Alaska 2023-2024 Regular Session

Alaska House Bill HB306 Compare Versions

Only one version of the bill is available at this time.

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2	2	HB0306a -1- HB 306
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11	11	HOUSE BILL NO. 306
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13	13	IN THE LEGISLATURE OF THE STATE OF ALASKA
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15	15	THIRTY-THIRD LEGISLATURE - SECOND SESSION
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17	17	BY THE HOUSE STATE AFFAIRS COMMITTEE BY REQUEST
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19	19	Introduced: 2/2/24
20	20	Referred: State Affairs, Judiciary
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23	23	A BILL
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25	25	FOR AN ACT ENTITLED
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27	27	"An Act relating to artificial intelligence; requiring disclosure of deepfakes in campaign 1
28	28	communications; relating to cybersecurity; and relating to data privacy." 2
29	29	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3
30	30	* Section 1. AS 15.13 is amended by adding a new section to read: 4
31	31	Sec. 15.13.093. Deepfake disclosure statement. (a) If a person knows or 5
32	32	reasonably should know that a communication includes a deepfake depicting a 6
33	33	candidate or political party in a manner intended to injure the reputation of the 7
34	34	candidate or party or otherwise deceive a voter, the person shall include the following 8
35	35	statement with the communication: "This communication has been manipulated or 9
36	36	generated by artificial intelligence." In a communication that includes an audio 10
37	37	component, the statement must be read in a manner that is easily heard. If the 11
38	38	communication includes a print or video component, the statement must be placed in 12
39	39	the communication so the statement is easily discernible, and, for a broadcast, cable, 13
40	40	satellite, Internet, or other digital communication, the statement must remain onscreen 14 33-LS1250\A
41	41	HB 306 -2- HB0306a
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44	44	throughout the entirety of the communication. 1
45	45	(b) In this section, "deepfake" means an image, audio recording, or video 2
46	46	recording of an individual's appearance, conduct, or spoken words that has been 3
47	47	created or manipulated with machine learning, natural language processing, or another 4
48	48	computational processing technique of similar or greater complexity in a manner to 5
49	49	create a realistic but false image, audio, or video that 6
50	50	(1) appears to a reasonable person to depict a real individual saying or 7
51	51	doing something that did not actually occur; or 8
52	52	(2) provides a fundamentally different understanding or impression of 9
53	53	an individual's appearance, conduct, or spoken words than the understanding a 10
54	54	reasonable person would have from an unaltered, original version of the media. 11
55	55	* Sec. 2. AS 44.99 is amended by adding new sections to read: 12
56	56	Article 7. Use by State Agencies of Artificial Intelligence and Data about Individuals. 13
57	57	Sec. 44.99.700. Inventory. (a) Every two years, the department shall conduct 14
58	58	an inventory of all systems used by state agencies that employ artificial intelligence 15
59	59	for consequential decisions. Each state agency shall assist the department as necessary. 16
60	60	An inventory must include, at a minimum, the following information for each system: 17
61	61	(1) the name of the system; 18
62	62	(2) the vendor that provides the system, if any; 19
63	63	(3) a description of the general capabilities and uses of the system; and 20
64	64	(4) whether the state agency completed an impact assessment of the 21
65	65	system under AS 44.99.710 before the system's implementation. 22
66	66	(b) Upon completion, the department shall publish each inventory on the 23
67	67	department's Internet website. 24
68	68	Sec. 44.99.710. Impact assessments. (a) At least once every two years, the 25
69	69	head of a state agency that uses a system that employs artificial intelligence for 26
70	70	consequential decisions shall conduct an impact assessment of the system. An impact 27
71	71	assessment must include, at a minimum, an analysis of 28
72	72	(1) the efficacy of the system; 29
73	73	(2) the human oversight involved in the system; 30
74	74	(3) the accountability mechanisms in place for the system;
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76	76	HB0306a -3- HB 306
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79	79	(4) the process by which an individual may appeal a decision made or 1
80	80	facilitated by the system; 2
81	81	(5) the current and potential benefits, liability, and risks to the state 3
82	82	from the system, including risks related to cybersecurity and intellectual property and 4
83	83	any measures used to mitigate liability and risks; 5
84	84	(6) the current and potential effects of the system on the liberty, 6
85	85	finances, livelihood, and privacy interests of individuals in the state, including effects 7
86	86	from any use of geolocation data by the system; 8
87	87	(7) any unlawful discrimination against or unlawful disparate impact 9
88	88	on an individual or a group of individuals that has resulted or may result from the 10
89	89	system; and 11
90	90	(8) the policies and procedures that govern the process of using the 12
91	91	system for consequential decisions. 13
92	92	(b) Upon completion, the state agency that conducts the impact assessment 14
93	93	shall provide the assessment to the department. Upon receiving an assessment, the 15
94	94	department shall publish the assessment on the department's Internet website. 16
95	95	Sec. 44.99.720. Requirements for use of artificial intelligence by state 17
96	96	agencies. (a) A state agency that uses a system that employs artificial intelligence for 18
97	97	consequential decisions shall 19
98	98	(1) notify each individual who may be legally or significantly affected 20
99	99	by the use of the system; 21
