New Hampshire H1688 (2024)

Prohibits state agencies from using AI for unlawful discrimination, public surveillance without a warrant, and malicious deepfakes. Requires human review for irreversible AI decisions. Mandates disclosure for AI-generated content. Ensures compliance via audits and annual reporting to authorities.

  • Authority: New Hampshire
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-07-22

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Overreliance and unsafe use
  • Loss of human agency and autonomy
  • Governance failure

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Unfair discrimination and misrepresentation
  • Compromise of privacy
  • False or misleading information
  • Disinformation, surveillance, and influence at scale
  • Fraud, scams, and targeted manipulation
  • Lack of capability or robustness
  • Lack of transparency or interpretability

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 8-9 subdomains, with strong focus on discrimination (1.1), privacy and surveillance (2.1), disinformation and deepfakes (4.1, 4.3), human-computer interaction (5.1, 5.2), governance structures (6.5), and AI system robustness (7.3, 7.4). Coverage is concentrated in discrimination prevention, surveillance restrictions, and human oversight requirements.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Public Administration (excl. National Security)

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Trade, Transportation & Utilities
  • Educational Services
  • National Security

All other sectors had no coverage in this document.

Sectors Summary

This document governs AI use across all state government operations, primarily affecting Public Administration (excluding National Security) and National Security sectors. It applies to government agencies, law enforcement, courts, and critical infrastructure management.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute (New Hampshire H1688) with mandatory language throughout, explicit prohibitions, compliance requirements, enforcement mechanisms through state agencies, and reporting obligations to state authorities.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: New Hampshire State Legislature
  • Summary: This is a state legislative act (H1688) passed by the New Hampshire legislature, as indicated by the chapter structure and effective date provisions typical of state statutes.

Target

  • Entity Types: AI_Deployer, AI_Governance_Actor
  • Entities: State agencies; Department of Information Technology; Legislative and judicial branches of state government; Law enforcement
  • Summary: The document explicitly targets all state agencies including legislative, judicial, and executive branches, as well as law enforcement entities that deploy or use AI systems.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Information Technology
  • Summary: The Department of Information Technology is designated as the primary enforcement body responsible for receiving compliance reports, maintaining code of ethics, and reporting to state authorities.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: Department of Information Technology; Governor; Speaker of the House of Representatives; President of the Senate
  • Summary: The Department of Information Technology monitors compliance and reports annually to the Governor and legislative leadership, who provide oversight of implementation.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Plan and Design
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily focuses on the Deploy and Operate and Monitor stages, with requirements for human review of irreversible decisions, disclosure of AI-generated content, and ongoing compliance monitoring. It also addresses the Plan and Design stage through prohibited use cases and the Verify and Validate stage through compliance review requirements.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly defines and covers AI systems and generative AI. It addresses specific AI applications including biometric identification, deepfakes, and decision-making systems. There is no mention of frontier AI, general purpose AI, foundation models, compute thresholds, or open-weight models.

https://gc.nh.gov/bill_status/legacy/bs2016/bill_status.aspx?lsr=2510&sy=2024&sortoption=&txtsessionyear=2024&txtbillnumber=HB1688
https://agora.eto.tech/instrument/2210
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Document data from AGORA, CSET Emerging Technology Observatory.