AI CONSENT Act

• 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.

• Compromise of privacy
• Lack of transparency or interpretability

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

• Unfair discrimination and misrepresentation
• Unequal performance across groups
• Loss of human agency and autonomy
• Governance failure

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses privacy and security risks (2.1), with strong focus on data protection and consent mechanisms. It has minimal coverage of discrimination risks (1.1, 1.3) through indirect implications of data use, and touches on governance (6.5) and transparency (7.4) issues. The document does not substantially address most other risk domains including toxicity, misinformation, malicious actors, human-computer interaction, socioeconomic impacts, or AI safety failures.

Sector coverage

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

• Information

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

• Agriculture, Mining, Construction & Manufacturing
• Trade, Transportation & Utilities
• 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

All other sectors had no coverage in this document.

Sectors Summary

This legislation applies broadly across all economic sectors where covered entities (persons, partnerships, or corporations subject to FTC jurisdiction) collect consumer data and use it to train AI systems. The Act is sector-agnostic and governs data practices across industries including Information, Finance and Insurance, Health Care, Professional Services, and others that collect and use consumer data for AI training.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding federal statute with mandatory requirements, enforcement mechanisms through the FTC, and penalties for non-compliance. The document uses mandatory language throughout and establishes clear legal obligations for covered entities.

Actors

Proposer

• Entity Types: AI_Governance_Actor
• Entities: United States Congress; Senator Welch; Senator Luján; Committee on Commerce, Science, and Transportation
• Summary: The bill was introduced in the U.S. Senate by Senator Welch and Senator Luján and referred to the Committee on Commerce, Science, and Transportation, indicating these are the proposing actors.

Target

• Entity Types: AI_Developer, AI_Deployer
• Entities: Covered entities (persons, partnerships, or corporations subject to FTC jurisdiction); Third parties receiving covered data
• Summary: The Act targets 'covered entities' defined as persons, partnerships, or corporations subject to FTC jurisdiction that collect consumer data and use it to train AI systems or transfer it to third parties for such purposes.

Enforcer

• Entity Types: AI_Governance_Actor
• Entities: Federal Trade Commission (FTC)
• Summary: The FTC is explicitly designated as the enforcement body with authority to promulgate regulations and enforce compliance through the same powers granted under the Federal Trade Commission Act.

Monitor

• Entity Types: AI_Governance_Actor
• Entities: Federal Trade Commission (FTC); Committee on Commerce, Science, and Technology of the Senate; Committee on Energy and Commerce of the House of Representatives
• Summary: The FTC is responsible for monitoring through its enforcement authority and must submit a study report to Congressional committees on data de-identification methods, indicating both FTC and Congressional oversight roles.

AI Lifecycle Stages

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

• Collect and Process Data
• Build and Use Model
• Operate and Monitor

AI Lifecycle Summary

The document primarily focuses on the 'Collect and Process Data' stage by regulating how consumer data can be collected and used for AI training. It also addresses the 'Build and Use Model' stage through requirements for obtaining consent before using data to train AI systems. There is minimal coverage of other lifecycle stages.

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 defines and covers 'artificial intelligence system' as a machine-based system capable of influencing the environment through predictions, recommendations, or decisions. It does not distinguish between different types of AI (frontier, general purpose, task-specific, generative, predictive) or mention compute thresholds or open-weight models. The focus is on AI systems broadly defined in terms of their training data requirements.