BSA: CO AI Law Revisions Raise Significant Concerns

"When Colorado's AI Act was enacted, the state's elected leaders acknowledged that the first-of-its-kind law required continued work to ensure it did not unintentionally hinder AI development and adoption in Colorado. Unfortunately, the proposed update to the law includes concerning provisions that would move the state's AI law in the wrong direction.

SB26-189 would broaden the law's scope, disrupt existing contracts between developers and deployers, and introduce a new, untested, and unworkable liability scheme that holds AI developers responsible for consequential decisions outside of their control.

BSA has identified a better path for AI legislation that requires AI developers and deployers to identify and address risks, undertake robust assessments, and act promptly when problems emerge. Placing strong obligations on companies for how high-risk AI systems are developed and deployed prioritizes responsible behavior across the AI ecosystem.

The Business Software Alliance will continue to engage with leaders in Colorado as they consider updates to the law. We believe the broad definitions and new liability regime proposed by SB26-189 make AI innovation and adoption more difficult in Colorado, contrary to state leaders' goals in revisiting the law in the first place."