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HOUSE BILL NO. 306
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-THIRD LEGISLATURE - SECOND SESSION
BY THE HOUSE STATE AFFAIRS COMMITTEE BY REQUEST
Introduced: 2/2/24
Referred: State Affairs, Judiciary
A BILL
FOR AN ACT ENTITLED
"An Act relating to artificial intelligence; requiring disclosure of deepfakes in campaign 1
communications; relating to cybersecurity; and relating to data privacy." 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
* Section 1. AS 15.13 is amended by adding a new section to read: 4
Sec. 15.13.093. Deepfake disclosure statement. (a) If a person knows or 5
reasonably should know that a communication includes a deepfake depicting a 6
candidate or political party in a manner intended to injure the reputation of the 7
candidate or party or otherwise deceive a voter, the person shall include the following 8
statement with the communication: "This communication has been manipulated or 9
generated by artificial intelligence." In a communication that includes an audio 10
component, the statement must be read in a manner that is easily heard. If the 11
communication includes a print or video component, the statement must be placed in 12
the communication so the statement is easily discernible, and, for a broadcast, cable, 13
satellite, Internet, or other digital communication, the statement must remain onscreen 14 33-LS1250\A
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throughout the entirety of the communication. 1
(b) In this section, "deepfake" means an image, audio recording, or video 2
recording of an individual's appearance, conduct, or spoken words that has been 3
created or manipulated with machine learning, natural language processing, or another 4
computational processing technique of similar or greater complexity in a manner to 5
create a realistic but false image, audio, or video that 6
(1) appears to a reasonable person to depict a real individual saying or 7
doing something that did not actually occur; or 8
(2) provides a fundamentally different understanding or impression of 9
an individual's appearance, conduct, or spoken words than the understanding a 10
reasonable person would have from an unaltered, original version of the media. 11
* Sec. 2. AS 44.99 is amended by adding new sections to read: 12
Article 7. Use by State Agencies of Artificial Intelligence and Data about Individuals. 13
Sec. 44.99.700. Inventory. (a) Every two years, the department shall conduct 14
an inventory of all systems used by state agencies that employ artificial intelligence 15
for consequential decisions. Each state agency shall assist the department as necessary. 16
An inventory must include, at a minimum, the following information for each system: 17
(1) the name of the system; 18
(2) the vendor that provides the system, if any; 19
(3) a description of the general capabilities and uses of the system; and 20
(4) whether the state agency completed an impact assessment of the 21
system under AS 44.99.710 before the system's implementation. 22
(b) Upon completion, the department shall publish each inventory on the 23
department's Internet website. 24
Sec. 44.99.710. Impact assessments. (a) At least once every two years, the 25
head of a state agency that uses a system that employs artificial intelligence for 26
consequential decisions shall conduct an impact assessment of the system. An impact 27
assessment must include, at a minimum, an analysis of 28
(1) the efficacy of the system; 29
(2) the human oversight involved in the system; 30
(3) the accountability mechanisms in place for the system;
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(4) the process by which an individual may appeal a decision made or 1
facilitated by the system; 2
(5) the current and potential benefits, liability, and risks to the state 3
from the system, including risks related to cybersecurity and intellectual property and 4
any measures used to mitigate liability and risks; 5
(6) the current and potential effects of the system on the liberty, 6
finances, livelihood, and privacy interests of individuals in the state, including effects 7
from any use of geolocation data by the system; 8
(7) any unlawful discrimination against or unlawful disparate impact 9
on an individual or a group of individuals that has resulted or may result from the 10
system; and 11
(8) the policies and procedures that govern the process of using the 12
system for consequential decisions. 13
(b) Upon completion, the state agency that conducts the impact assessment 14
shall provide the assessment to the department. Upon receiving an assessment, the 15
department shall publish the assessment on the department's Internet website. 16
Sec. 44.99.720. Requirements for use of artificial intelligence by state 17
agencies. (a) A state agency that uses a system that employs artificial intelligence for 18
consequential decisions shall 19
(1) notify each individual who may be legally or significantly affected 20
by the use of the system; 21
(2) obtain an individual's consent before soliciting or acquiring 22
sensitive personal data about the individual that will be used by the system; 23
(3) provide an appeals process that includes manual human review for 24
