SB 177 — An Act relating to artificial intelligence; requiring disclosure of deepfakes in campaign communications; relating to cybersecurity; and relating to data privacy.

33-LS1061\Y33-LS1061\B CS FOR SENATE BILL NO.

177(STA)177 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THESENATOR SENATEHUGHES STATEIntroduced: AFFAIRS COMMITTEE Referred:

Judiciary,1/16/24 FinanceReferred: Sponsor(s):

SENATORState HUGHESAffairs, Judiciary A BILL FOR AN ACT ENTITLED "An Act relating to disclosureartificial ofintelligence; election-related deepfakes;

relatingrequiring todisclosure use of artificialdeepfakes intelligencein bycampaign statecommunications; agencies;

and relating to transfercybersecurity; of data about individuals between state agencies." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

and relating to data privacy." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:

AS 15.8015.13 is amended by adding a new section to read:

15.80.009.15.13.093.

Deepfake disclosure requirement.statement.

(a) AIf a person mayknows not make or retainreasonably theshould servicesknow ofthat anothera tocommunication makeincludes ana election-relateddeepfake communicationdepicting thata thecandidate person knows or reasonablypolitical shouldparty knowin includes a deepfakemanner relatingintended to ainjure the reputation of the candidate or propositionparty withoutor includingotherwise deceive a voter, the followingperson disclosureshall include the following statement with the election-related communication:

"This communication has been manipulated or generated by artificial intelligenceintelligence." orIn bya another means." If the election-related communication that includes aan printaudio or video component, the statement must be placedread in thea election-relatedmanner communicationthat so the statement is easily discernible,heard. and, for a broadcast, cable, satellite, Internet, or other digital communication, the statement must SB0177B -1- CSSB 177(STA) New Text Underlined [DELETED TEXT BRACKETED] 33-LS1061\Y remain onscreen throughout the entirety of the election-related communication.

InIf anthe election-related communication thatincludes consistsa onlyprint ofor audio,video component, the statement must be readplaced (1)in at the beginningcommunication ofso the audio,statement atis theeasily enddiscernible, ofand, thefor audio,a and,broadcast, ifcable, satellite, Internet, or other digital communication, the audiostatement ismust longerremain thanonscreen twoSB0177A minutes-1- inSB duration,177 atNew leastText onceUnderlined every[DELETED twoTEXT minutesBRACKETED] during33-LS1061\B throughout the audio;entirety of the communication.

and(b) (2)In this section, "deepfake" means an image, audio recording, or video recording of an individual's appearance, conduct, or spoken words that has been created or manipulated with machine learning, natural language processing, or another computational processing technique of similar or greater complexity in a manner to create a realistic but false image, audio, or video that is(1) easilyappears heard.to a reasonable person to depict a real individual saying or doing something that did not actually occur;

(b)or A(2) personprovides maya notfundamentally removedifferent theunderstanding disclosureor statementimpression describedof inan (a)individual's ofappearance, thisconduct, sectionor fromspoken anwords election-relatedthan communicationthe thatunderstanding thea reasonable person knowswould orhave reasonablyfrom shouldan knowunaltered, includesoriginal aversion deepfake.of the media.

(c) A person who violates (a) or (b) of this section is liable to a candidate or proposition group for damages suffered as a result of the violation, full reasonable attorney fees, and costs.

(d) A candidate or proposition group suffering damages as a result of an election-related communication made in violation of (a) of this section, or the removal of the disclosure statement from an election-related communication in violation of (b) of this section, may bring an action for damages under (c) of this section, or for injunctive relief to prohibit dissemination of the election-related communication.

(e) This section does not apply to (1) a deepfake that constitutes satire or parody;

(2) a deepfake broadcast by a radio, television, cable, or satellite provider as part of a newscast, news interview, news documentary, or on-the-spot coverage of a news event, if the broadcast clearly acknowledges, through content or disclosure, in a manner easily heard or read by the average listener or viewer, that there are questions about the authenticity of the deepfake;

(3) a person who is paid to broadcast an election-related communication made by another person.

(f) In this section, (1) "deepfake" means an image, audio recording, or video recording of an individual's appearance, conduct, or spoken words that has been created or manipulated with machine learning, natural language processing, or another computational processing technique in a manner to create a realistic but false image, CSSB 177(STA) -2- SB0177B New Text Underlined [DELETED TEXT BRACKETED] 33-LS1061\Y audio, or video that (A) appears to a reasonable person to depict a real individual saying or doing something that did not actually occur;

or (B) provides a fundamentally different understanding or impression of an individual's appearance, conduct, or spoken words than the understanding a reasonable person would have from an unaltered, original version of the media;

(2) "election-related communication" means a communication that (A) directly or indirectly identifies a candidate or proposition;

and (B) is disseminated to an audience that includes voters who will have the opportunity to vote on the candidate or proposition identified in the communication;

(3) "proposition" has the meaning given in AS 15.13.065(c);

(4) "proposition group" means a person registered with the Alaska Public Offices Commission to make expenditures in support of or in opposition to a proposition under AS 15.13.050.

(a) Every two years, the department shall conduct an inventory of all systems used by state agencies that employ generative artificial intelligence for consequential decisions.

and (4) whether the state agency completed an impact assessment of the system under AS 44.99.710 before the system's implementation;implementation.

and(b) (5)Upon thecompletion, date of completion of the mostdepartment recentshall statepublish agencyeach impactinventory assessmenton of the systemdepartment's underInternet ASwebsite. 44.99.710.

SB0177B -3- CSSB 177(STA) New Text Underlined [DELETED TEXT BRACKETED] 33-LS1061\Y (b) The department shall remove from the inventory a system that is no longer used by a state agency.

(c) The department shall publish each inventory on the department's Internet website, except as provided in AS 44.99.760.

(a) At least once every two years, the head of a state agency that uses a system that employs generative artificial intelligence for consequential decisions shall conduct an impact assessment of the system,system. except as provided in AS 44.99.760.

SB 177 -2- SB0177A New Text Underlined [DELETED TEXT BRACKETED] 33-LS1061\B (4) the process by which an individual may appeal a decision made or facilitated by the system;

(b) AUpon completion, the state agency that completesconducts anthe impact assessment shall provide the assessment to the department,department. and the head of the agency shall consult with the commissioner of administration to determine future use of the system by the agency.

Upon receiving an assessment, the department shall publish the assessment on the department's Internet website.

(a) ExceptA as provided in AS 44.99.760, a state agency that uses a system that employs generative artificial intelligence for consequential decisions shall CSSB 177(STA) -4- SB0177B New Text Underlined [DELETED TEXT BRACKETED] 33-LS1061\Y (1) notify each individual who may be legally or significantly affected by the use of the system;

(2) obtain an individual's consent before soliciting or acquiring sensitive personal data from or about the individual that will be used by the system;

and (4) inform a prospective employee of the state agency about any video interview that involves the use of generative artificial intelligence and obtain the prospective employee's consent before employing generative artificial intelligence.

SB0177A -3- SB 177 New Text Underlined [DELETED TEXT BRACKETED] 33-LS1061\B (2) emotion recognition;

(c) A state agency may not use a system that employs artificial intelligence for consequential decisions if the system uses data hosted in a(1) countrythe designatedPeople's byRepublic regulationof asChina, aincluding foreignthe adversary.Hong Kong Special Administrative Region and Macao Special Administrative Region;