BSA recommends that policymakers replace the bill’s unworkable liability regime with a clear, role-based accountability framework that assigns obligations according to companies’ role in the AI value chain and holds them accountable for risks within their control. It urges lawmakers to avoid broad and novel liability approaches that conflate developer and deployer responsibilities and instead adopt duty-of-care standards paired with specific compliance actions. BSA also calls for clarifying key definitions to ensure the legislation focuses on high-risk AI systems that make consequential decisions, rather than broadly regulating low-risk applications.

Related: US: BSA Letter on Colorado SB 189