2-10-203. Definitions. As used in this part, the following definitions apply:

(1) "Artificial intelligence system" means any machine learning-based system that, for any explicit or implicit objective, infers from the inputs the system receives how to generate outputs, including but not limited to content, decisions, predictions, and recommendations that can influence physical or virtual environments.

(2) "Compelling government interest" means a government interest of the highest order in protecting the public that cannot be achieved through less restrictive means. This includes but is not limited to:

(a) ensuring that a critical infrastructure facility controlled by an artificial intelligence system develops a risk management policy;

(b) addressing conduct that deceives or defrauds the public;

(c) protecting individuals, especially minors, from harm by a person who distributes deepfakes and other harmful synthetic content with actual knowledge of the nature of that material; and

(d) taking actions that prevent or abate common law nuisances created by physical datacenter infrastructure.

(3) "Computational resources" means any tools, technologies, systems, or infrastructure, whether digital, analog, existing, or some other form, that facilitate any form of computation, data processing, storage, transmission, manipulation, control, creation, dissemination, or use of information and data. This includes but is not limited to hardware, software, algorithms, sensors, networks, protocols, platforms, services, systems, cryptography, machine learning, or quantum applications.

(4) (a) "Critical artificial intelligence" means an artificial intelligence system that is designed and deployed to make, or is a substantial factor in making, a consequential decision.

(b) The term does not include:

(i) an artificial intelligence system that is intended to:

(A) perform a narrow procedural task;

(B) improve the result of a previously completed human activity;

(C) perform a preparatory task to an assessment relevant to a consequential decision; or

(D) detect a decision-making pattern or a deviation from a preexisting decision-making pattern;

(ii) antifraud, antimalware, antivirus, calculator, cybersecurity, database, data storage, firewall, internet domain registration, internet-website loading, networking, robocall-filtering, spam-filtering, spell-checking, spreadsheet, web-caching, web-hosting, or search engine technologies or similar technologies; or

(iii) a technology that communicates in natural language for the purpose of providing users with information, makes referrals or recommendations, answers questions, or generates other content and that is subject to an acceptable use policy that prohibits the generation of unlawful content.

(5) "Critical infrastructure facility" has the same meaning as provided in 82-1-601.

(6) "Deployer" means an individual, company, or other organization that utilizes an artificial intelligence system.

(7) "Government actions" means any law, ordinance, regulation, rule, policy, condition, test, permit, or administrative practice enacted by a government entity that restricts the common or intended use of computational resources by its owner or invitees.

(8) "Government entity" means any unit of state government, including the state, counties, cities, towns, or political subdivisions, and any branch, department, division, office, or government entity of state or local government.