GeoAI and the Law Newsletter
Keeping geospatial professionals informed on the legal and policy issues that will impact GeoAI
Summary of Recent Developments in GeoAI and the Law
Apologies for the delay in publishing the most recent edition of the GeoAI and the Law newsletter. The past several weeks have been filled with travel and putting the finishing touches upon my soon to be published textbook Geospatial Law, Policy and Ethics: Where Geospatial Technology is Taking the Law. The book was written for graduate level students studying geospatial technologies and/or applications, but hopefully will also prove valuable for geospatial professionals who struggle with some of these legal issues in their professional lives.
Not surprisingly, the impact that developing legal and policy framework for AI will have on Geospatial Law is a theme throughout the book. As previously discussed here, there is a significant overlap in the legal issues that are currently being discussed with AI and those that comprise Geospatial Law. These issues include privacy, copyright and other intellectual property rights, liability, and national security issues. The resolution of these issues in the context of AI will have a significant impact on the geospatial ecosystem.
Recommended Reading
U.S. State AI Governance Legislation Tracker
Detailed update on the status of AI-related legislation at the state level in the U.S., including details on Governance, Transparency, Assurance and Individual Rights
Administration Unveils Critical Steps to Protect Workers from Risks of Artificial Intelligence
Principles published by the Department of Labor pursuant to President Biden’s Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence to protect workers from potential risks associated with AI. One of the principles is “[w]orkers’ data collected, used, or created by AI systems should be limited in scope and location, used only to support legitimate business aims, and protected and handled responsibly.”
Colorado Passes Law to Protect Consumers from AI
More details on the law –which will come into force in February, 2026, below.
The report discusses the takeaways from several forums that addressed topics relevant to the geospatial sector, including smart cities, national security and intelligent transportation.
Cyber security of AI: call for views
The United Kingdom is asking for views a voluntary Code of Practice on AI cyber security which is intended to form a new global standard. Request for information closes on August 9, 2024
The Deep Dive
The first comprehensive law in the U.S. to regulate Ai was signed this month in Colorado. It comes into effect in February 2026 and regulates artificial intelligence (AI) systems that make decisions that have a consequential impact, such as in employment, health care, essential government services, housing, and financial services. The act sets forth stringent requirements for both developers (i.e., any person or entity that develops or intentionally and substantially modifies an AI system) and deployers (any person or entity that uses a high-risk AI system) and is intended to promote transparency and protect Colorado residents from algorithmic discrimination. Key highlights include:
Algorithmic Discrimination Prevention: Developers and deployers must use reasonable care to prevent discrimination based on age, color, disability, ethnicity, genetic information, language proficiency, national origin, race, religion, reproductive health, sex, veteran status, or other protected classifications.
Documentation and Transparency: Developers are required to provide detailed documentation, including the purpose, intended benefits, and known risks of AI systems, to ensure deployers can conduct thorough impact assessments. Both developers and deployers must publicly disclose the types of high-risk AI systems they work with and how they manage potential risks.
Consumer Notifications: Deployers must notify consumers when a high-risk AI system is being used to make consequential decisions affecting them. Such notice must provide clear information about the AI system and the decision-making process. In cases of adverse decisions, consumers must be given the opportunity to correct inaccurate data and appeal decisions involving human review.
Enforcement and Compliance: The Colorado Attorney General holds exclusive enforcement authority. Compliance with nationally or internationally recognized AI risk management frameworks can serve as a defense against enforcement actions.
The law could impact a number of organizations that are developing or deploying AI systems that use geospatial information. Examples of geospatial AI (GeoAI) applications that could be considered high risk under the Colorado law include:
· Real Estate Valuation: AI systems estimating property values based on location data might inadvertently incorporate biases, affecting loan approvals and housing opportunities.
· Health care access: AI-driven analysis of geospatial data for health care services could prioritize resources inequitably if not carefully designed and monitored.
· Predictive Policing: Using AI to analyze geospatial data to predict crime hotspots could lead to over-policing in certain neighborhoods, disproportionately affecting minority communities.