Texas recently became the second state to pass a law banning algorithmic discrimination — that is, sanctioning operators of AI systems if those systems unfairly, for example, deny you a bank loan, a second job interview, or an insurance policy. I hope there is no third. These regulations could be catastrophic for truth, innovation, and, ultimately, human freedom.
The Texas Responsible AI Governance Act, which was signed into law last month and will be effective next January, prohibits intentionally creating or using AI in a way that would “infringe, restrict, or impair” a constitutional right or discriminate on the basis of a protected class. Anyone found to have created such an AI faces potential fines and enforcement from the state attorney general. Requiring the element of intent at least sets it slightly apart from Colorado’s law, which was passed last year and will be effective next February.
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