New York’s RAISE Act: Pioneering AI Safety Legislation

Governor Kathy Hochul has officially signed the RAISE Act, making New York the second state in the U.S. to implement significant legislation aimed at ensuring AI safety. This move follows a growing trend among states to regulate artificial intelligence in response to escalating concerns over safety, transparency, and accountability in AI development.

The Journey of the RAISE Act

Initially passed by state lawmakers in June, the RAISE Act faced some resistance following lobbying efforts from the tech industry, which prompted Governor Hochul to consider adjustments that would scale back the bill. Despite these pressures, the Governor ultimately decided to sign the original version of the bill, with a commitment from lawmakers to address her recommended changes in the upcoming year.

Key Provisions of the RAISE Act

The RAISE Act introduces several crucial measures intended to enhance the safety protocols surrounding AI technology:

1. Transparency in Safety Protocols: Large AI developers must publish comprehensive information about their safety protocols.

2. Incident Reporting: Companies are required to report safety incidents to the state within a strict 72-hour timeframe.

3. Oversight Office: The act establishes a new office within the Department of Financial Services dedicated to monitoring AI development and ensuring compliance with safety standards.

4. Penalties for Non-compliance: Companies that fail to submit safety reports or provide false statements could face substantial fines of up to $1 million, escalating to $3 million for subsequent violations.

These measures aim to create a safer environment for AI development and increase accountability among major tech firms.

A Broader Context of AI Regulation

Hochul’s legislation builds upon a similar safety measure enacted by California Governor Gavin Newsom in September. In her announcement, Hochul emphasized the need for a unified regulatory framework among the country’s leading tech states. “This law builds on California’s recently adopted framework, creating a unified benchmark as the federal government lags behind, failing to implement common-sense regulations that protect the public,” she stated.

State Senator Andrew Gounardes, one of the bill’s sponsors, touted the passage of the RAISE Act as a victory against the interests of Big Tech, asserting, “Big Tech thought they could weasel their way into killing our bill. We shut them down and passed the strongest AI safety law in the country.”

Industry Reactions: Support and Opposition

Not all voices in the tech community are supportive of the RAISE Act. Prominent companies like OpenAI and Anthropic have expressed their endorsement of New York’s legislation while simultaneously advocating for federal oversight. Sarah Heck, head of external affairs at Anthropic, commented to the New York Times, “The fact that two of the largest states in the country have now enacted AI transparency legislation signals the critical importance of safety and should inspire Congress to build on them.”

However, dissent exists within the tech sector. A super PAC—backed by Andreessen Horowitz and OpenAI President Greg Brockman—is reportedly working to challenge Assemblyman Alex Bores, who co-sponsored the RAISE Act alongside Gounardes. Bores remarked on the situation, “I appreciate how straightforward they’re being about it,” implying that the pushback is notable but should be expected in a rapidly evolving legislative landscape.

Federal Resistance and Executive Orders

The establishment of state-level AI regulations is not without challenges. Recently, former President Donald Trump signed an executive order directing federal agencies to scrutinize and potentially contest state AI laws. This order, supported by Trump’s AI czar David Sacks, is perceived as a significant challenge to states’ rights to regulate their own technology sectors effectively.

This executive order may face legal challenges, as it represents the Trump Administration’s ongoing efforts to limit the capacity of individual states to enact their own regulations on artificial intelligence.

The Call for Comprehensive Federal Legislation

The rising momentum for state legislation like the RAISE Act underscores a growing recognition of the need for comprehensive regulation in the AI space. Many industry leaders and advocates argue that federal legislation is crucial to ensuring consistency and effectiveness across states, particularly as technology continues to advance rapidly.

During a recent episode of the Equity podcast, the conversation revolved around Trump’s executive order and the tactical maneuvers by figures such as Sacks and Andreessen Horowitz. The discussion highlighted the fundamental tensions between state initiatives and federal oversight in the age of AI development.

Looking Forward: Challenges and Opportunities

With New York’s RAISE Act and California’s previous legislation paving the way, the focus on AI safety is becoming increasingly urgent. The ongoing dialogue between state governments and tech companies will shape the future of AI legislation and its implications for both innovation and public safety.

As states take leading roles in regulating AI, the various reactions from industry stakeholders—from supporters to challengers—illustrate the complexities of balancing technological advancement with safety and responsibility.

The landscape is likely to evolve, fueled by ongoing debates and potential legal battles over the rights of states to govern emerging technologies like artificial intelligence. With public safety at stake, the path forward will necessitate collaboration between government officials, tech companies, and the broader public.

In conclusion, New York’s RAISE Act stands as a significant milestone in the regulatory framework for AI safety. As state leaders continue to take bold steps towards ensuring a secure technological environment, the pressure will remain on federal authorities to enact a cohesive approach to AI regulation that meets the needs of a rapidly changing world.

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Emmanuel Kesse

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