Scott Kosnoff Discusses Virginia AI Bill, Future State AI Legislation With Law360

Insurance partner and co-leader of Faegre Drinker’s AI-X team Scott Kosnoff provided an overview of Virginia legislation aimed at providing comprehensive regulations for artificial intelligence with Law360.  

The article noted that the High-Risk Artificial Intelligence Developer and Deployer Act is awaiting signature from the governor and would require companies that operate "high-risk" AI systems used to make consequential decisions in employment, lending, healthcare, housing, insurance and other areas to implement safeguards against algorithmic discrimination. Kosnoff noted that he expects states to continue to pass similar legislation, especially as the federal government withdraws “from the playing field in terms of AI regulation."

"The federal government is saying it's deregulating, while some of the states are saying that they're regulating, which really sets up a tremendous challenge for developers and deployers alike by creating a situation where they'll likely be subject to different regulations depending on what states they're in, which businesses don't like to see, instead of having a uniform federal-based approach to AI," Kosnoff said.

Kosnoff further noted that other states, such as Connecticut and Colorado, have passed or attempted to pass comprehensive AI regulations, albeit in significantly different ways. These competing regulations could cause compliance issues for businesses, the article noted.

"It's not going to be something that companies can knock out over a three-day weekend," Kosnoff added. "There are plenty of teeth to the Virginia bill, and they'll have to put a lot of thought and effort into complying with the act."