The AI LEAD Act, introduced by Senators Durbin and Hawley, would create a federal cause of action for products liability claims to be brought when an AI system causes harm
WASHINGTON, D.C. – Today, the Tech Justice Law Project (TJLP) endorsed the AI LEAD Act, a bill introduced by U.S. Senators Dick Durbin (D-Ill.) and Josh Hawley (R-Mo.) that would help victims hold artificial intelligence (AI) companies accountable for harm caused by their systems.
“A strong product liability law incentivizes companies to consider safety throughout the design and development process of AI products; not only when products fail and things go wrong. The LEAD AI act would help protect consumers, promote responsible development and innovation, and build the public trust essential for AI to thrive safely and ethically,” said Meetali Jain, Founder and Executive Director of the Tech Justice Law Project.
TJLP has been a leader in applying products liability protections to AI products, most notably in filing the first-ever wrongful death lawsuits against companies when their defective products have caused irreversible harm to young people. The AI LEAD Act builds from the powerful testimonies provided by TJLP’s clients in these cases and enshrines a products liability framework into federal law. Their testimonies detailed how their children–and potentially countless others–have been manipulated and psychologically harmed through AI products, which were designed to mimic humans in misleading ways and lacked basic safety features and mental health crisis interventions.
“Democrats and Republicans don’t agree on much these days, but we’ve struck a remarkable bipartisan note in protecting children online. Big Tech’s time to police itself is over. Kids and adults across the country are turning to AI chatbots for advice and information, but greedy tech companies have designed these products to protect their own bottom line—not users’ safety. By opening the courtroom and allowing victims to sue, our bill will force AI companies to develop their products with safety in mind. Our message to AI companies is clear: keep innovating, but do it responsibly. I thank Senator Hawley for joining me in introducing this bipartisan bill, and I look forward to passing it into law,” said Senator Durbin.
“When a defective toy car breaks and injures a child, parents can sue the maker. Why should AI be treated any differently? This bipartisan legislation would apply products liability law to Big Tech’s AI, so parents—and any consumer—can sue when AI products harm them or their children,” said Senator Hawley.
The Aligning Incentives for Leadership, Excellence, and Advancement in Development (AI LEAD) Act classifies AI systems as products and creates a federal cause of action for products liability claims to be brought when an AI system causes harm. By doing so, the AI LEAD Act fills the regulatory void concerning AI product development, better incentivizing AI companies to design their systems with safety as a priority and not as a secondary concern after deploying the product publicly as quickly as possible.
For bill text, click here.
For a one-page summary of the bill, click here.
For a section-by-section analysis of the bill, click here.