NCSL - National Conference of State Legislatures

08/01/2024 | Press release | Distributed by Public on 08/01/2024 11:16

State Artificial Intelligence (AI) and Related Terms Definition Examples

Related Topic:Technology

Artificial intelligence-the use of computer systems to perform tasks that normally require human intelligence, such as learning and decision-making-has the potential to transform our economy and how citizens live and work. While its roots trace back to the work of Alan Turing and the phrase "artificial intelligence" was originally coined at a computer science conference at Dartmouth College in 1956, there's still no consensus on a uniform definition of AI.

Concerns about potential misuse or unintended consequences of AI, however, have prompted state lawmakers to move ahead to address potential harms from these technologies, while still promoting innovation. The lack of an overarching definition can be challenging to policymakers as they seek to create a regulatory framework. The fact that AI is still a developing field can make it difficult to reach consensus on how to define exactly what AI is and is not.

The table below captures examples of how states and the federal government have defined key AI terms through legislation.

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Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming District of Columbia American Samoa Guam Northern Mariana Islands Puerto Rico U.S. Virgin Islands

State:

AI Definitions from Statutes and Adopted/Enacted Legislation:

California

Cal. Government Code §11546.45.5

(a) For purposes of this section:

(1) "Automated decision system" means a computational process derived from machine learning, statistical modeling, data analytics, or artificial intelligence that issues simplified output, including a score, classification, or recommendation, that is used to assist or replace human discretionary decision-making and materially impacts natural persons. "Automated decision system" does not include a spam email filter, firewall, antivirus software, identity and access management tools, calculator, database, dataset, or other compilation of data.

(4) "High-risk automated decision system" means an automated decision system that is used to assist or replace human discretionary decisions that have a legal or similarly significant effect, including decisions that materially impact access to, or approval for, housing or accommodations, education, employment, credit, health care, and criminal justice.

Colorado

Colo. Rev. Stat. §1-46-102

(1) (a) "AI-generated content" means image, video, audio, multimedia, or text content that is substantially created or modified by generative artificial intelligence such that the use of generative artificial intelligence alters the meaning or significance that a reasonable person would take away from the content.

(b) "AI-generated content" does not include image, video, audio, multimedia, or text content that is minimally edited, adjusted, or enhanced by generative artificial intelligence such that the use of generative artificial intelligence does not materially alter the meaning or significance that a reasonable person would take away from the content.

(3) "Deepfake" means an image, video, audio, or multimedia ai-generated content that falsely appears to be authentic or truthful and which features a depiction of an individual appearing to say or do something the individual did not say or do.

(4) "Generative artificial intelligence" or "generative AI" means an artificial intelligence system capable of generating novel image, video, audio, multimedia, or text content based on prompts or other forms of data provided by a person.

(5) "Metadata" means structural or descriptive information about data such as content, format, source, rights, accuracy, provenance, periodicity, granularity, publisher or responsible party, contact information, method of collection, and other descriptions.

Colo. Rev. Stat. §2-3-1701 and 2024 Chapter 467

(1) "Artificial intelligence" or "artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers, from the inputs the system receives, how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.

Colo. Rev. Stat. §2-3-1707

(1) Definitions. As used in this section, unless context otherwise requires:

(a) "Algorithmic discrimination" means any condition in which the use of an automated decision system or artificial intelligence system results in an unlawful differential treatment or impact that disfavors an individual or a group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, veteran status, or other classification protected under the laws of this state or under federal law.

(b) "Automated decision system" means any system that is used to make or assist in decisions that impact the lives of consumers and that is based in whole or in significant part on artificial intelligence, machine learning, computerized algorithms, automated statistical or probabilistic modeling, or similar techniques.

Colo. Rev. Stat. §6-1-1701

As used in this part 17, unless the context otherwise requires:

(1) (a) "Algorithmic discrimination" means any condition in which the use of an artificial intelligence system results in an unlawful differential treatment or impact that disfavors an individual or group of individuals on the basis of their actual or perceived age, color, disability, ethnicity, genetic information, limited proficiency in the English language, national origin, race, religion, reproductive health, sex, veteran status, or other classification protected under the laws of this state or federal law.

