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Utah Attorney General Derek Brown (R) and North Carolina Attorney General Jeff Jackson (D) have announced a nationwide bipartisan "AI Task Force," in partnership with major AI developers (including OpenAI and Microsoft) and the Attorney General Alliance (AGA), a bipartisan nonprofit that serves as a forum for attorneys general around the United States to discuss and collaborate on policy and enforcement initiatives.
The Task Force's Key Mandates:
- Identify emerging AI‑related issues by working with law enforcement, subject matter experts, and stakeholders.
- Develop "basic safeguards" for AI developers to follow — with an emphasis on protecting youth and reducing risk of harm.
- Establish a standing forum to monitor developments in AI and coordinate timely responses as new challenges arise.
The Task Force's Participants and Structure:
The Task Force is facilitated through the AGA and is being led by AG Brown and AG Jackson in conjunction with several industry leaders from Microsoft and OpenAI. The involvement of significant AI industry leaders underscores the Task Force's public‑private partnership approach.
Potential Implications for In‑House Counsel:
- Given the standing forum and monitoring mechanism of the Task Force, companies may face more coordinated state‑level enforcement or policy developments with respect to AI and emerging technologies.
- As the Task Force emphasizes "basic safeguards" for AI developers, companies contracting with AI tool providers for their in-house needs should evaluate whether contract terms, vendor certifications, or disclosures align with the emerging expectations.
Takeaways
- The creation of this new bipartisan Task Force signals a meaningful shift in state‑level regulation of AI — not solely reactive enforcement but also forward‑looking coordination between public agencies and industry leaders.
- In the absence of federal legislative regulation, and in the face of executive action, such as the January 23 executive order "Removing Barriers to American Leadership in Artificial Intelligence," and the possible executive order that would seek to restrain state AI regulation, the Task Force is presented with a unique opportunity help shape the future landscape of AI regulation in the country.
- In‑house counsel for companies using or creating AI products should monitor developments arising out of the Task Force, including individual state AG offices, and ensure preparedness for the potential of increased regulatory focus.
- Companies interested in submitting comments to the Task Force or attending meetings should email AI@atg.wa.gov at least 24 hours prior to a meeting. Members of the public are also welcome to participate in Task Force Subcommittee meetings, which are listed on the Washington AG's webpage.
Please contact us if you would like assistance conducting an AI tool inventory, performing vendor contract reviews, or updating internal AI governance policies.
For more information related to federal and state AI enforcement actions, please see the client alerts we published earlier this year: (1) Federal and State Regulators Target AI Chatbots and Intimate Imagery and (2) and (2) States are Taking Action on Artificial Intelligence. It is a Trend That is Likely to Continue.
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