Massachusetts law about artificial intelligence

Laws, regulations, cases, and web sources on artificial intelligence (AI).

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Definitions

Artificial Intelligence (AI) is the ability of a computer or algorithm to imitate intelligent human behavior.

Generative AI is artificial intelligence that is capable of creating new content (including but not limited to text, images, other multimedia) in response to a question or prompt by learning from a large set of examples.

Government-issued guidance

Advisory on the application of the commonwealth’s consumer protection, civil rights, and data privacy laws to artificial intelligence, Mass. Attorney General's Office, April 16, 2024.

Bulletin 2024-10: The use of artificial intelligence systems in insurance, Mass. Division of Insurance, December 9, 2024.

Enterprise use and development of generative artificial intelligence policy, Executive Office of Technology Services and Security (EOTSS).
"This Policy is intended to establish minimum requirements for the development and use of generative AI by Commonwealth Agencies and Offices. The goal of this Policy is to foster public trust, support business outcomes, and ensure the ethical, transparent, and accountable development and implementation of generative AI technology by Commonwealth Agencies and Offices..."

Massachusetts guidance for artificial intelligence in K-12 education, Mass. Department of Elementary and Secondary Education.
"[D]esigned to support district leaders in creating and refining implementation guidance as well as creating or refining AI-related policies." For more information: Artificial Intelligence (AI) in K12 Schools.

Massachusetts laws

MGL c. 265, § 43A Criminal harassment; punishment
Using computer-generated images for the purpose of harassment ("revenge porn") is prohibited.

Visit the General Court's website for proposed legislation (bills) on AI submitted during the current and past legislative sessions.

Other states

Artificial intelligence 2025 legislation, National Conference of State Legislatures.
A table of AI-related legislation proposed in all 50 states during 2025. Includes bill numbers and titles, bill summaries, and the status of each bill.

Federal laws

15 U.S.C. §§ 9401-9462 National Artificial Intelligence Initiative Act of 2020

42 U.S.C. §§ 18901-19351 The CHIPS and Science Act of 2022

Case law

DAIL – the Database of AI Litigation, George Washington University Center for Law and Technology.
"This database ... presents information about ongoing and completed litigation involving artificial intelligence, including machine learning. It covers cases from complaint forward – as soon as we learn of them – whether or not they generate published decisions. It is intended to be broad in scope, covering everything from algorithms used in hiring and credit and criminal sentencing decisions to liability for accidents involving autonomous vehicles."

Hallucinations in court filings

Dastou v. Holmes, Middlesex Superior Court Civil Action No. 2381CV02212 (2025)
A lawyer who submitted court filings that included hallucinated fictitious legal authorities explained that she was not familiar with the risks of using AI tools. The court imposed sanctions, including mandatory legal education training. "By submitting motions and briefs that contain hallucinations and misstatements of the law, the lawyer violates their professional obligations. If a lawyer uses generative technology, they may not blame errors in their work product on the technology. Any document filed with the court must be thoroughly reviewed to ensure accuracy and the protection of client interests."

Smith v. Farwell, Suffolk Superior Court Civil Action No. 2282CV01197 (2024) 
Use of AI and obligation to know. When fictitious legal authorities were found in court filings, the attorney explained that they were unaware that staff had used AI tools for legal research. “It is imperative that all attorneys practicing in the courts of this Commonwealth understand that they are obligated under Mass. Rule Civ. P. 11 and 7 to know whether AI technology is being used in the preparation of court papers that they plan to file in their cases and, if it is, to ensure that appropriate steps are being taken to verify the truthfulness and accuracy of any AI-generated content.”

Web sources

General

Artificial intelligence, National Institute of Standards and Technology.
Includes resources on various AI-related topics, such as Congressional Mandates & Executive Orders, AI research, AI standards, and more.

Courts and legal profession

AI and attorney ethics rules: 50-state survey, Justia.
A 50-state survey tracking attorney ethics guidance involving AI issued by state government and bar associations.

Artificial intelligence, National Center for State Courts.
A collection of articles, guidance documents, and webinars covering the topic of AI and the courts. Resources include:

• AI & the courts: Judicial and legal ethics issues
• Guidance for implementing AI in courts
• Guidance for use of AI and generative AI in courts

An introduction to artificial intelligence for federal judges, Federal Judicial Center.
Answers important questions every judge should ask about AI.

Generative artificial intelligence tools: Formal opinion 512, American Bar Association (July 19, 2024)
"To ensure clients are protected, lawyers using generative artificial intelligence tools must fully consider their applicable ethical obligations, including their duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees."

Two years of fake cases and the courts are ratcheting up the sanctions by Heather L. LaVigne, Mass. Board of Bar Overseers, 2025.

The Wild West of artificial intelligence: Ethical considerations for the use of A.I. in the practice of law by Afton Pavletic, Mass. Board of Bar Overseers, 2024. 
Reviews the definition of AI and the pertinent rules of professional conduct.

Local government

AI in local government: How counties & cities are advancing AI governance, Center For Democracy & Technology, April 15, 2025.
Overview of how local governments across the U.S. are regulating AI. Includes links to sample policies, and trends in local AI guidance.

Interim guidelines for using generative AI, City of Boston, May 18, 2023.
Guidelines for all city agencies and departments, with the exception of Boston Public Schools.

Print sources

Artificial intelligence law and regulation in a nutshell by Jon M. Garon, West Academic, 2025.

Artificial intelligence: Legal issues, policy, and practical strategies, ABA, 2024. (eBook available with library card).

Artificial intelligence: Law & litigation by Mark S. Davies, LexisNexis, 2025.

A short & happy guide to artificial intelligence for lawyers by James M. Cooper, West Academic, 2025.

Regulatory challenges of AI governance in the era of ChatGPT by Toriqul Islam, Wolters Kluwer, 2025.

Last updated:	September 10, 2025