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Analyzing the Colorado AI Act Proposed Amendments

By David Stauss [Former Attorney], Shelby Dolen [Former Attorney] & Marlaina Pinto [Former Attorney] on April 30, 2025
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Keypoint: The Colorado legislature is considering significant amendments to the nation’s first algorithmic discrimination law.

On April 28, 2025, Colorado Senator Robert Rodriguez and Representative Brianna Titone introduced SB 318, which makes significant amendments to the Colorado AI Act (SB 205). The bill is currently pending in the Senate. The Colorado legislature closes Wednesday, May 7. In the below article, we provide an overview of the more significant proposed amendments.

In addition, because SB 318 is only a redline of the sections of the Colorado AI Act for which amendments were proposed, it does not show the changes in the full context of the existing law. We prepared a complete redline of the law, which is available to Byte Back AI subscribers here.

Changes to Definitions

Algorithmic Discrimination

The amendments significantly change the law’s definition of algorithmic discrimination. Under the prior version, algorithmic discrimination was defined as any condition in which the use of an AI system results in unlawful differential treatment or impact that disfavors an individual or group of individuals based on a protected classification such as race or gender. The proposed definition defines the term as the use of an AI system that results in a violation of any applicable local, state or federal anti-discrimination law, such as the Colorado Anti-Discrimination Act. This is a narrower definition than under the existing law.

Consequential Decision

The amendments narrow the definition of a consequential decision. Under the law, a consequential decision is a . . . . . . The remainder of this article is available to Byte Back AI subscribers here.

Tags: AI
Photo of David Stauss [Former Attorney] David Stauss [Former Attorney]

Formerly with Husch Blackwell, David routinely counseled clients on complying with privacy laws such as the EU’s General Data Protection Regulation, the California Consumer Privacy Act, the Colorado Privacy Act, and other state privacy laws.

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Photo of Shelby Dolen [Former Attorney] Shelby Dolen [Former Attorney]

Formerly with Husch Blackwell, Shelby regularly monitored and researched fast-changing consumer privacy laws, with the understanding that critical strategy and success for any business includes oversight of data privacy policies and intellectual property portfolios.

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Photo of Marlaina Pinto [Former Attorney] Marlaina Pinto [Former Attorney]

Formerly with Husch Blackwell, Marlaina focused on intellectual property and data privacy work.

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  • Posted in:
    Technology and AI
  • Blog:
    Byte Back
  • Organization:
    Husch Blackwell LLP
  • Article: View Original Source

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