37 U.S. — Federal While there currently is no comprehensive federal law regulating the use of AI, various federal agencies have issued pronouncements, frameworks, and guidelines on the subject of AI. • In October 2022, the White House Office of Science and Technology Policy (OSTP) issued an AI Bill of Rights, which essentially is a set of guidelines for the responsible design and use of AI and the result of collaboration between the OSTP, academics, human rights groups, nonprofits, and large technology companies.2 • In October 2023, building off the AI Bill of Rights, the White House issued an Executive Order entitled “Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” which directs federal agencies to develop standards and regulations that will allow for the responsible use and expansion of AI while mitigating its risks.3 • In May 2023, the Equal Employment Opportunity Commission issued guidance concerning employers’ use of AI tools, making clear that employers may be held responsible for using AI in a manner that has an adverse or disparate impact on people in a protected class.4 Several other agencies, including the Department of Commerce, National Institute of Standards and Technology, Department of Defense, Department of Homeland Security, Department of Energy, Department of Labor and others have issued guidelines or draft rules on AI. U.S. States — Comprehensive AI Laws As occurred with data privacy regulations, individual U.S. states have begun enacting AI legislation to fill the void caused by the lack of a federal framework. 2 Blueprint for an AI Bill of Rights, White House Off. of Sci. & Tech, Pol’y (last visited Nov. 7, 2024), https://www.whitehouse.gov/ostp/ai-bill-of-rights/ 3 Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, 88 Fed. Reg. 75, 191, EO 14110 (Nov. 1, 2023), https://www.federalregister.gov/documents/2023/11/01/2023-24283/ safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence 4 Title VII and AI: Assessing Adverse Impact, U.S. EEOC, Title VII, 29 C.F.R. Part 1607 (May 18, 2023), https://www.eeoc.gov/laws/guidance/select-issues-assessing-adverse-impactsoftware-algorithms-and-artificial
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