SB 936 is focused on an important issue—ensuring that artificial intelligence systems used in high-stakes decisions about Marylanders are transparent, free of bias, and that residents retain some autonomy and recourse.
It would apply to companies developing and using AI systems to help make critical decisions about Marylanders—such as who gets a job, who gets into their dream college, who is selected for an apartment, who gets access to which medical treatments, and more. SB 936 would require companies to adopt industry best practices for assessing the risks associated with their products; it would require developers to share information with the companies that buy their products; and would require companies to provide information to consumers so that they can understand how AI systems are making high-stakes decisions about them, and can vindicate their rights under other laws.
As introduced, SB 936 has loopholes that could allow many companies to side-step accountability entirely.
Consumer Reports suggests several amendments, including:
- Remove loopholes and unnecessary, vague exemptions to the definition of “high risk artificial intelligence
- Add “cost or terms” to the definition of “consequential decision”
- Remove “duty of care” framing for algorithmic discrimination
- Narrow the overbroad exemption to consumer’s right to appeal
- Remove NIST RMF “conformity” exemption
For more, see the attached PDF