Colorado § 6-1-1706 - Enforcement by attorney general.

§ 6-1-1706. Enforcement by attorney general.

[Editor's note: This version of this section is effective until January 1, 2027.]

(1) Notwithstanding section 6-1-103, the attorney general has exclusive authority to enforce this part 17.

(2) Except as provided in subsection (3) of this section, a violation of the requirements established in this part 17 constitutes an unfair trade practice pursuant to section 6-1-105 (1)(hhhh).

(3) In any action commenced by the attorney general to enforce this part 17, it is an affirmative defense that the developer, deployer, or other person:

(a) Discovers and cures a violation of this part 17 as a result of:

(I) Feedback that the developer, deployer, or other person encourages deployers or users to provide to the developer, deployer, or other person;

(II) Adversarial testing or red teaming, as those terms are defined or used by the national institute of standards and technology; or

(III) An internal review process; and

(b) Is otherwise in compliance with:

(I) The latest version of the "Artificial Intelligence Risk Management Framework" published by the national institute of standards and technology in the United States department of commerce and standard ISO/IEC 42001 of the International Organization for Standardization;

(II) Another nationally or internationally recognized risk management framework for artificial intelligence systems, if the standards are substantially equivalent to or more stringent than the requirements of this part 17; or

(III) Any risk management framework for artificial intelligence systems that the attorney general, in the attorney general's discretion, may designate and, if designated, shall publicly disseminate.

(4) A developer, a deployer, or other person bears the burden of demonstrating to the attorney general that the requirements established in subsection (3) of this section have been satisfied.

(5) Nothing in this part 17, including the enforcement authority granted to the attorney general under this section, preempts or otherwise affects any right, claim, remedy, presumption, or defense available at law or in equity. A rebuttable presumption or affirmative defense established under this part 17 applies only to an enforcement action brought by the attorney general pursuant to this section and does not apply to any right, claim, remedy, presumption, or defense available at law or in equity.

(6) This part 17 does not provide the basis for, and is not subject to, a private right of action for violations of this part 17 or any other law.

Source: L. 2024: Entire part added, (SB 24-205), ch. 198, p. 1215, § 1, effective May 17.

ANNOTATION

Law reviews. For article, "Generative AI and the Law", see 53 Colo. Law. 30 (Nov. 2024).