Attorney General Bob Ferguson is proposing legislation to create a bipartisan Artificial Intelligence Task Force in Washington state that would recommend principles for AI use, identify potential high-risk uses of AI, and raise other policy issues for state legislators to consider.
Explaining the need for the task force, the related bills cite the risk that AI will “further perpetuate bias and harm to historically excluded groups,” and note that the “federal government has not yet enacted meaningful regulations or oversight into generative artificial intelligence,” leaving the industry to largely regulate itself.
As shown in the past, on issues including data privacy, the presence of Microsoft, Amazon, and other major tech players in the Seattle region can position the state’s leaders to have a broader impact on national law and policy.
However, in a phone interview Monday afternoon, Ferguson downplayed that notion as a motivation for the task force, saying the primary goal is to “get our arms around this from a policymaker’s perspective” for Washington state.
“If it has some additional benefit, has a broader reach, that’s great,” he said. “But that certainly was not the focus.”
We’ve contacted the office of Gov. Jay Inslee for comment on the proposed legislation. Ferguson, a Democrat, is running for governor in 2024 with Inslee’s endorsement.
As proposed, the 42-member AI task force would include representatives from the legislature, state agencies, tribes, technology experts, civil liberties organizations, education, consumer advocates, businesses, and many others.
Under the proposal, the attorney general would appoint the majority of the task force, including representatives of specific tech trade groups, including the Washington Technology Industry Association and TechNet.
Also appointed by the AG would be representatives of advocacy groups for people who are “disproportionately vulnerable to being harmed by algorithmic bias,” the proposed legislation reads. It cites, as examples, “African American, Hispanic American, Native American, Asian American, Native Hawaiian and Pacific Islander communities, religious minorities, people with disabilities, and other vulnerable communities.”
Ferguson is working with Sen. Joe Nguyen, D-White Center, and Rep. Travis Couture, R-Allyn, to introduce the bills as part of the 2024 legislative session. The relevant bills have been pre-filed as HB 1934 and SB 5838.
The task force would meet at least twice a year, holding its first meeting by Dec. 31, 2024, according to the text of the bills. The task force’s preliminary report would be due to the governor and state legislature by Dec. 1, 2025, with final findings and recommendations due by June 1, 2027.
“I think virtually every Washingtonian understands that this new technology brings opportunities, but also some potential challenges,” Ferguson said in the phone interview. “It’s important for policymakers and leaders in the state to get guidance from experts on how best to channel the positives, and minimize the negatives.”
This proposal is part of a slate of “Attorney General Request” bills that Ferguson introduces in every legislative session. The majority of these bills pass with bipartisan support.
Outlining the plan to establish the task force, the Attorney General’s office listed these examples of the findings and recommendations expected to be produced by the group.
- A recommended set of guiding principles for generative artificial intelligence use.
- Identification of high-risk uses of artificial intelligence, including those that may negatively affect safety or fundamental rights.
- Opportunities to support and protect the innovation of generative artificial intelligence technologies.
- Recommendations as to how the state should educate to the public on the development and use of generative artificial intelligence.
- A review of public policy issues, including benefits and risks to the public broadly, historically excluded communities, racial equity considerations, workforce impacts and ethical concerns.
According to the AG’s office, at least 25 states have introduced AI-related legislation and four other states (Colorado, Illinois, Vermont and Virginia) have created their own AI-related tasks forces or commissions.