(b) "algorithmic discrimination" does not include:

(I) the offer, license, or use of a high-risk artificial intelligence system by a developer or deployer for the sole purpose of:

(A) the developer's or deployer's self-testing to identify, mitigate, or prevent discrimination or otherwise ensure compliance with state and federal law; or

(B) expanding an applicant, customer, or participant pool to increase diversity or redress historical discrimination; or

(II) an act or omission by or on behalf of a private club or other establishment that is not in fact open to the public, as set forth in Title II of the federal "Civil Rights Act of 1964", 42 U.S.C. sec. 2000a (e), as amended.

(2) "Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.

(3) "Consequential decision" means a decision that has a material legal or similarly significant effect on the provision or denial to any consumer of, or the cost or terms of:

(a) Education enrollment or an education opportunity;

(b) Employment or an employment opportunity;

(c) A financial or lending service;

(d) An essential government service;

(e) Health care services;

(f) Housing;

(g) Insurance; or

(h) A legal service.

(9) (a) "High-risk artificial intelligence system" means any artificial intelligence system that, when deployed, makes, or is a substantial factor in making, a consequential decision.

(b) "High-risk artificial intelligence system" does not include:

(I) An artificial intelligence system if the artificial intelligence system is intended to:

(A) Perform a narrow procedural task; or

(B) Detect decision-making patterns or deviations from prior decision-making patterns and is not intended to replace or influence a previously completed human assessment without sufficient human review; or

(II) the following technologies, unless the technologies, when deployed, make, or are a substantial factor in making, a consequential decision:

(A) Anti-fraud technology that does not use facial recognition technology;

(B) Anti-malware;

(C) Anti-virus;

(D) Artificial intelligence-enabled video games;

(E) Calculators;

(F) Cybersecurity;

(G) Databases;

(H) Data storage;

(I) Firewall;

(J) Internet domain registration;

(K) Internet website loading;

(L) Networking;

(M) Spam- and robocall-filtering;

(N) Spell-checking;

(O) Spreadsheets;

(P) Web caching;

(Q) Web hosting or any similar technology; or

(R) Technology that communicates with consumers in natural language for the purpose of providing users with information, making referrals or recommendations, and answering questions and is subject to an accepted use policy that prohibits generating content that is discriminatory or harmful.

Colo. Rev. Stat. §10-3-1104.9

(8) As used in this section, unless the context otherwise requires:

(a) "Algorithm" means a computational or machine learning process that informs human decision making in insurance practices.

(d) "Predictive model" means a process of using mathematical and computational methods that examine current and historical data sets for underlying patterns and calculate the probability of an outcome.

Connecticut

Conn. Gen. Stat. §4-68jj

Conn. Gen. Stat. §4a-23

Conn. Gen. Stat. §51-10e

(a) For the purposes of this section:

(1) "Artificial intelligence" means (A) an artificial system that (i) performs tasks under varying and unpredictable circumstances without significant human oversight or can learn from experience and improve such performance when exposed to data sets, (ii) is developed in any context, including, but not limited to, software or physical hardware, and solves tasks requiring human-like perception, cognition, planning, learning, communication or physical action, or (iii) is designed to (I) think or act like a human, including, but not limited to, a cognitive architecture or neural network, or (II) act rationally, including, but not limited to, an intelligent software agent or embodied robot that achieves goals using perception, planning, reasoning, learning, communication, decision-making or action, or (B) a set of techniques, including, but not limited to, machine learning, that is designed to approximate a cognitive task

Florida

Fla. Stat. §106.145

As used in this section, the term "generative artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, emulate the structure and characteristics of input data in order to generate derived synthetic content including images, videos, audio, text, and other digital content.

Idaho

Idaho Code §18-1507C

(6) As used in this section:

(c) "Generative AI" means any algorithm or model that creates content such as text, images, audio, or video.

(e) "Machine learning" means the use of algorithms to enable a computer to learn to perform tasks by analyzing a large dataset without being explicitly programmed.

Indiana

2024 Public Law 108

Ind. Code §4-13.1-5-1

As used in this chapter, "artificial intelligence" means computing technology that is capable of simulating human learning, reasoning, and deduction through processes such as:

(1) Acquiring and analyzing information for the purpose of improving operational accuracy through improved contextual knowledge;

(2) Identifying patterns in data; and

(3) Improving operational outcomes by analyzing the results of a previous operation and using the analysis to modify the operation to achieve an improved result.

Maryland

2024 Chapter 496

Md. State Finance & Procurement Code Ann. §3.5-801

(A) In this subtitle the following words have the meanings indicated.

(B) (1) "Algorithmic decision system" means a computational process that facilitates decision making.

