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Generative AI. Credit: Nataliia / Adobe Stock A new wave is rising from courts across the country as plaintiffs have started weaponizing decades-old wiretapping statutes against modern artificial intelligence (AI) programs and tools. These emerging cases span from notetaking software to customer service chatbots and allege that these AI programs act as unauthorized “eavesdroppers” when they intercept, record, and use conversational data without consent.
On May 14, 2026, Colorado Governor Jared Polis signed SB 26-189 into law, which repeals and reenacts the Colorado Artificial Intelligence Act (“CAIA” or “SB 24-205”) and substantially alters the obligations of employers using AI to make employment-related decisions. This law marks a shift in regulating high-risk artificial intelligence and automated decision-making technology (“ADMT”). SB 26-189 becomes effective on January 1, 2027.
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