by Davis Polk
The Utah legislature amended its Artificial Intelligence Policy Act to focus on “high-risk” generative AI interactions and to establish a new safe harbor.
Background
In March 2024, Utah became the first state to enact legislation specifically targeting generative AI (Gen AI). The Utah Artificial Intelligence Policy Act (UAIPA), which took effect on May 1, 2024, imposed certain disclosure obligations on entities using Gen AI tools to interact with their customers and confirmed that those entities cannot avoid liability under Utah consumer protection law because the violative statement or act derived from Gen AI. The UAIPA also sought to encourage AI innovation by establishing the Office of Artificial Intelligence Policy to administer an AI Learning Laboratory Program, consult with businesses and other stakeholders about potential regulatory proposals, and grant temporary “regulatory mitigations” to entities developing AI systems.