As used in this part 17, unless the context otherwise
requires:
(1) (a) Algorithmic discrimination means any condition in which the use of
an artificial intelligence system results in an unlawful differential treatment or
impact that disfavors an individual or group of individuals on the basis of their
actual or perceived age, color, disability, ethnicity, genetic information, limited
proficiency in the English language, national origin, race, religion, reproductive
health, sex, veteran status, or other classification protected under the laws of this
state or federal law.
(b) Algorithmic discrimination does not include:
(I) The offer, license, or use of a high-risk artificial intelligence system by a
developer or deployer for the sole purpose of:
(A) The developer's or deployer's self-testing to identify, mitigate, or prevent
discrimination or otherwise ensure compliance with state and federal law; or
(B) Expanding an applicant, customer, or participant pool to increase
diversity or redress historical discrimination; or
(II) An act or omission by or on behalf of a private club or other establishment
that is not in fact open to the public, as set forth in Title II of the federal Civil
Rights Act of 1964, 42 U.S.C. sec. 2000a (e), as amended.
(2) Artificial intelligence system means any machine-based system that,
for any explicit or implicit objective, infers from the inputs the system receives how
to generate outputs, including content, decisions, predictions, or recommendations,
that can influence physical or virtual environments.
(3) Consequential decision means a decision that has a material legal or
similarly significant effect on the provision or denial to any consumer of, or the cost
or terms of:
(a) Education enrollment or an education opportunity;
(b) Employment or an employment opportunity;
(c) A financial or lending service;
(d) An essential government service;
(e) Health-care services;
(f) Housing;
(g) Insurance; or
(h) A legal service.
(4) Consumer means an individual who is a Colorado resident.
(5) Deploy means to use a high-risk artificial intelligence system.
(6) Deployer means a person doing business in this state that deploys a
high-risk artificial intelligence system.
(7) Developer means a person doing business in this state that develops or
intentionally and substantially modifies an artificial intelligence system.
(8) Health-care services has the same meaning as provided in 42 U.S.C.
sec. 234 (d)(2).
(9) (a) High-risk artificial intelligence system means any artificial
intelligence system that, when deployed, makes, or is a substantial factor in
making, a consequential decision.
(b) High-risk artificial intelligence system does not include:
(I) An artificial intelligence system if the artificial intelligence system is
intended to:
(A) Perform a narrow procedural task; or
(B) Detect decision-making patterns or deviations from prior decision-making patterns and is not intended to replace or influence a previously completed
human assessment without sufficient human review; or
(II) The following technologies, unless the technologies, when deployed,
make, or are a substantial factor in making, a consequential decision:
(A) Anti-fraud technology that does not use facial recognition technology;
(B) Anti-malware;
(C) Anti-virus;
(D) Artificial intelligence-enabled video games;
(E) Calculators;
(F) Cybersecurity;
(G) Databases;
(H) Data storage;
(I) Firewall;
(J) Internet domain registration;
(K) Internet website loading;
(L) Networking;
(M) Spam- and robocall-filtering;
(N) Spell-checking;
(O) Spreadsheets;
(P) Web caching;
(Q) Web hosting or any similar technology; or
(R) Technology that communicates with consumers in natural language for
the purpose of providing users with information, making referrals or
recommendations, and answering questions and is subject to an accepted use
policy that prohibits generating content that is discriminatory or harmful.
(10) (a) Intentional and substantial modification or intentionally and
substantially modifies means a deliberate change made to an artificial intelligence
system that results in any new reasonably foreseeable risk of algorithmic
discrimination.
(b) Intentional and substantial modification or intentionally and
substantially modifies does not include a change made to a high-risk artificial
intelligence system, or the performance of a high-risk artificial intelligence system,
if:
(I) The high-risk artificial intelligence system continues to learn after the
high-risk artificial intelligence system is:
(A) Offered, sold, leased, licensed, given, or otherwise made available to a
deployer; or
(B) Deployed;
(II) The change is made to the high-risk artificial intelligence system as a
result of any learning described in subsection (10)(b)(I) of this section;
(III) The change was predetermined by the deployer, or a third party
contracted by the deployer, when the deployer or third party completed an initial
impact assessment of such high-risk artificial intelligence system pursuant to
section 6-1-1703 (3); and
(IV) The change is included in technical documentation for the high-risk
artificial intelligence system.
(11) (a) Substantial factor means a factor that:
(I) Assists in making a consequential decision;
(II) Is capable of altering the outcome of a consequential decision; and
(III) Is generated by an artificial intelligence system.
(b) Substantial factor includes any use of an artificial intelligence system
to generate any content, decision, prediction, or recommendation concerning a
consumer that is used as a basis to make a consequential decision concerning the
consumer.
(12) Trade secret has the meaning set forth in section 7-74-102 (4).