AI System Developer

Under the colorado-ai-act-sb24-205, a developer is an entity that develops or intentionally and substantially modifies a high-risk-artificial-intelligence-system. Developers have specific obligations to prevent algorithmic-discrimination and support deployer compliance.

Key Obligations

Developers must:

• Disclosure Statements: Provide deployers with statements disclosing specified information about the high-risk system's capabilities, limitations, and risks
• Documentation: Make available information and documentation necessary for deployers to complete impact assessments
• Public Transparency: Publish statements summarizing types of high-risk systems developed and risk management approaches
• Risk Reporting: Disclose known or reasonably foreseeable risks of algorithmic discrimination to the colorado-attorney-general and known deployers within 90 days of discovery

Reasonable Care Standard

Developers must use reasonable care to protect consumers from algorithmic discrimination risks. Compliance with specified provisions creates a rebuttable presumption that reasonable care was exercised.

Relationship with Deployers

The law creates a collaborative framework where developers must provide deployers with the information and tools necessary to deploy high-risk AI systems responsibly and in compliance with the act's requirements.

California Definition

Under california-ab-2013-generative-ai-training-data-transparency, a developer is defined as "a person, partnership, state or local government agency, or corporation that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public." This definition excludes affiliates and hospital medical staff members from the "members of the public" category.

California developers of generative-ai systems must comply with comprehensive training data transparency requirements, including disclosure of dataset sources, data types, intellectual property status, and data processing methods before making systems available to Californians.