Sec. 2412. Duty of Care, Digital Consumer Protection Commission Act of 2023

• Authority: United States Congress
• Parent authority: Federal government
• Jurisdiction: United States
• Collections: U.S. federal laws
• Most recent activity: Defunct
• Most recent activity date: 2025-01-03

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
• Unequal performance across groups

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

• Compromise of privacy
• Power centralization and unfair distribution
• Increased inequality and decline in employment
• Lack of capability or robustness

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 5-6 subdomains, with strong focus on discrimination and toxicity (1.1, 1.3), privacy compromise (2.1), and socioeconomic harms (6.1, 6.2). Coverage is concentrated in fairness, non-discrimination, and protection of access to essential services.

Sector coverage

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

• Finance & Insurance
• Real Estate, Rental & Leasing
• Educational Services
• Health Care & Social Assistance
• Public Administration (excl. National Security)

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

• Information
• Professional & Technical Services
• Management, Administrative & Support Services
• Accommodation, Food & Other Services

All other sectors had no coverage in this document.

Sectors Summary

This statute governs AI use across multiple critical sectors including Finance and Insurance, Real Estate, Professional Services, Educational Services, Health Care, Public Administration, and National Security. The regulation is cross-sectoral, focusing on preventing discrimination and harm in consequential decisions across all major service sectors.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legal statute with mandatory prohibitions on covered entities, using mandatory language ('may not') and establishing legal obligations with enforcement mechanisms implied through the statutory framework.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: United States Congress
• Summary: The document is identified as being from the United States Congress, which is the legislative body that proposed and drafted this statutory provision.

Target

• Entity Types: AI_Developer, AI_Deployer
• Entities: covered entity
• Summary: The statute applies to 'covered entities' that design or employ AI services, algorithms, or process personal data. These entities are those developing and deploying AI systems and handling data.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: Digital Consumer Protection Commission
• Summary: The Act title references the Digital Consumer Protection Commission, which is the implied enforcement body for this statutory duty of care provision.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Digital Consumer Protection Commission
• Summary: The Digital Consumer Protection Commission, as the regulatory body established by this Act, would be responsible for monitoring compliance with the duty of care requirements.

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 AI lifecycle stages with primary focus on the Design, Build, Deploy, and Operate stages. It addresses how AI systems and algorithms should be designed, employed, and operated to prevent harm and discrimination.

Technical Scope

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

No technical scope terms identified.

Technical Scope Summary

The document explicitly mentions AI and algorithms, and addresses data processing activities. It does not specifically reference frontier AI, general purpose AI, foundation models, or compute thresholds. The scope is broad, covering AI services and algorithms generally without distinguishing between model types.