(2) "Algorithmic decision system" includes decisions derived from machines, statistics, facial recognition, and decisions on paper.

(C) "Artificial intelligence" means a machine-based system that:

(1) Can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments;

(2) Uses machine and human-based inputs to perceive real and virtual environments and abstracts those perceptions into models through analysis in an automated manner; and

(3) Uses model inference to formulate options for information or action.

(D) (1) "High-risk artificial intelligence" means artificial intelligence that is a risk to individuals or communities, as defined under regulations adopted by the department in consultation with the governor's artificial intelligence subcabinet.

(2) "High-risk artificial intelligence" includes rights-impacting artificial intelligence and safety-impacting artificial intelligence.

(G) "Rights-impacting artificial intelligence" means artificial intelligence whose output serves as a basis for decision or action that is significantly likely to affect civil rights, civil liberties, equal opportunities, access to critical resources, or privacy.

(H) "Safety-impacting artificial intelligence" means artificial intelligence that has the potential to significantly impact the safety of human life, well-being, or critical infrastructure.

Michigan

Mich. Comp. Laws §169.202

(1) "Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses machine and human-based inputs to do all of the following:

(a) Perceive real and virtual environments.

(b) Abstract such perceptions into models through analysis in an automated manner.

(c) Use model inference to formulate options for information or action.

New Mexico

N.M. Stat. Ann. §1-19-26

As used in the Campaign Reporting Act:

C. "Artificial intelligence" means a machine-based or computer-based system that through hardware or software uses input data to emulate the structure and characteristics of input data in order to generate synthetic content, including images, video or audio;

Tennessee

2024 Public Chapter 550

(a) As used in this section, "artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments and that is capable of using machine and human-based inputs to perceive real and virtual environments, abstract such perceptions into models through analysis in an automated manner, and use model inference to formulate options for information or action.

2024 Public Chapter 988

As used in this act:

(2) "Artificial intelligence" means models and systems capable of performing functions generally associated with human intelligence, including reasoning and learning.

Texas

Texas Government Code Ann. §2054.621

In this subchapter:

(1) "Algorithm" means a computerized procedure consisting of a set of steps used to accomplish a determined task.

(2) "Artificial intelligence systems" means systems capable of:

(A) Perceiving an environment through data acquisition and processing and interpreting the derived information to take an action or actions or to imitate intelligent behavior given a specific goal; and

(B) Learning and adapting behavior by analyzing how the environment is affected by prior actions.

(3) "Automated decision system" means an algorithm, including an algorithm incorporating machine learning or other artificial intelligence techniques, that uses data-based analytics to make or support governmental decisions, judgments, or conclusions.

(4) "Automated final decision system" means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.

(5) "Automated support decision system" means an automated decision system that provides information to inform the final decision, judgment, or conclusion of a human decision maker.

Utah

Utah Code Ann. §20A-11-1104

Utah Code Ann. §76-3-203.18

(1) As used in this section:

(a) "Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.

(b) (i) "Creator" means a person that uses artificial intelligence to generate synthetic media.

(ii) "Creator" does not include a person that solely provides the technology used in the creation of the synthetic media.

(c) "Digital content provenance" means purely factual information that:

(i) Details a digital resource's creator, origin, context, history, and editing process; and

(ii) Conforms to an open industry technical standard.

(d) "Generative artificial intelligence" means artificial intelligence technology that is capable of creating content such as text, audio, image, or video based on patterns learned from large volumes of data rather than being explicitly programmed with rules.

Utah Code Ann. §13-2-12

Utah Code Ann. §76-2-107

(1) As used in this section:

(a) "Generative artificial intelligence" means an artificial system that:

(i) Is trained on data;

(ii) Interacts with a person using text, audio, or visual communication; and

(iii) Generates non-scripted outputs similar to outputs created by a human, with limited or no human oversight.

Utah Code Ann. §13-72-101

As used in this chapter:

(2) "Artificial intelligence" means a machine-based system that makes predictions, recommendations, or decisions influencing real or virtual environments.

(3) "Artificial intelligence technology" means a computer system, application, or other product that uses or incorporates one or more forms of artificial intelligence.

Vermont

Vt. Stat. Ann. tit. 3, §3305

(a) Definitions. As used in this section:

(1) "Algorithm" means a computerized procedure consisting of a set of steps used to accomplish a determined task.

(2) "Automated decision system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analytics to make or support government decisions, judgments, or conclusions.