100	100	(2) obtain an individual's consent before soliciting or acquiring 22
101	101	sensitive personal data about the individual that will be used by the system; 23
102	102	(3) provide an appeals process that includes manual human review for 24
103	103	an individual who is legally or significantly affected by the use of the system; and 25
104	104	(4) inform a prospective employee of the state agency about any video 26
105	105	interview that involves the use of artificial intelligence and obtain the prospective 27
106	106	employee's consent before employing artificial intelligence. 28
107	107	(b) A state agency may not use a system that employs artificial intelligence for 29
108	108	consequential decisions if the system involves 30
109	109	(1) biometric identification, including facial recognition; 31 33-LS1250\A
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113	113	(2) emotion recognition; 1
114	114	(3) cognitive behavioral manipulation of individuals or groups; or 2
115	115	(4) social scoring. 3
116	116	(c) A state agency may not use a system that employs artificial intelligence for 4
117	117	consequential decisions if the system uses data hosted in 5
118	118	(1) the People's Republic of China, including the Hong Kong Special 6
119	119	Administrative Region and Macao Special Administrative Region; 7
120	120	(2) the Republic of Cuba; 8
121	121	(3) the Islamic Republic of Iran; 9
122	122	(4) the Democratic People's Republic of Korea; 10
123	123	(5) the Russian Federation; or 11
124	124	(6) the Bolivarian Republic of Venezuela under the regime of Nicolás 12
125	125	Maduro Moros. 13
126	126	(d) A state agency may contract with a person for a system that employs 14
127	127	artificial intelligence for consequential decisions only if the person has implemented 15
128	128	multi-factor authentication to secure the system and data stored by the system. 16
129	129	Sec. 44.99.730. Transfer of data between state agencies. Unless required by 17
130	130	law, a state agency may not transfer data about an individual to another state agency 18
131	131	without the individual's consent. 19
132	132	Sec. 44.99.740. Regulations. (a) The department shall adopt regulations under 20
133	133	AS 44.62 (Administrative Procedure Act) concerning the development, procurement, 21
134	134	implementation, use, and ongoing assessment of systems that employ artificial 22
135	135	intelligence by state agencies for consequential decisions. The regulations must 23
136	136	include, at a minimum, provisions that 24
137	137	(1) govern the procurement, implementation, and ongoing assessment 25
138	138	of each system; 26
139	139	(2) require a state agency to conduct an impact assessment of each 27
140	140	system under AS 44.99.710 before its implementation; 28
141	141	(3) ensure that a system does not result in unlawful discrimination or 29
142	142	an unlawful disparate impact on an individual or a group of individuals; and 30
143	143	(4) provide for the ongoing assessment of each system. 31 33-LS1250\A
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147	147	(b) The department may adopt additional regulations under AS 44.62 1
148	148	(Administrative Procedure Act) necessary to implement AS 44.99.700 - 44.99.730. 2
149	149	Sec. 44.99.750. Civil liability for harm. (a) An individual who suffers harm 3
150	150	as a result of a violation of AS 44.99.700 - 44.99.730, a violation of a regulation 4
151	151	adopted under AS 44.99.740, or gross negligence or reckless or intentional misconduct 5
152	152	relating to the use of artificial intelligence by a state agency or state employee may 6
153	153	bring a civil action in the superior court against the state or state employee. 7
154	154	(b) An individual who suffers harm under (a) of this section may recover 8
155	155	damages for the harm to the individual, punitive damages under AS 09.17.020, and 9
156	156	full reasonable attorney fees and costs in a civil action brought under this section. 10
157	157	Sec. 44.99.760. Definitions. In AS 44.99.700 - 44.99.760, 11
158	158	(1) "artificial intelligence" means an automated system that uses data 12
159	159	input, human-defined objectives, and machine learning, natural language processing, 13
160	160	or other computational processing techniques of similar or greater complexity to make 14
161	161	a decision or facilitate human decision making; 15
162	162	(2) "biometric identification" means the analysis of an individual's 16
163	163	physical or behavioral characteristics to uniquely identify the individual; 17
164	164	(3) "cognitive behavioral manipulation" means the use of a subliminal 18
165	165	technique for the purpose of influencing an individual's behavior to achieve a desired 19
166	166	outcome; 20
167	167	(4) "consequential decision" means a conclusion, decision, or 21
168	168	judgment by a state agency that can have a legal or significant effect on an individual; 22
169	169	(5) "department" means the Department of Administration; 23
170	170	(6) "emotion recognition" means the analysis of an individual's bodily 24
171	171	expressions, including facial and verbal expressions, to identify or predict the 25
172	172	individual's emotions; 26
173	173	(7) "individual" means a natural person; 27
174	174	(8) "sensitive personal data" means 28
175	175	(A) data that reveals an individual's racial or ethnic origin, 29
176	176	political opinions, or religious or philosophical beliefs; 30
177	177	(B) an individual's genetic data; 31 33-LS1250\A
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181	181	(C) an individual's biometric data when used for biometric 1
182	182	identification; or 2
183	183	(D) an individual's geolocation data; 3
184	184	(9) "social scoring" means evaluating, classifying, rating, or scoring 4
185	185	the trustworthiness or social standing of an individual based on behavior or 5
186	186	socioeconomic, political, or religious status; 6
187	187	(10) "state agency" means the University of Alaska, a public 7
188	188	corporation of the state, or a department, institution, board, commission, division, 8
189	189	authority, committee, or other administrative unit of the executive branch of state 9
190	190	government. 10