| 26 | | - | "An Act relating to disclosure of election-related deepfakes; relating to use of artificial 1 |
|---|
| 27 | | - | intelligence by state agencies; and relating to transfer of data about individuals between 2 |
|---|
| 28 | | - | state agencies." 3 |
|---|
| 29 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 |
|---|
| 30 | | - | * Section 1. AS 15.80 is amended by adding a new section to read: 5 |
|---|
| 31 | | - | Sec. 15.80.009. Deepfake disclosure requirement. (a) A person may not 6 |
|---|
| 32 | | - | make or retain the services of another to make an election-related communication that 7 |
|---|
| 33 | | - | the person knows or reasonably should know includes a deepfake relating to a 8 |
|---|
| 34 | | - | candidate or proposition without including the following disclosure statement with the 9 |
|---|
| 35 | | - | election-related communication: "This communication has been manipulated or 10 |
|---|
| 36 | | - | generated by artificial intelligence or by another means." If the election-related 11 |
|---|
| 27 | + | "An Act relating to artificial intelligence; requiring disclosure of deepfakes in campaign 1 |
|---|
| 28 | + | communications; relating to cybersecurity; and relating to data privacy." 2 |
|---|
| 29 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
|---|
| 30 | + | * Section 1. AS 15.13 is amended by adding a new section to read: 4 |
|---|
| 31 | + | Sec. 15.13.093. Deepfake disclosure statement. (a) If a person knows or 5 |
|---|
| 32 | + | reasonably should know that a communication includes a deepfake depicting a 6 |
|---|
| 33 | + | candidate or political party in a manner intended to injure the reputation of the 7 |
|---|
| 34 | + | candidate or party or otherwise deceive a voter, the person shall include the following 8 |
|---|
| 35 | + | statement with the communication: "This communication has been manipulated or 9 |
|---|
| 36 | + | generated by artificial intelligence." In a communication that includes an audio 10 |
|---|
| 37 | + | component, the statement must be read in a manner that is easily heard. If the 11 |
|---|
| 43 | | - | remain onscreen throughout the entirety of the election-related communication. In an 1 |
|---|
| 44 | | - | election-related communication that consists only of audio, the statement must be read 2 |
|---|
| 45 | | - | (1) at the beginning of the audio, at the end of the audio, and, if the 3 |
|---|
| 46 | | - | audio is longer than two minutes in duration, at least once every two minutes during 4 |
|---|
| 47 | | - | the audio; and 5 |
|---|
| 48 | | - | (2) in a manner that is easily heard. 6 |
|---|
| 49 | | - | (b) A person may not remove the disclosure statement described in (a) of this 7 |
|---|
| 50 | | - | section from an election-related communication that the person knows or reasonably 8 |
|---|
| 51 | | - | should know includes a deepfake. 9 |
|---|
| 52 | | - | (c) A person who violates (a) or (b) of this section is liable to a candidate or 10 |
|---|
| 53 | | - | proposition group for damages suffered as a result of the violation, full reasonable 11 |
|---|
| 54 | | - | attorney fees, and costs. 12 |
|---|
| 55 | | - | (d) A candidate or proposition group suffering damages as a result of an 13 |
|---|
| 56 | | - | election-related communication made in violation of (a) of this section, or the removal 14 |
|---|
| 57 | | - | of the disclosure statement from an election-related communication in violation of (b) 15 |
|---|
| 58 | | - | of this section, may bring an action for damages under (c) of this section, or for 16 |
|---|
| 59 | | - | injunctive relief to prohibit dissemination of the election-related communication. 17 |
|---|
| 60 | | - | (e) This section does not apply to 18 |
|---|
| 61 | | - | (1) a deepfake that constitutes satire or parody; 19 |
|---|
| 62 | | - | (2) a deepfake broadcast by a radio, television, cable, or satellite 20 |
|---|
| 63 | | - | provider as part of a newscast, news interview, news documentary, or on-the-spot 21 |
