Massachusetts

AI Policy Overview

Massachusetts lawmakers have yet to prioritize artificial intelligence policies broadly. However, lawmakers enacted a law in 2020 that governs law enforcement’s use of facial recognition technology. 

Governor Healy (D) issued an executive order on Feb. 15, 2024, that establishes the Artificial Intelligence Strategic Task Force to study AI and Generative AI technology and its impact on the state, including businesses and higher education institutions. The Task Force will begian its work in February and presents final recommendations to the governor later in 2024.

Members of AI Strategic Task Force:

  • Secretary Yvonne Hao, EOED (Co-Chair) 

  • Secretary Jason Snyder, EOTSS (Co-Chair) 

  • Mike Milligan, Vice President and Chief Information Officer, University of Massachusetts (Co-Chair) 

  • Santiago Garces, Chief Information Officer, City of Boston (Co-Chair) 

  • Erica Bradshaw, Chief Technology Officer, Harvard 

  • Representative Tricia Farley-Bouvier, Massachusetts House of Representatives 

  • Usama Fayyad, Professor and Executive Director, Institute for Experiential AI, Northeastern 

  • Patricia Geli, Co-founder, C10 Labs/MIT 

  • Segun Idowu, Chief of Economic Opportunity and Inclusion, City of Boston 

  • Dr. Robert Johnson, President, Western New England University 

  • Meghan Joyce, CEO and Founder, Duckbill 

  • Chrissy Lynch, President, AFL-CIO

  • Patrick Larkin, Deputy Director, Massachusetts Technology Collaborative 

  • Jeffrey Leiden, Executive Chairman, Vertex Pharmaceuticals 

  • Spyros Matsoukas, Vice President and Distinguished Scientist of AI, Amazon 

  • Vipin Mayar, Executive Vice President, Head of AI Innovation, Fidelity 

  • Sears Merritt, Head of Enterprise Technology and Experience, MassMutual 

  • Armen Mkrtchyan, Origination Partner, Flagship Pioneering 

  • Senator Michael Moore, Massachusetts Senate 

  • Jane Moran, Chief Information and Digital Officer, Mass General Brigham 

  • Ed Park, Co-Founder and CEO, Devoted Health 

  • Rudina Seseri, Founder and Managing Partner, Glasswing 

  • Soundar Srinivasan, Director, AI Program, Microsoft New England 

  • Fernanda Viegas, Principal Scientist and Co-Lead of People + AI Research (PAIR), Google 

  • Grace Wang, President, Worcester Polytechnic Institute  

  • Jeremy Wertheimer, Visiting Scientist, Broad Institute of MIT and Harvard

The governor also announced in Feb. 2024 that she will propose using  $100 million in upcoming economic development legislation to create an Applied AI Hub.

Consumer Protections

In April 2024, the Massachusetts Attorney General’s office issued a legal advisory indicating that consumer protection laws apply to the developers, suppliers, and users of AI technology. The advisory stresses that it is unfair or deceptive to falsely advertise the quality of AI systems, supply an AI system that is defective, unusable, or impractical for the purpose advertised, or misrepresent the performance of the system. The advisory also warns that using deepfake audio or video content for the purpose of deceiving another can constitute fraud.

Deepfakes

In 2024, Massachusetts enacted a sexual deepfakes law (MA H 4744) that makes it a crime to distribute visual material, including material produced by digitization, depicting another person nude or in sexual conduct that causes distress with the intent or with reckless disregard of harm and without consent.

Facial Recognition

In 2020, the Massachusetts legislature enacted a law (MA SB 2963) governing law enforcement's use of facial recognition technology. The law requires that law enforcement agencies seeking to use facial recognition technology submit a written request to the registrar of motor vehicles, the department of state police, or the FBI. The law also provides that facial recognition technology to execute a court order, identify a deceased individual, or if a law enforcement agency believes that an emergency involving substantial risk of harm to any individual or group of people requires the performance of a facial recognition search.

Legislative & Regulatory History

  • 2024 - Massachusetts enacted MA H 4744, which makes it a crime to distribute visual material, including material produced by digitization, depicting another person nude or in sexual conduct that causes distress with the intent or with reckless disregard of harm and without consent.

  • 2024 - The Office of the Attorney General issued an Advisory on Apr. 16, 2024, indicating that consumer protection laws apply to the developers, suppliers, and users of AI technology.

  • 2024 - Gov. Healy issued Executive Order No. 629 on Feb. 15, 2024, establishing the Artificial Intelligence Strategic Task Force to study AI and Generative AI technology and its impact on the state, including businesses and higher education institutions.

  • 2020 - Massachusetts enacted MA SB 2963, which governs law enforcement’s use of facial recognition technology.