Attorney General William Tong released a memorandum about the application of existing laws to artificial intelligence on Wednesday, Feb. 25.
“This document focuses on the past and present, as it must, in highlighting existing legal constructs and their application in the realm of AI,” the memorandum states. “As AI and its uses evolve, it is critically important to protect Connecticut families and children.”
The memo outlined ways that laws about civil rights, privacy protection, consumer protection, safeguard breach and notification, and anti-trust laws apply to businesses and individuals that use AI systems.
“AI can exacerbate discrimination, bias, and abuse; spread disinformation; and otherwise influence decision-making that leads to poor outcomes,” the memo stated. “Individuals tend to use AI in search of a quick answer, but businesses use AI for a range of reasons. These include, but are not limited to, tenant screenings for rentals, employment decisions, credit risk and loan decisions, insurance claims, and targeted consumer ads. It is imperative that consumers understand how AI impacts their lives, and how their data is compiled and used to train these tools.”
Connecticut legislators have been expanding AI regulations in recent years. Last legislative session, the Connecticut General Assembly (CGA) made several amendments to the Connecticut Data Privacy Act (CTDPA).
Legislators also passed a law criminalizing the distribution of AI-generated pornographic images if the images were made without the consent of the people being depicted. That law took effect on Oct. 1.
But other bills have failed to make it past the finish line. Last session, Gov. Ned Lamont and Sen. James Maroney (D-Milford) both introduced bills that would regulate artificial intelligence. Neither bill passed. Another law, which would regulate the use of AI-generated images to affect elections, died in the chamber. Opponents of the law were concerned about the potential for the distributors, like cable news operators, to be prosecuted, even if they did not create the content.
“The bill could put video platforms and other similar advertising channels in the middle of a complicated public policy matter in a way that could do more harm than good to the public,” New England Connectivity and Telecommunications Association Executive Vice President of Legislative and External Affairs Anna Lucey said in a written testimony. Lucey recommended amending the proposed legislation.
Tong has taken other steps to counter what he describes as “algorithm misuse” in the memorandum. In the past, Tong has joined multistate lawsuits against multiple tech firms, including Meta and Google, for various legal offenses involving algorithms.
Earlier this month, Tong released a report on the CTDPA. In that report, he states that his office was looking into ways that AI chatbots could harm minors.
“In addition to creating additional protections for families through legislative action, the Office of the Attorney General has at its disposal the most effective tools available to ensure the safety of Connecticut families and accountability for wrongdoers.”
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