|---|
| 64 | | - | coverage of a news event, if the broadcast clearly acknowledges, through content or 22 |
|---|
| 65 | | - | disclosure, in a manner easily heard or read by the average listener or viewer, that 23 |
|---|
| 66 | | - | there are questions about the authenticity of the deepfake; 24 |
|---|
| 67 | | - | (3) a person who is paid to broadcast an election-related 25 |
|---|
| 68 | | - | communication made by another person. 26 |
|---|
| 69 | | - | (f) In this section, 27 |
|---|
| 70 | | - | (1) "deepfake" means an image, audio recording, or video recording of 28 |
|---|
| 71 | | - | an individual's appearance, conduct, or spoken words that has been created or 29 |
|---|
| 72 | | - | manipulated with machine learning, natural language processing, or another 30 |
|---|
| 73 | | - | computational processing technique in a manner to create a realistic but false image, 31 33-LS1061\Y |
|---|
| 74 | | - | SB0177B -3- CSSB 177(STA) |
|---|
| 44 | + | throughout the entirety of the communication. 1 |
|---|
| 45 | + | (b) In this section, "deepfake" means an image, audio recording, or video 2 |
|---|
| 46 | + | recording of an individual's appearance, conduct, or spoken words that has been 3 |
|---|
| 47 | + | created or manipulated with machine learning, natural language processing, or another 4 |
|---|
| 48 | + | computational processing technique of similar or greater complexity in a manner to 5 |
|---|
| 49 | + | create a realistic but false image, audio, or video that 6 |
|---|
| 50 | + | (1) appears to a reasonable person to depict a real individual saying or 7 |
|---|
| 51 | + | doing something that did not actually occur; or 8 |
|---|
| 52 | + | (2) provides a fundamentally different understanding or impression of 9 |
|---|
| 53 | + | an individual's appearance, conduct, or spoken words than the understanding a 10 |
|---|
| 54 | + | reasonable person would have from an unaltered, original version of the media. 11 |
|---|
| 55 | + | * Sec. 2. AS 44.99 is amended by adding new sections to read: 12 |
|---|
| 56 | + | Article 7. Use by State Agencies of Artificial Intelligence and Data about Individuals. 13 |
|---|
| 57 | + | Sec. 44.99.700. Inventory. (a) Every two years, the department shall conduct 14 |
|---|
| 58 | + | an inventory of all systems used by state agencies that employ artificial intelligence 15 |
|---|
| 59 | + | for consequential decisions. Each state agency shall assist the department as necessary. 16 |
|---|
| 60 | + | An inventory must include, at a minimum, the following information for each system: 17 |
|---|
| 61 | + | (1) the name of the system; 18 |
|---|
| 62 | + | (2) the vendor that provides the system, if any; 19 |
|---|
| 63 | + | (3) a description of the general capabilities and uses of the system; and 20 |
|---|
| 64 | + | (4) whether the state agency completed an impact assessment of the 21 |
|---|
| 65 | + | system under AS 44.99.710 before the system's implementation. 22 |
|---|
| 66 | + | (b) Upon completion, the department shall publish each inventory on the 23 |
|---|
| 67 | + | department's Internet website. 24 |
|---|
| 68 | + | Sec. 44.99.710. Impact assessments. (a) At least once every two years, the 25 |
|---|
| 69 | + | head of a state agency that uses a system that employs artificial intelligence for 26 |
|---|
| 70 | + | consequential decisions shall conduct an impact assessment of the system. An impact 27 |
|---|
| 71 | + | assessment must include, at a minimum, an analysis of 28 |
|---|
| 72 | + | (1) the efficacy of the system; 29 |
|---|
| 73 | + | (2) the human oversight involved in the system; 30 |
|---|
| 74 | + | (3) the accountability mechanisms in place for the system; |
|---|
| 75 | + | 31 33-LS1061\B |
|---|
| 76 | + | SB0177A -3- SB 177 |
|---|
| 77 | | - | audio, or video that 1 |
|---|
| 78 | | - | (A) appears to a reasonable person to depict a real individual 2 |
|---|
