State AGs Are Not Waiting for New Regulations to Exercise Authority Over AI Use

Business litigation partners Avi Schick and Joshua Turner co-authored an article titled “State AGs Are Not Waiting for New Regulations to Exercise Authority Over AI Use” for Thomson Reuters.

The article explains that state attorneys general are using existing consumer protection, privacy, anti-discrimination, and other regulatory tools to scrutinize companies’ use of artificial intelligence, even as comprehensive AI-specific legislation continues to develop.

The authors discuss the growing tension between federal and state approaches to AI regulation, including federal efforts to promote a national framework and state and federal lawmakers’ efforts to address automated decision-making, algorithmic discrimination, employment-related AI tools, elections, intellectual property, and obscenity.

The article also highlights recent enforcement activity by the Federal Trade Commission and state attorneys general involving AI-based facial recognition, deceptive AI claims, consumer data practices, student lending, and AI companion bots allegedly providing medical advice.

Schick and Turner conclude that businesses should not wait for new AI regulations before building compliance measures, noting that proactive governance can help companies avoid future clashes with regulators.