Page 39 - BusinessWest January 8, 2024

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Responsible
Continued from page 37
Meanwhile, in Connecticut
This past June, Connecticut passed a law, SB-1103, that recognizes the dystopian nature of the government using AI to make decisions about the treatment of its citizens. It requires that — by, on or before Dec. 31, 2023 — Connecticut’s executive and judicial branches conduct and make available “an inventory of all their systems that employ artificial intelligence.” (That is, it asks the machinery of the state to reveal itself, in part.)
By Feb. 1, 2024, the executive and judicial branches must also conduct (and publicly disclose) an “impact assessment” to ensure that systems using AI “will not result in unlawful discrimination or a disparate impact against specified individuals.” Chat- GPT’s presumption, noted above, that every person is a symmetrically faced white man would be much more seri- ous in the context of an automated decision-making system that impacts the property, liberty, and quality of life of Connecticut residents.
This proposed legislation is, of course, just the beginning of gov- ernment’s attempts to grapple with the ‘responsible use’ (an Orwellian term, if ever there was one) of AI and technology. Massachusetts has pro- posed the creation of a commission to address the executive branch’s use of automated decision making; Con- necticut’s new law has mandated a working group to consider an ‘AI Bill of Rights’ modeled after a federal blueprint for the same. The results —
Continued from page 38
and the inventory, and the assessments — remain to be seen in the new year. BW
Lauren C. Ostberg is a partner, and Michael McAndrew an associate, at Bulkley Richardson, the largest law firm in Western Mass. Ostberg, a key member of the firm’s intellectual property and technology group, co-chairs the firm’s cybersecurity practice. McAndrew is a commercial litigator who seeks to understand the implications and risks of businesses adopting AI.
“This proposed legislation is, of course, just the beginning of government’s attempts to grapple with the ‘responsible use’ (an Orwellian term, if ever there was one) of AI and technology.”
Myths
these options, then the decision is to take their chances and hope they are never institutionalized.
While this article is repetitive of prior articles, hopefully the annual exclusion rule for taxes will be understood by more people so that the misinformation will not continue to be spread. There is no substitute for good legal advice from a qualified elder-law attorney when con- sidering any Medicaid or tax-planning strategy or transfer. BW
Hyman Darling, a shareholder at Bacon Wilson and chair of the firm’s estate-planning and elder- law department, is recognized
as the area’s preeminent estate planner, with extensive experience with all aspects of estate planning, trusts, tax law, probate and estates, guardianships, special-needs trusts and planning, elder law, and long- term care planning, and additional specialties including adoption and real estate; (413) 781-0560.
*E
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