EPIC, CFA and Fairplay Urge Stronger Rules Under Colorado Automated Decision-Making Technology and Chatbot Laws

EPIC, Consumer Federation of America (CFA), and Fairplay submitted comments on Monday in response to the Colorado Department of Law’s rulemaking for the state’s recently-passed Automated Decision-Making Technology Act (ADMT Act) and Chatbot Safety Act. EPIC Counsel Kara Williams also testified on Monday’s public hearing on this rulemaking. 

While the proposed rules for the ADMT Act are a positive step to reign in the myriad harms from ADMTs used in consequential decisions, the comments and testimony point out the provisions that deployers of ADMTs can use to evade responsibility owed to Coloradans. In her testimony, Williams highlighted the concern that “many of the draft rules will allow deployers to continue to avoid responsibility for causing harm using ADMTs by allowing them to place blame on developers or third parties for issues,” and that “the inclusion and overreliance on concepts like ‘commercial reasonableness’ and ‘technical feasibility’ that will ultimately allow deployers to further evade responsibility for harm.” Coloradans deserve transparency that is actionable and clear steps for accountability when ADMTs cause harm. 

For the proposed rules under the Chatbot Safety Act, the comments and testimony focused on the privacy concerns around the age assurance provisions. As Williams explained in her testimony, “because age assurance is often a threshold step before safety or privacy safeguards can be employed to protect minors online, it is essential that Colorado develop an age-assurance process that properly balances privacy, security, and trust.” However, the comments also point out thatrulemaking cannot address the Chatbot Safety Act’s weaknesses sufficiently to make it an effective chatbot regulation overall. EPIC, CFA, and Fairplay implored the Colorado General Assembly to revisit the Chatbot Safety Act next legislative session. 

EPIC, along with CFA and Fairplay, have been a leading voice in calling for stronger safeguards around ADMTs and Chatbots across states and at the federal level. The comments and testimony are the latest example of our engagementwith rulemaking processes to fight for strong privacy protections.