AI is the stuff headlines are made of, including issues of regulation, ethics, technological breakthroughs, and cautionary tales. It is a subject of great debate – but what is indisputable is its presence and growing integration in business operations as well as daily life. For business owners and employers, this means more AI-generated business documents, media and communications, as well as safety and security tools. Hawaii has started to enact laws on AI use, mostly focused on consumer protection. For example, Hawaii has banned the use of AI to create deepfakes, or realistic imitations of real people without their consent, to advertise, cause emotional or reputational harm, or commit crimes. Parody, satire, politically expressive, or factual uses – such as news reporting or documentary purposes – are exempt.
Using AI does not take precedence over Hawaii laws that employers or employees are subject to: There is no defense that “the AI made me do it.” For example, beware of:
Nationwide regulation of AI, and whether or not federal laws might preempt state laws, have yet to be resolved.