| 79 | | - | saying or doing something that did not actually occur; or 3 |
|---|
| 80 | | - | (B) provides a fundamentally different understanding or 4 |
|---|
| 81 | | - | impression of an individual's appearance, conduct, or spoken words than the 5 |
|---|
| 82 | | - | understanding a reasonable person would have from an unaltered, original 6 |
|---|
| 83 | | - | version of the media; 7 |
|---|
| 84 | | - | (2) "election-related communication" means a communication that 8 |
|---|
| 85 | | - | (A) directly or indirectly identifies a candidate or proposition; 9 |
|---|
| 86 | | - | and 10 |
|---|
| 87 | | - | (B) is disseminated to an audience that includes voters who will 11 |
|---|
| 88 | | - | have the opportunity to vote on the candidate or proposition identified in the 12 |
|---|
| 89 | | - | communication; 13 |
|---|
| 90 | | - | (3) "proposition" has the meaning given in AS 15.13.065(c); 14 |
|---|
| 91 | | - | (4) "proposition group" means a person registered with the Alaska 15 |
|---|
| 92 | | - | Public Offices Commission to make expenditures in support of or in opposition to a 16 |
|---|
| 93 | | - | proposition under AS 15.13.050. 17 |
|---|
| 94 | | - | * Sec. 2. AS 44.99 is amended by adding new sections to read: 18 |
|---|
| 95 | | - | Article 7. Use by State Agencies of Artificial Intelligence and Data about Individuals. 19 |
|---|
| 96 | | - | Sec. 44.99.700. Inventory. (a) Every two years, the department shall conduct 20 |
|---|
| 97 | | - | an inventory of all systems used by state agencies that employ generative artificial 21 |
|---|
| 98 | | - | intelligence for consequential decisions. Each state agency shall assist the department 22 |
|---|
| 99 | | - | as necessary. An inventory must include, at a minimum, the following information for 23 |
|---|
| 100 | | - | each system: 24 |
|---|
| 101 | | - | (1) the name of the system; 25 |
|---|
| 102 | | - | (2) the vendor that provides the system, if any; 26 |
|---|
| 103 | | - | (3) a description of the general capabilities and uses of the system; 27 |
|---|
| 104 | | - | (4) whether the state agency completed an impact assessment of the 28 |
|---|
| 105 | | - | system under AS 44.99.710 before the system's implementation; and 29 |
|---|
| 106 | | - | (5) the date of completion of the most recent state agency impact 30 |
|---|
| 107 | | - | assessment of the system under AS 44.99.710. 31 33-LS1061\Y |
|---|
| 108 | | - | CSSB 177(STA) -4- SB0177B |
|---|
| 79 | + | (4) the process by which an individual may appeal a decision made or 1 |
|---|
| 80 | + | facilitated by the system; 2 |
|---|
| 81 | + | (5) the current and potential benefits, liability, and risks to the state 3 |
|---|
| 82 | + | from the system, including risks related to cybersecurity and intellectual property and 4 |
|---|
| 83 | + | any measures used to mitigate liability and risks; 5 |
|---|
| 84 | + | (6) the current and potential effects of the system on the liberty, 6 |
|---|
| 85 | + | finances, livelihood, and privacy interests of individuals in the state, including effects 7 |
|---|
| 86 | + | from any use of geolocation data by the system; 8 |
|---|
| 87 | + | (7) any unlawful discrimination against or unlawful disparate impact 9 |
|---|
| 88 | + | on an individual or a group of individuals that has resulted or may result from the 10 |
|---|
| 89 | + | system; and 11 |
|---|
| 90 | + | (8) the policies and procedures that govern the process of using the 12 |
|---|
| 91 | + | system for consequential decisions. 13 |
|---|
| 92 | + | (b) Upon completion, the state agency that conducts the impact assessment 14 |
|---|
| 93 | + | shall provide the assessment to the department. Upon receiving an assessment, the 15 |
|---|
| 94 | + | department shall publish the assessment on the department's Internet website. 16 |
|---|
| 95 | + | Sec. 44.99.720. Requirements for use of artificial intelligence by state 17 |
|---|
| 96 | + | agencies. (a) A state agency that uses a system that employs artificial intelligence for 18 |
