An Act preventing a dystopian work environment.

Mandates that Massachusetts employers inform workers of the use of automated decision systems, requires impact assessments on such systems, and sets conditions under which they can be used.

  • Authority: Massachusetts
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Proposed
  • Most recent activity date: 2024-03-28

Risk subdomain coverage

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

  • Unfair discrimination and misrepresentation
  • Compromise of privacy
  • Overreliance and unsafe use
  • Loss of human agency and autonomy
  • Lack of capability or robustness
  • Lack of transparency or interpretability

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

  • Unequal performance across groups
  • AI system security vulnerabilities
  • Increased inequality and decline in employment

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 8-10 subdomains, with strong focus on discrimination and unequal performance (1.1, 1.3), privacy compromise (2.1), lack of transparency (7.4), and lack of robustness (7.3). The document primarily addresses risks related to automated decision systems in employment contexts, with emphasis on fairness, transparency, and worker protection.

Sector coverage

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

  • Agriculture, Mining, Construction & Manufacturing
  • Trade, Transportation & Utilities
  • Information
  • Finance & Insurance
  • Real Estate, Rental & Leasing
  • Professional & Technical Services
  • Scientific Research & Development Services
  • Management, Administrative & Support Services
  • Educational Services
  • Health Care & Social Assistance
  • Arts, Entertainment & Recreation
  • Accommodation, Food & Other Services
  • Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

This legislation applies broadly across all economic sectors in Massachusetts where employers use automated decision systems or collect worker data. The Act is sector-agnostic and governs AI use in employment contexts across all industries, with explicit inclusion of both private sector employers and state/local government entities.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act ('An Act') from the Massachusetts General Laws with mandatory language throughout, specific civil penalties, enforcement mechanisms through the attorney general and department of labor, and legally enforceable obligations on employers.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: This is an Act amending the Massachusetts General Laws, indicating it was proposed and enacted by the Massachusetts state legislature.

Target

  • Entity Types: AI_Deployer
  • Summary: The Act explicitly targets employers who use automated decision systems and worker information systems in Massachusetts workplaces, as well as vendors who provide such systems.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Summary: The Act designates multiple state agencies with enforcement authority, including the Department of Labor with primary enforcement powers, the Attorney General for civil actions, and specialized agencies for specific violations.

Monitor

  • Entity Types: AI_Governance_Actor, Affected_Stakeholder
  • Summary: The Act establishes monitoring through the Department receiving regular submissions, independent assessors conducting impact assessments, workers having rights to dispute assessments, and an advisory committee to recommend best practices.

AI Lifecycle Stages

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

  • Plan and Design
  • Collect and Process Data
  • Build and Use Model
  • Verify and Validate
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document covers multiple lifecycle stages with primary focus on deployment and operation/monitoring. It addresses planning through impact assessment requirements, data collection and processing through worker data management provisions, model building through ADS development requirements, verification through mandatory impact assessments, deployment through notice requirements, and ongoing monitoring through continuous assessment updates and worker oversight mechanisms.

Technical Scope

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

  • AI Models
  • AI Systems

Technical Scope Summary

The document explicitly mentions and extensively covers AI systems and automated decision systems (ADS). It does not specifically mention frontier AI, general purpose AI, task-specific AI, foundation models, generative AI, predictive AI, open-weight models, or compute thresholds. The focus is on automated decision systems used in employment contexts regardless of their technical architecture.

https://malegislature.gov/Bills/193/H1873
https://agora.eto.tech/instrument/284
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Document data from AGORA, CSET Emerging Technology Observatory.