Introduction
Virginia is taking significant steps towards establishing a regulatory framework for high-risk artificial intelligence (AI) systems. This initiative involves the Virginia General Assembly’s Joint Commission on Technology and Science (JCOTS) and aims to address the complexities and implications of AI technologies, ensuring ethical and equitable use across various sectors.
Description
Virginia is actively developing legislation focused on a regulatory framework for high-risk artificial intelligence (AI) systems [2] [3], currently under consideration by the Virginia General Assembly’s Joint Commission on Technology and Science (JCOTS). This legislative body [1], tasked with studying advancements in AI [4], has established an AI-specific Subcommittee to address the complexities of AI regulation [1], including evaluating the impacts of deep fakes [4], data privacy concerns [4], and misinformation [4]. The Subcommittee is holding hearings to gather expert insights and explore measures to prevent discrimination arising from AI technologies, as well as strategies to promote equity in AI algorithms. The proposed legislation aims to govern the use of high-risk AI systems by both public and private sector entities [1] [2], with recommendations for appropriate legislation to be made for consideration by the General Assembly [4].
In January 2024 [1] [2], Governor Glenn Youngkin signed Executive Order 30 on Artificial Intelligence [2], which sets forth safety standards for the ethical and transparent use of AI within state government [1]. This order impacts various sectors, including education and law enforcement [1], and extends to third parties such as businesses and contractors working with the Commonwealth [2].
The forthcoming legislation seeks to formalize rules regarding high-risk AI systems [1] [2], with a focus on preventing “algorithmic discrimination,” defined as any unlawful differential treatment based on protected classifications [1] [2]. Key roles defined in the legislation include Developers [2], Integrators [2], and Deployers of high-risk AI systems [1] [2], each with specific responsibilities [2]. Developers and deployers will be required to disclose the rationale behind significant decisions, including the AI system’s contribution to those decisions and the data used [1]. Consumers will have the right to correct inaccuracies or appeal adverse outcomes [1].
Compliance obligations for developers and deployers will include detailed disclosures about their AI systems [1], and enforcement will be managed by the Office of the Attorney General [1], without a private right of action for consumers [1]. If passed [1] [2], these bills would position Virginia alongside Colorado as a state with a formal AI regulatory framework [2], prompting businesses and public entities to prepare for compliance [2]. Notably, Virginia is considering two separate bills to differentiate regulatory requirements for public versus private sector entities involved in high-risk AI systems [1], with the legislation set to take effect in July 2026. Additionally, the Commission will explore potential applications of AI to enhance government operations and services [4], further emphasizing the state’s commitment to responsible AI governance.
Conclusion
The proposed AI legislation in Virginia represents a proactive approach to managing the risks and opportunities associated with AI technologies. By establishing clear guidelines and responsibilities, the state aims to foster innovation while safeguarding against potential harms. This initiative not only positions Virginia as a leader in AI regulation but also sets a precedent for other states to follow, ensuring that AI development and deployment are conducted responsibly and ethically.
References
[1] https://www.woodsrogers.com/insights/publications/sweeping-ai-legislation-under-consideration-in-virginia
[2] https://www.jdsupra.com/legalnews/sweeping-ai-legislation-under-3953033/
[3] https://www.distinguished-mag.com/sweeping-ai-legislation-under-consideration-in-virginia/
[4] https://www.richmondsunlight.com/bill/2024/sj14/