an individual who is legally or significantly affected by the use of the system; and 25
(4) inform a prospective employee of the state agency about any video 26
interview that involves the use of artificial intelligence and obtain the prospective 27
employee's consent before employing artificial intelligence. 28
(b) A state agency may not use a system that employs artificial intelligence for 29
consequential decisions if the system involves 30
(1) biometric identification, including facial recognition; 31 33-LS1250\A
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(2) emotion recognition; 1
(3) cognitive behavioral manipulation of individuals or groups; or 2
(4) social scoring. 3
(c) A state agency may not use a system that employs artificial intelligence for 4
consequential decisions if the system uses data hosted in 5
(1) the People's Republic of China, including the Hong Kong Special 6
Administrative Region and Macao Special Administrative Region; 7
(2) the Republic of Cuba; 8
(3) the Islamic Republic of Iran; 9
(4) the Democratic People's Republic of Korea; 10
(5) the Russian Federation; or 11
(6) the Bolivarian Republic of Venezuela under the regime of Nicolás 12
Maduro Moros. 13
(d) A state agency may contract with a person for a system that employs 14
artificial intelligence for consequential decisions only if the person has implemented 15
multi-factor authentication to secure the system and data stored by the system. 16
Sec. 44.99.730. Transfer of data between state agencies. Unless required by 17
law, a state agency may not transfer data about an individual to another state agency 18
without the individual's consent. 19
Sec. 44.99.740. Regulations. (a) The department shall adopt regulations under 20
AS 44.62 (Administrative Procedure Act) concerning the development, procurement, 21
implementation, use, and ongoing assessment of systems that employ artificial 22
intelligence by state agencies for consequential decisions. The regulations must 23
include, at a minimum, provisions that 24
(1) govern the procurement, implementation, and ongoing assessment 25
of each system; 26
(2) require a state agency to conduct an impact assessment of each 27
system under AS 44.99.710 before its implementation; 28
(3) ensure that a system does not result in unlawful discrimination or 29
an unlawful disparate impact on an individual or a group of individuals; and 30
(4) provide for the ongoing assessment of each system. 31 33-LS1250\A
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(b) The department may adopt additional regulations under AS 44.62 1
(Administrative Procedure Act) necessary to implement AS 44.99.700 - 44.99.730. 2
Sec. 44.99.750. Civil liability for harm. (a) An individual who suffers harm 3
as a result of a violation of AS 44.99.700 - 44.99.730, a violation of a regulation 4
adopted under AS 44.99.740, or gross negligence or reckless or intentional misconduct 5
relating to the use of artificial intelligence by a state agency or state employee may 6
bring a civil action in the superior court against the state or state employee. 7
(b) An individual who suffers harm under (a) of this section may recover 8
damages for the harm to the individual, punitive damages under AS 09.17.020, and 9
full reasonable attorney fees and costs in a civil action brought under this section. 10
Sec. 44.99.760. Definitions. In AS 44.99.700 - 44.99.760, 11
(1) "artificial intelligence" means an automated system that uses data 12
input, human-defined objectives, and machine learning, natural language processing, 13
or other computational processing techniques of similar or greater complexity to make 14
a decision or facilitate human decision making; 15
(2) "biometric identification" means the analysis of an individual's 16
physical or behavioral characteristics to uniquely identify the individual; 17
(3) "cognitive behavioral manipulation" means the use of a subliminal 18
technique for the purpose of influencing an individual's behavior to achieve a desired 19
outcome; 20
(4) "consequential decision" means a conclusion, decision, or 21
judgment by a state agency that can have a legal or significant effect on an individual; 22
(5) "department" means the Department of Administration; 23
(6) "emotion recognition" means the analysis of an individual's bodily 24
expressions, including facial and verbal expressions, to identify or predict the 25
individual's emotions; 26
(7) "individual" means a natural person; 27
(8) "sensitive personal data" means 28
(A) data that reveals an individual's racial or ethnic origin, 29
political opinions, or religious or philosophical beliefs; 30
(B) an individual's genetic data; 31 33-LS1250\A
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(C) an individual's biometric data when used for biometric 1
identification; or 2
(D) an individual's geolocation data; 3
(9) "social scoring" means evaluating, classifying, rating, or scoring 4
the trustworthiness or social standing of an individual based on behavior or 5
socioeconomic, political, or religious status; 6
(10) "state agency" means the University of Alaska, a public 7
corporation of the state, or a department, institution, board, commission, division, 8
authority, committee, or other administrative unit of the executive branch of state 9
government. 10