Summit Law Blog

On schedule, Washington State’s AI Task Force (“Task Force”) published its Inaugural Report (“Report”).¹ Spanning 49 pages, the Report largely reiterates familiar information, offers one policy recommendation, and leaves us with many lingering questions. Let’s dive in.

what has the task force accomplished so far?

The Report provides a timeline of events, outlining what the Task Force has accomplished in 2024. 

• June 21st -- Attorney General Bob Ferguson announced Task Force appointments.² 
• July 26th -- the Task Force held its first meeting where it "took public comments, reviewed proposed bylaws, and discussed the formation of a leadership committee to direct the Task Force's activities."³ It reviewed the eight proposed subcommittees and added three new subcommittees (Ethical & Responsible AI/AI Governance; Transportation; and Climate & Energy).⁴ Additionally, it renamed the Labor subcommittee to Labor & Employment, clarifying that this subcommittee will address issues related to AI in the workplace as well as issues related to organized labor.⁵
• August and September -- the subcommittees held their first round of meetings, where members listened to participants' input on "topics of interest and concern for the Task Force to consider."⁶
• October 29th -- the Task Force held its second meeting, where the members approved the bylaws and minutes, established a leadership committee, and reorganized and consolidated subcommittees.⁷ The Task Force combined the" Industry & Innovation and Climate & Energy subcommittees; the Government & Public Sector Efficiency and State Security & Cybersecurity subcommittees; and the Labor & Employment and Transportation subcommittees, citing "operational challenges" and "potentially duplicative or overlapping workstreams."⁸ 
• December 11th -- the Task Force released a policy recommendation addressing House Bill 1999 on AI-generated child sexual abuse material, which it voted to approve on December 16th.⁹
• December 31st -- the Task Force published the Inaugural Report.¹⁰

what did the report accomplish?

The most substantive portion of this Report comes down to the one-page policy recommendation, proposed by the Task Force, addressing AI-generated child sexual abuse material ("CSAM").

In 2024, Washington State's Legislature adopted Substitute House Bill 1999 addressing CSAM which would expand "criminal offenses prohibiting dealing in, sending, or bringing to Washington, possessing, or viewing depictions of a minor engaged in sexually explicit conduct to include fabricated depictions of an identifiable minor."¹¹

The recommendation is relatively simple -- amend the statute to remove "identifiable" from the language.¹² The Task Force explained that the inclusion of "identifiable" makes it difficult to enforce this law and therefore does not effectively protect children.¹³ This amendment would reduce law enforcement's burden in identifying real child victims and identifying whether the CSAM is authentic or fabricated, leading to more effective enforcement of this statute.¹⁴

Beyond that, the Report summarizes what the Task Force has accomplished so far, provides a broad background on AI, and outlines current state, federal, and global legislative efforts. 

what questions remain?

For us, many questions remain. The Task Force was charged with issuing a broad range of reviews and recommendations over the course of its tenure and three reports. As expected, the Inaugural Report does not substantively accomplish many of the responsibilities it was initially charged with.

The majority of the report reiterates information previously released -- how the Task Force began, who the members are, what the mission is, and what must be accomplished. With two additional reports scheduled for release before July 1, 2026, we are eager to see whether some of these questions will be addressed: 

Is the Task Force's first policy recommendation setting the tone for what is to come? 

The initial policy recommendation is relatively simple, practical, and effective. This approach may signal that the Task Force is looking at incremental but impactful adjustments to existing policies. However, it could also indicate the Task Force is just getting started. We will be looking to see if the Task Force will continue its targeted approach or if it is working toward broader and more ambitious recommendations. 

Will the Task Force propose new approaches or adopt existing ones?

The report on current state, federal, and global efforts highlights that there are many approaches to AI. The Task Force must conduct a thorough and deliberate review of existing approaches in addition to a review of Washington State's specific needs as it works on developing guiding principles, defining ethical AI, and providing recommendations. We will look to see if the Task Force builds on frameworks that have been implemented in other jurisdictions, or if it will introduce innovative solutions that are specific to the needs of Washington State. 

How will each subcommittee address their specific focus areas?

Each subcommittee is addressing specific areas of concern. For example, Education & Workforce is looking at AI in education and in schools, while Labor & Employment/Transportation is looking at AI impacts on workers and employment, including the specific impacts within the transportation industry.¹⁵ We will be paying attention to how each subcommittee proposes solutions, how they affect recommendations, and how these recommendations fit together more broadly. 

What insights will the Business Advisory Group offer?

The Business Advisory Group is tasked with providing updates to the Task Force on "practical considerations, challenges, opportunities, needs, and concerns for Washington businesses of different sizes and across industries in developing, deploying, and using AI."¹⁶ This group may serve as an avenue for businesses, not directly represented by a subcommittee, to share their input. We are curious to see what businesses participate, hear what the different perspectives may entail, and see how they will be incorporated into broader guidance. 

Will underrepresented and vulnerable groups be fairly represented? 

The Task Force must address issues related to discrimination, bias, equity, and civil liberties. While the Legislature did not formally include Tribes in this Task Force, we note that AGO Tribal Liaison, Asa Washines, is collaborating with the Task Force to lead engagement for a Tribal Advisory Group. We will be looking to see what other groups are included and whether any remain overlooked. 

The next report is due December 1, 2025. We anticipate that the Task Force will continue to release interim recommendations. We will continue to follow and report on developments. In the meantime, feel free to contact our team with any questions. 

Future Scheduled Meetings

There are no meetings scheduled at the time this blog post was published. If you would like to participate in the Task Force, you can submit written comments at any time by e-mailing AI@atg.wa.gov. You can also provide public comments for a meeting by e-mailing AI@atg.wa.gov at least 24 hours prior to the meeting.

[1] Wash. State Att’y Gen. Off., Inaugural Report of the Washington State Artificial Intelligence Task Force (2024).

[2] Id. at 12.

[3] Id.

[4] Id.

[5] Id.

[6] Id.

[7] Id. at 12-13.

[8] Id. at 13.

[9] E-mail from Ellen M. Austin Hall, Senior Policy and External Affairs Manager, Office of Washington State Attorney General Bob Ferguson, to author (Dec. 11, 2024, 9:12 PST) (on file with author); Wash. State Att’y Gen. Off., supra note 1, at 28.

[10] E-mail from Ellen M. Austin Hall, Senior Policy and External Affairs Manager, Office of Washington State Attorney General Bob Ferguson, to author (Dec. 31, 2024, 10:25 PST) (on file with author).

[11] Wash. State Att’y Gen. Off., supra note 1, at 15.

[12] Id.

[13] Id.

[14] Id.

[15] Id. at 17.

[14] Id. at 14.