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    December 19, 2022
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    John Rood

    Emerging AI and ML Regulation to Follow

    Regulation around AI and ML is likely to follow the old saw: it will go very slowly, then all at once. Here are several current or potential regulations that executives and HR leaders show follow:

    1. New York City’s Automated Employment Decision Tool Law (more formally, Local Law 144 of 2021. We have written substantial about this law, going into effect on January 1, 2013, and impacting many companies using AI algorithms for hiring. This is in many ways the bursting of the regulation ban — the first wide-ranging regulation on AI in hiring in a large jurisdiction.

    2. The White House’s “Blueprint for an AI Bill of Rights.” As the title suggests, this is a position statement, not pending legislation. However it’s a big deal: it instructs federal agencies on some of the key issues they will likely be regulating in the future.

    3. The EU’s AI Liability Directive. This is proposed legislation only; MIT believes it could go into effect only “in a few years.” That being said, GDPR showed us how EU legislation can powerfully drive compliance for basically all international companies, so it’s one to keep an eye on.

    4. The Illinois Artificial Intelligence Video Interview Act. This law isn’t emerging, as it has been in effect since January of 2022. What will be interesting is seeing how Illinois chooses to enforce the law, particularly to what extent it focuses enforcement on vendors vs individual hiring companies.

    John Rood

    John is a sought-after expert on emerging compliance issues related to AI in hiring and HR. He has spoken at the national SHRM conference, and his writing has appeared in HR Brew, Tech Target, and other publications. Prior to Proceptual, John was founder at Next Step Test Preparation, which became a leader in the pre-medical test preparation industry before selling to private equity. He lives in the Chicago area and is a graduate of Michigan State University and the University of Chicago.

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