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On May 17, 2024, Colorado Governor Jared Polis signed into law Senate Bill 24-205, the Colorado Artificial Intelligence (AI) Act, making Colorado the first U.S. state to enact comprehensive legislation regulating the use and development of AI systems. The act is designed to regulate the private-sector use of AI systems, particularly addressing the risk of algorithmic discrimination arising from the use of so-called “high-risk AI systems.” The law will take effect on February 1, 2026, and the Colorado attorney general (AG) has exclusive enforcement authority.

State attorneys general (AGs) have increased their scrutiny of the use of artificial intelligence (AI), particularly in relation to data privacy laws, consumer protection statutes, and anti-discrimination laws. Our state AG team has issued a new white paper examining this trend, including a detailed look at the recent advisory opinion issued by the Massachusetts AG’s office, which provides guidance on how existing laws apply to AI. Understanding the potential legal implications of AI use is important to any consumer-facing business, include private equity firms and other investors.

On May 8, attorneys general (AG) from 14 states and the District of Columbia sent a letter to Congressional leadership opposing provisions of the recently proposed federal American Privacy Rights Act (APRA). In addition to the District of Columbia, the signatory states include California, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Maryland, Minnesota, Nevada, New York, Oregon, Pennsylvania, and Vermont. Their objections primarily center on the APRA’s preemption clause, which would nullify 16 state comprehensive data privacy laws that have been enacted since 2018.

Massachusetts Attorney General (AG) Andrea Joy Campbell issued an advisory to provide guidance on how state consumer protection, anti-discrimination, and data security laws apply to artificial intelligence (AI). The advisory emphasizes that these existing laws apply to emerging technology, including AI systems.

On February 16, the Federal Communications Commission (FCC) made a significant move to combat consumers’ receipt of unwanted communications. The Telephone Consumer Protection Act (TCPA) already regulates automated calls and texts absent an exemption or the prior express consent of the called party. The FCC has now adopted new measures aimed at empowering consumers with the option to further prevent automated calls and texts.

This article was originally published on September 18, 2023 in Westlaw Today and is republished here with permission.

Ketan Bhirud, Drew Mann and Trey Smith of Troutman Pepper discuss the Federal Trade Commission’s role in competition enforcement, contextualize the FTC’s analysis of the generative AI industry and provide key takeaways for stakeholders to consider during a period of regulatory uncertainty.

The rapid advancement of generative artificial intelligence (AI) raises important competition concerns, prompting the Federal Trade Commission (FTC) to analyze potential risks and propose solutions. In its recent June 29 blog post, the FTC highlighted the need for proactive measures to address competition issues in the evolving generative AI industry. This article analyzes the FTC’s blog post, summarizing its key points and offering insights into the potential implications for stakeholders.

On March 9, New York Attorney General Letisha James filed a complaint against leading cryptocurrency exchange KuCoin, alleging violations of the Martin Act, which prevents security sales fraud. AG James claimed that Ethereum — the second-largest cryptocurrency by market capitalization — is a security in the first regulator-initiated court claim.

Published in Law360 on January 25, 2023. © Copyright 2023, Portfolio Media, Inc., publisher of Law360. Reprinted here with permission.

In recent months, there has been an explosion of artificial intelligence tools that have given even technophobes an opportunity to test AI’s power from the comfort of their favorite web browser.

From DALL-E’s ability to generate digital images from natural language prompts to ChatGPT’s ability to answer questions, write blog posts, essays, poetry or even song lyrics, today’s AI tools can be used by anyone who can open a web browser.

On April 28, bipartisan lawmakers in the U.S. House of Representatives introduced legislation, allowing the Commodity Futures Trading Commission (CFTC) to oversee cryptocurrency spot markets. The legislation intends to create a framework to fill the regulatory gaps between the CFTC and Securities and Exchange Commission (SEC) digital asset marketplace and related regimes.

According to bill…