(3) "Automated final decision system" means an automated decision system that makes final decisions, judgments, or conclusions without human intervention.

(4) "Automated support decision system" means an automated decision system that provides information to inform the final decision, judgment, or conclusion of a human decision maker.

Vt. Stat. Ann. tit. 3, §5021

As used in this chapter, "artificial intelligence systems" means systems capable of perceiving an environment through data acquisition and then processing and interpreting the derived information to take an action or actions or to imitate intelligent behavior given a specific goal. An artificial intelligence system can also learn and adapt its behavior by analyzing how the environment is affected by prior actions.

Washington

2021 Chapter 334

Sec. 151 (14) (f) For purposes of this subsection, "automated decision system" or "system" means any algorithm, including one incorporating machine learning or other artificial intelligence techniques, that uses data-based analysis or calculations to make or support government decisions, judgments, or conclusions that cause a Washington resident to be treated differently than another Washington resident in the nature or amount of governmental interaction with that individual including, without limitation, benefits, protections, required payments, penalties, regulations, timing, application, or process requirements.

2024 Chapter 163

(8) The definitions in this subsection apply throughout this section unless the context clearly requires otherwise.

(a) "Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation.

(b) "Generative artificial intelligence" means an artificial intelligence system that generates novel data or content based on a foundation model.

(c) "Machine learning" means the process by which artificial intelligence is developed using data and algorithms to draw inferences therefrom to automatically adapt or improve its accuracy without explicit programming.

(d) "Training data" means labeled data that is used to teach artificial intelligence models or machine learning algorithms to make proper decisions. Training data may include, but is not limited to, annotated text, images, video, or audio.

West Virginia

W. Va. Code §11-13Q-10a

(a) High technology manufacturing business defined. -

(3) Definitions -- For purposes of this section.

(A) Artificial Intelligence -- For purposes of this section "artificial intelligence" means computers and computer systems that, by design and function, perform tasks that would typically require human intelligence, including decision-making, visual perception, speech recognition, or translation of one human language into another human language.

Federal:

AI Definitions:

National Artificial Intelligence Initiative Act of 2020

Pub. Law 116-283

In this division:

(3) ARTIFICIAL INTELLIGENCE.-The term ''artificial intelligence'' means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments. Artificial intelligence systems use machine and human-based inputs to-

(A) Perceive real and virtual environments;

(B) Abstract such perceptions into models through analysis in an automated manner; and

(C) Use model inference to formulate options for information or action.

Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

Oct. 30, 2023

For purposes of this order:

(b) The term "artificial intelligence" or "AI" has the meaning set forth in 15 U.S.C. §9401(3): a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action.

(c) The term "AI model" means a component of an information system that implements AI technology and uses computational, statistical, or machine-learning techniques to produce outputs from a given set of inputs.

(d) The term "AI red-teaming" means a structured testing effort to find flaws and vulnerabilities in an AI system, often in a controlled environment and in collaboration with developers of AI. Artificial Intelligence red-teaming is most often performed by dedicated "red teams" that adopt adversarial methods to identify flaws and vulnerabilities, such as harmful or discriminatory outputs from an AI system, unforeseen or undesirable system behaviors, limitations, or potential risks associated with the misuse of the system.

(e) The term "AI system" means any data system, software, hardware, application, tool, or utility that operates in whole or in part using AI.

(k) The term "dual-use foundation model" means an AI model that is trained on broad data; generally uses self-supervision; contains at least tens of billions of parameters; is applicable across a wide range of contexts; and that exhibits, or could be easily modified to exhibit, high levels of performance at tasks that pose a serious risk to security, national economic security, national public health or safety, or any combination of those matters, such as by:

(i) Substantially lowering the barrier of entry for non-experts to design, synthesize, acquire, or use chemical, biological, radiological, or nuclear (CBRN) weapons;

(ii) Enabling powerful offensive cyber operations through automated vulnerability discovery and exploitation against a wide range of potential targets of cyber attacks; or

(iii) Permitting the evasion of human control or oversight through means of deception or obfuscation.

Models meet this definition even if they are provided to end users with technical safeguards that attempt to prevent users from taking advantage of the relevant unsafe capabilities.

(p) The term "generative AI" means the class of AI models that emulate the structure and characteristics of input data in order to generate derived synthetic content. This can include images, videos, audio, text, and other digital content.

(t) The term "machine learning" means a set of techniques that can be used to train AI algorithms to improve performance at a task based on data.

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