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Illinois lawmakers are debating new rules for artificial intelligence as concerns grow over privacy, safety and innovation.
Illinois already has some laws targeting AI use in image manipulation and intellectual property, according to Andrew Cunningham, senior director of government relations for the Illinois Chamber of Commerce. Broader legislation can also be applied to AI usage, as seen with AI meeting tools under the Biometric Information Privacy Act. Cunningham stated that state laws are adaptive, and irresponsible use of AI by bad actors is not without potential legal consequences. Ketan Ramakrishnan, a Yale law professor, testified on using tort law to hold AI companies accountable, noting that current chatbot suits are often brought through common law. However, lawmakers expressed concern that these laws are insufficient, especially for chatbots, as companies often use terms of service to avoid liability for incorrect or harmful information. Senator Sue Rezin emphasized that corporations should not be able to hide behind algorithms, and companies deploying AI that causes consumer harm should be held responsible. The Chamber of Commerce is also collaborating with the Illinois Department of Human Rights on a 2024 bill that prohibits employers from using AI in recruitment, hiring, and other employment decisions in ways that could lead to discrimination against protected classes like gender or race. Cunningham highlighted the difficulty of implementing rules for new technology, as compliance and interpretation for businesses can be cumbersome due to the lack of adopted rules for this act despite its effective date.
As legislators consider AI regulations, industry donors have significantly funded "pro-AI" candidates in primary elections, yielding mixed results. Human resource professionals also met with lawmakers to discuss AI's role in business and employment. Emily Dickens, chief administrative officer for the Society of Human Resource Management, noted that Illinois is one of 19 states attempting to regulate AI. Businesses are increasingly adopting AI for daily tasks, including marketing campaigns and data analysis. Andrew Cunningham from the Illinois Chamber of Commerce explained that while AI adoption is in early stages, it's becoming crucial for small businesses to compete and expand with limited budgets, and for larger businesses in product development, cybersecurity, and supply chain fixes. Dickens stressed the need for a balance between innovation and ensuring AI doesn't exclude talented individuals from the workforce, highlighting HR's role in hiring, training, and connecting education with employment in an AI-driven world. Despite ongoing negotiations with AI industry stakeholders, the path forward for state AI regulation remains uncertain, particularly given a previous executive order by the president discouraging broad state-level AI regulations. The Department of Justice has yet to challenge state AI laws, leaving the situation complex with many conflicting interests.