|---|
| 97 | + | consequential decisions shall 19 |
|---|
| 98 | + | (1) notify each individual who may be legally or significantly affected 20 |
|---|
| 99 | + | by the use of the system; 21 |
|---|
| 100 | + | (2) obtain an individual's consent before soliciting or acquiring 22 |
|---|
| 101 | + | sensitive personal data about the individual that will be used by the system; 23 |
|---|
| 102 | + | (3) provide an appeals process that includes manual human review for 24 |
|---|
| 103 | + | an individual who is legally or significantly affected by the use of the system; and 25 |
|---|
| 104 | + | (4) inform a prospective employee of the state agency about any video 26 |
|---|
| 105 | + | interview that involves the use of artificial intelligence and obtain the prospective 27 |
|---|
| 106 | + | employee's consent before employing artificial intelligence. 28 |
|---|
| 107 | + | (b) A state agency may not use a system that employs artificial intelligence for 29 |
|---|
| 108 | + | consequential decisions if the system involves 30 |
|---|
| 109 | + | (1) biometric identification, including facial recognition; 31 33-LS1061\B |
|---|
| 110 | + | SB 177 -4- SB0177A |
|---|
| 111 | | - | (b) The department shall remove from the inventory a system that is no longer 1 |
|---|
| 112 | | - | used by a state agency. 2 |
|---|
| 113 | | - | (c) The department shall publish each inventory on the department's Internet 3 |
|---|
| 114 | | - | website, except as provided in AS 44.99.760. 4 |
|---|
| 115 | | - | Sec. 44.99.710. Impact assessments. (a) At least once every two years, the 5 |
|---|
| 116 | | - | head of a state agency that uses a system that employs generative artificial intelligence 6 |
|---|
| 117 | | - | for consequential decisions shall conduct an impact assessment of the system, except 7 |
|---|
| 118 | | - | as provided in AS 44.99.760. An impact assessment must include, at a minimum, an 8 |
|---|
| 119 | | - | analysis of 9 |
|---|
| 120 | | - | (1) the efficacy of the system; 10 |
|---|
| 121 | | - | (2) the human oversight involved in the system; 11 |
|---|
| 122 | | - | (3) the accountability mechanisms in place for the system; 12 |
|---|
| 123 | | - | (4) the process by which an individual may appeal a decision made or 13 |
|---|
| 124 | | - | facilitated by the system; 14 |
|---|
| 125 | | - | (5) the current and potential benefits, liability, and risks to the state 15 |
|---|
| 126 | | - | from the system, including risks related to cybersecurity and intellectual property and 16 |
|---|
| 127 | | - | any measures used to mitigate liability and risks; 17 |
|---|
| 128 | | - | (6) the current and potential effects of the system on the liberty, 18 |
|---|
| 129 | | - | finances, livelihood, and privacy interests of individuals in the state, including effects 19 |
|---|
| 130 | | - | from any use of geolocation data by the system; 20 |
|---|
| 131 | | - | (7) any unlawful discrimination against or unlawful disparate impact 21 |
|---|
| 132 | | - | on an individual or a group of individuals that has resulted or may result from the 22 |
|---|
| 133 | | - | system; and 23 |
|---|
| 134 | | - | (8) the policies and procedures that govern the process of using the 24 |
|---|
| 135 | | - | system for consequential decisions. 25 |
|---|
| 136 | | - | (b) A state agency that completes an impact assessment shall provide the 26 |
|---|
| 137 | | - | assessment to the department, and the head of the agency shall consult with the 27 |
|---|
| 138 | | - | commissioner of administration to determine future use of the system by the agency. 28 |
|---|
| 139 | | - | Sec. 44.99.720. Requirements for use of artificial intelligence by state 29 |
|---|
| 140 | | - | agencies. (a) Except as provided in AS 44.99.760, a state agency that uses a system 30 |
|---|
| 141 | | - | that employs generative artificial intelligence for consequential decisions shall 31 33-LS1061\Y |
|---|
