Oct 5, 2026
Colorado Blinked
America's first broad AI law was signed, delayed, sued, frozen by a federal court, and then repealed. It never spent a single day in force. When Colorado swapped its 2024 AI Act for SB 26-189 this May, plenty of executives breathed a sigh of relief. I think that's a mistake. Colorado didn't lower the bar. It moved it. The old law asked you to prove your process. The new one asks you to justify your outcomes, one person at a time.
I walk through the whole saga:
- the governor signing "with reservations"
- the special-session delay
- xAI's lawsuit, with the U.S. Department of Justice joining on xAI's side
- a federal court freezing the law at the request of both sides, Colorado's own attorney general included
- the rewrite
Then I get into what survived. Starting January 1, 2027, if AI materially influences a decision about someone's job, housing, loan, insurance, health care, or education, you owe them notice, a plain-language explanation after a bad outcome, a chance to fix their data, and meaningful human review. A reviewer who simply defaults to the system's output doesn't count. I connect that to something I'm watching right now in AI coding: people rubber-stamping agent decisions they don't understand, until the agent deletes the database.
Finally, the Monday-morning version, which works in any state:
- inventory every AI-assisted decision about people
- run the Explain-It Test on each one
- measure your reviewers' override rate
- get your vendors to commit, in writing, to explaining individual decisions
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