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A Deep Dive into Colorado's Artificial Intelligence Act
webRelevant for tracking US state-level AI regulation; Colorado's AI Act is a landmark piece of legislation that may set precedent for how AI systems are governed at the state level in the absence of federal AI law.
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Importance: 55/100news articleanalysis
Summary
This article from the National Association of Attorneys General examines Colorado's Artificial Intelligence Act, analyzing its key provisions including the affirmative defense mechanism available to developers and deployers of high-risk AI systems. It explores how the law addresses algorithmic discrimination and what compliance obligations it imposes on AI developers operating in Colorado.
Key Points
- •Colorado's AI Act targets 'high-risk' AI systems that make consequential decisions in areas like employment, housing, education, and financial services.
- •The law establishes an affirmative defense for developers and deployers who follow prescribed risk management practices and disclosure requirements.
- •Developers must use reasonable care to protect consumers from known or reasonably foreseeable risks of algorithmic discrimination.
- •Deployers are required to conduct impact assessments and implement risk management policies for high-risk AI systems.
- •The Act represents one of the first comprehensive state-level AI governance laws in the US, influencing other state legislative efforts.
Cited by 1 page
| Page | Type | Quality |
|---|---|---|
| Colorado Artificial Intelligence Act | Policy | 53.0 |
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# A Deep Dive into Colorado’s Artificial Intelligence Act
October 26, 2024[Consumer Protection](https://www.naag.org/category/consumer-protection/)
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On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill 24-205, known colloquially as the Colorado Artificial Intelligence Act (hereinafter the CAIA).[1](https://www.naag.org/attorney-general-journal/a-deep-dive-into-colorados-artificial-intelligence-act/#footnote_1_40255 "Act of May 17, 2024, ch. 198, 2024 Colo. Sess. Laws 1199 (codified at Colo. Rev. Stat. § 6-1-1701 et seq. (2024"). The legislation is formally titled in the document as “An Act Concerning Consumer Protections for Interactions with Artificial Intelligence,” but many practitioners have been referring to the law as the “Colorado AI Act” or the “Colorado Artificial Intelligence Act.” )) This legislation, set to take effect on February 1, 2026, makes Colorado the second U.S. state to enact a major artificial intelligence consumer protection law, reflecting another significant step towards state-level regulation of AI. Colorado’s law follows one enacted in Utah in March,[2](https://www.naag.org/attorney-general-journal/a-deep-dive-into-colorados-artificial-intelligence-act/#footnote_2_40255 "Act of Mar. 13, 2024, ch. 186, 2024 Utah Laws (codified in sections of titles 13, 63I, and 76 of Utah Code Ann. (LexisNexis 2024")). The CAIA also follows draft regulations under the California Privacy Protection Act (CPPA) see _infra_ at n. 39. )) as well as a New York City law passed in 2021 affecting automated employment decisions.[3](https://www.naag.org/attorney-general-journal/a-deep-dive-into-colorados-artificial-intelligence-act/#footnote_3_40255 "Local Law No. 144 of 2021, 2020 N.Y. City Council Int. No. 1894-A (codified at N.Y. City Admin. Code § 20-870 et seq. (2024"). )) However, the CAIA imposes farther-reaching requirements, including a new general duty of care for developers and deployers of AI to protect individuals from algorithmic discrimination—which Colorado defines as any differential “treatment or impact” resulting from the use of an artificial intelligence system—on the basis of protected characteristics.[4](https://www.naag.org/attorney-general-journal/a-deep-dive-into-colorados-artificial-intelligence-act/#footnote_4_40255 "Colo. Rev. Stat. § 6-1-1701(1)(a).") The CAIA has been compared to the European Union’s recent AI Act, although it is less stringent and more narrowly drawn in several key ways.[5](https://www.naag.org/attorney-general-journal/a-deep-dive-into-colorados-artificial-intelligence-act/#footnote_5_40255 "See, e.g., Adam Aft et al., North America: From Brussels to Boulder – Colorado enacts comprehensive AI law on the heels of European Union’s AI Act with significant obligations for busines
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