| 142 | | - | SB0177B -5- CSSB 177(STA) |
|---|
| 113 | + | (2) emotion recognition; 1 |
|---|
| 114 | + | (3) cognitive behavioral manipulation of individuals or groups; or 2 |
|---|
| 115 | + | (4) social scoring. 3 |
|---|
| 116 | + | (c) A state agency may not use a system that employs artificial intelligence for 4 |
|---|
| 117 | + | consequential decisions if the system uses data hosted in 5 |
|---|
| 118 | + | (1) the People's Republic of China, including the Hong Kong Special 6 |
|---|
| 119 | + | Administrative Region and Macao Special Administrative Region; 7 |
|---|
| 120 | + | (2) the Republic of Cuba; 8 |
|---|
| 121 | + | (3) the Islamic Republic of Iran; 9 |
|---|
| 122 | + | (4) the Democratic People's Republic of Korea; 10 |
|---|
| 123 | + | (5) the Russian Federation; or 11 |
|---|
| 124 | + | (6) the Bolivarian Republic of Venezuela under the regime of Nicolás 12 |
|---|
| 125 | + | Maduro Moros. 13 |
|---|
| 126 | + | (d) A state agency may contract with a person for a system that employs 14 |
|---|
| 127 | + | artificial intelligence for consequential decisions only if the person has implemented 15 |
|---|
| 128 | + | multi-factor authentication to secure the system and data stored by the system. 16 |
|---|
| 129 | + | Sec. 44.99.730. Transfer of data between state agencies. Unless required by 17 |
|---|
| 130 | + | law, a state agency may not transfer data about an individual to another state agency 18 |
|---|
| 131 | + | without the individual's consent. 19 |
|---|
| 132 | + | Sec. 44.99.740. Regulations. (a) The department shall adopt regulations under 20 |
|---|
| 133 | + | AS 44.62 (Administrative Procedure Act) concerning the development, procurement, 21 |
|---|
| 134 | + | implementation, use, and ongoing assessment of systems that employ artificial 22 |
|---|
| 135 | + | intelligence by state agencies for consequential decisions. The regulations must 23 |
|---|
| 136 | + | include, at a minimum, provisions that 24 |
|---|
| 137 | + | (1) govern the procurement, implementation, and ongoing assessment 25 |
|---|
| 138 | + | of each system; 26 |
|---|
| 139 | + | (2) require a state agency to conduct an impact assessment of each 27 |
|---|
| 140 | + | system under AS 44.99.710 before its implementation; 28 |
|---|
| 141 | + | (3) ensure that a system does not result in unlawful discrimination or 29 |
|---|
| 142 | + | an unlawful disparate impact on an individual or a group of individuals; and 30 |
|---|
| 143 | + | (4) provide for the ongoing assessment of each system. 31 33-LS1061\B |
|---|
| 144 | + | SB0177A -5- SB 177 |
|---|
| 145 | | - | (1) notify each individual who may be legally or significantly affected 1 |
|---|
| 146 | | - | by the use of the system; 2 |
|---|
| 147 | | - | (2) obtain an individual's consent before soliciting or acquiring 3 |
|---|
| 148 | | - | sensitive personal data from or about the individual that will be used by the system; 4 |
|---|
| 149 | | - | (3) provide an appeals process that includes manual human review for 5 |
|---|
| 150 | | - | an individual who is legally or significantly affected by the use of the system; and 6 |
|---|
| 151 | | - | (4) inform a prospective employee of the state agency about any video 7 |
|---|
| 152 | | - | interview that involves the use of generative artificial intelligence and obtain the 8 |
|---|
| 153 | | - | prospective employee's consent before employing generative artificial intelligence. 9 |
|---|
| 154 | | - | (b) A state agency may not use a system that employs artificial intelligence for 10 |
|---|
| 155 | | - | consequential decisions if the system involves 11 |
|---|
| 156 | | - | (1) biometric identification, including facial recognition; 12 |
|---|
| 157 | | - | (2) emotion recognition; 13 |
|---|
| 158 | | - | (3) cognitive behavioral manipulation of individuals or groups; or 14 |
|---|
| 159 | | - | (4) social scoring. 15 |
|---|
| 160 | | - | (c) A state agency may not use a system that employs artificial intelligence for 16 |
