to believe, is under 18 years of age unless certain protective measures have been put into place that meet or exceed industry standards. For example, such measures must take steps to prevent the AI companion from (a) encouraging the user to harm others, (b) discouraging the user from seeking mental health services from a licensed mental health professional, or (c) discouraging the user from seeking assistance from an appropriate adult. A violation of this section will be enforceable by the Attorney General under the state’s unfair and deceptive practices statute.  
  • Automated Employment-related Decision Technology. The law will create requirements for developers and deployers of automated employment-related decision technology, defined as technology that processes personal data and uses computation to generate any output to make or materially influence an employment-related decision. Among other things, deployers will be required to provide employees and applicants a written notice with information about the use of the technology, and developers will be required to provide all information deployers need to comply with their obligations under the law. This provision of the law will be enforceable by the Attorney General under the state’s unfair and deceptive practices statute.

We will continue to update you on meaningful developments in these quarterly updates and across our blogs. 

Photo of Jennifer Johnson Jennifer Johnson

Jennifer Johnson is co-chair of the firm’s Communications & Media Practice Group.  She represents and advises broadcast licensees, trade associations, and other media entities on a wide range of issues, including:  regulatory and policy advocacy; network affiliation and other programming agreements; media joint…

Jennifer Johnson is co-chair of the firm’s Communications & Media Practice Group.  She represents and advises broadcast licensees, trade associations, and other media entities on a wide range of issues, including:  regulatory and policy advocacy; network affiliation and other programming agreements; media joint ventures, mergers and acquisitions; carriage negotiations with cable, satellite and telco companies; media ownership and attribution; and other strategic, regulatory and transactional matters.

Ms. Johnson assists clients in developing and pursuing strategic business and policy objectives before the Federal Communications Commission and Congress and through transactions and other business arrangements.  Her broadcast clients draw particular benefit from her deep experience and knowledge with respect to network/affiliate issues, retransmission consent arrangements, and other policy and business issues facing the industry.  Ms. Johnson also assists investment clients in structuring, evaluating and pursuing potential media investments.  She has been recognized by Best Lawyers, Chambers USA, Legal 500 USA,Washington DC Super Lawyers, and the Washingtonian as a leading lawyer in her field.

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Matthew Shapanka

Matthew Shapanka draws on more than 15 years of experience – including on Capitol Hill, at Covington, and in state government – to advise and counsel clients across a range of industries on significant legislative, regulatory, and enforcement matters. He develops and executes…

Matthew Shapanka draws on more than 15 years of experience – including on Capitol Hill, at Covington, and in state government – to advise and counsel clients across a range of industries on significant legislative, regulatory, and enforcement matters. He develops and executes complex, multifaceted public policy initiatives for clients seeking actions by Congress, state legislatures, and federal and state government agencies, many with significant legal and political opportunities and risks.

Matt rejoined Covington after serving as Chief Counsel for the U.S. Senate Committee on Rules and Administration, where he advised Chairwoman Amy Klobuchar (D-MN) on all legal, policy, and oversight matters within the Committee’s jurisdiction, including federal election law and campaign finance, and oversight of the Federal Election Commission, legislative branch agencies, security and maintenance of the U.S. Capitol Complex, and Senate rules and regulations.

Most significantly, Matt led the Rules Committee staff work on the Electoral Count Reform and Presidential Transition Improvement Act – landmark bipartisan legislation to update the antiquated process of certifying and counting electoral votes in presidential elections that President Biden signed into law in 2022.

As Chief Counsel, Matt was a lead attorney on the joint bipartisan investigation (with the Homeland Security and Governmental Affairs Committee) into the security planning and response to the January 6, 2021 attack on the Capitol. In that role, he oversaw the collection review of documents, led interviews and depositions of key government officials, advised the Chairwoman and Committee members on two high-profile joint hearings, and drafted substantial portions of the Committees’ staff report on the attack. He also led oversight of the Capitol Police, Architect of the Capitol, Senate Sergeant at Arms, and executive branch agencies involved in implementing the Committees’ recommendations, including additional legislation and hearings.

Both in Congress and at the firm, Matt has prepared many corporate and nonprofit executives, academics, government officials, and presidential nominees for testimony at legislative, oversight, or nomination hearings before congressional committees, as well as witnesses appearing at congressional depositions and transcribed interviews. He is also an experienced legislative drafter who has composed dozens of bills introduced in Congress and state legislatures, including several that have been enacted into law across multiple policy areas.

In addition to his policy work, Matt advises and represents clients on the full range of political law compliance and enforcement matters involving federal election, campaign finance, lobbying, and government ethics laws, the Securities and Exchange Commission’s “Pay-to-Play” rule, as well as the election and political laws of states and municipalities across the country.

Before law school, Matt worked as a research analyst in the Massachusetts Recovery & Reinvestment Office, where he worked on all aspects of state-level policy, communications, and compliance for federal stimulus funding awarded to Massachusetts under the American Recovery & Reinvestment Act of 2009. He has also worked for federal, state, and local political candidates in Massachusetts and New Hampshire.

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Photo of Jayne Ponder Jayne Ponder

Jayne Ponder is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group. Jayne’s practice focuses on a broad range of privacy, data security, and technology issues. She provides ongoing privacy and data protection…

Jayne Ponder is an associate in the firm’s Washington, DC office and a member of the Data Privacy and Cybersecurity Practice Group. Jayne’s practice focuses on a broad range of privacy, data security, and technology issues. She provides ongoing privacy and data protection counsel to companies, including on topics related to privacy policies and data practices, the California Consumer Privacy Act, and cyber and data security incident response and preparedness.

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Photo of Vanessa Lauber Vanessa Lauber

Vanessa Lauber is an associate in the firm’s New York office and a member of the Data Privacy and Cybersecurity Practice Group, counseling clients on data privacy and emerging technologies, including artificial intelligence.

Vanessa’s practice includes partnering with clients on compliance with federal…

Vanessa Lauber is an associate in the firm’s New York office and a member of the Data Privacy and Cybersecurity Practice Group, counseling clients on data privacy and emerging technologies, including artificial intelligence.

Vanessa’s practice includes partnering with clients on compliance with federal and state privacy laws and FTC and consumer protection laws and guidance. Additionally, Vanessa routinely counsels clients on drafting and developing privacy notices and policies. Vanessa also advises clients on trends in artificial intelligence regulations and helps design governance programs for the development and deployment of artificial intelligence technologies across a number of industries.

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Photo of Andrew Siegel Andrew Siegel

Andrew Siegel advises clients on advertising, data security, and privacy matters. Andrew represents clients in investigations by the Federal Trade Commission and State Attorneys General, advising clients on a variety of privacy and consumer protection matters, including marketing and claim substantiation issues. In…

Andrew Siegel advises clients on advertising, data security, and privacy matters. Andrew represents clients in investigations by the Federal Trade Commission and State Attorneys General, advising clients on a variety of privacy and consumer protection matters, including marketing and claim substantiation issues. In addition, Andrew advises clients in investigating and responding to data security incidents and cyber-based attacks, including data breaches involving personal and other regulated data, advanced persistent threats, and state-sponsored attacks.

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