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California Seeks to Have Consistent Definition of Artificial Intelligence

By Joseph J. Lazzarotti & Kevin B. Hambly on October 1, 2024
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Artificial Intelligence Neural Processor Unit chip
Igor Omilaev, Unsplash

Artificial Intelligence (AI) has created numerous opportunities for growth and economic development throughout California.  However, the unregulated use of AI can lead to a Pandora’s Box of undesirable consequences. A regulatory framework that leads to inconsistent results likely will lead to other problems.  Acknowledging this, the most recent California legislature included a bevy of bills aimed at regulating the use of AI, a formal, legal definition of AI to use across various California statutes. 

On September 28, 2024, Governor Newsom signed Assembly Bill (AB) 2885, which defines AI as

an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objective, infer from the input it receives how to generate outputs that can influence physical or virtual environments. 

The purpose of this definition is to standardize the definition of AI across various California statutes, including the California Business and Professions Code, Education Code, and Government Code.  According to the California legislature, this definition is broad enough to cover all conceivable uses of AI, yet it limits what is considered AI solely to “engineered or machine-based systems” (i.e., not biological organisms).  Moving forward, we can expect the legislature to continue using this definition of AI as it navigates the novel legal issues that arise in our ever-evolving technological world.

The amendments of this bill take effect January 1, 2025.

Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the…

Joseph J. Lazzarotti is a principal in the Tampa, Florida, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Read more about Joseph J. LazzarottiEmail
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  • Posted in:
    Technology and AI
  • Blog:
    Workplace Privacy, Data Management & Security Report
  • Organization:
    Jackson Lewis P.C.
  • Article: View Original Source

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