|---|
| 161 | | - | consequential decisions if the system uses data hosted in a country designated by 17 |
|---|
| 162 | | - | regulation as a foreign adversary. 18 |
|---|
| 163 | | - | (d) A state agency may contract with a person for a system that employs 19 |
|---|
| 164 | | - | artificial intelligence for consequential decisions only if the person has implemented 20 |
|---|
| 165 | | - | security and privacy controls as specified by the National Institute of Standards and 21 |
|---|
| 166 | | - | Technology in Special Publication 800-53, Revision 5, published in September 2020 22 |
|---|
| 167 | | - | or in regulations adopted by the department designating a publication revising or 23 |
|---|
| 168 | | - | superseding Special Publication 800-53. 24 |
|---|
| 169 | | - | Sec. 44.99.730. Transfer of data between state agencies. Except as provided 25 |
|---|
| 170 | | - | in AS 44.99.760 and unless required by law, a state agency may not transfer data 26 |
|---|
| 171 | | - | about an individual to another state agency without giving notice to the individual. 27 |
|---|
| 172 | | - | Sec. 44.99.740. Regulations. (a) The department shall adopt regulations under 28 |
|---|
| 173 | | - | AS 44.62 (Administrative Procedure Act) concerning the development, procurement, 29 |
|---|
| 174 | | - | implementation, use, and ongoing assessment of systems that employ generative 30 |
|---|
| 175 | | - | artificial intelligence by state agencies for consequential decisions. Except as provided 31 33-LS1061\Y |
|---|
| 176 | | - | CSSB 177(STA) -6- SB0177B |
|---|
| 147 | + | (b) The department may adopt additional regulations under AS 44.62 1 |
|---|
| 148 | + | (Administrative Procedure Act) necessary to implement AS 44.99.700 - 44.99.730. 2 |
|---|
| 149 | + | Sec. 44.99.750. Civil liability for harm. (a) An individual who suffers harm 3 |
|---|
| 150 | + | as a result of a violation of AS 44.99.700 - 44.99.730, a violation of a regulation 4 |
|---|
| 151 | + | adopted under AS 44.99.740, or gross negligence or reckless or intentional misconduct 5 |
|---|
| 152 | + | relating to the use of artificial intelligence by a state agency or state employee may 6 |
|---|
| 153 | + | bring a civil action in the superior court against the state or state employee. 7 |
|---|
| 154 | + | (b) An individual who suffers harm under (a) of this section may recover 8 |
|---|
| 155 | + | damages for the harm to the individual, punitive damages under AS 09.17.020, and 9 |
|---|
| 156 | + | full reasonable attorney fees and costs in a civil action brought under this section. 10 |
|---|
| 157 | + | Sec. 44.99.760. Definitions. In AS 44.99.700 - 44.99.760, 11 |
|---|
| 158 | + | (1) "artificial intelligence" means an automated system that uses data 12 |
|---|
| 159 | + | input, human-defined objectives, and machine learning, natural language processing, 13 |
|---|
| 160 | + | or other computational processing techniques of similar or greater complexity to make 14 |
|---|
| 161 | + | a decision or facilitate human decision making; 15 |
|---|
| 162 | + | (2) "biometric identification" means the analysis of an individual's 16 |
|---|
| 163 | + | physical or behavioral characteristics to uniquely identify the individual; 17 |
|---|
| 164 | + | (3) "cognitive behavioral manipulation" means the use of a subliminal 18 |
|---|
| 165 | + | technique for the purpose of influencing an individual's behavior to achieve a desired 19 |
|---|
| 166 | + | outcome; 20 |
|---|
| 167 | + | (4) "consequential decision" means a conclusion, decision, or 21 |
|---|
| 168 | + | judgment by a state agency that can have a legal or significant effect on an individual; 22 |
|---|
| 169 | + | (5) "department" means the Department of Administration; 23 |
|---|
| 170 | + | (6) "emotion recognition" means the analysis of an individual's bodily 24 |
|---|
| 171 | + | expressions, including facial and verbal expressions, to identify or predict the 25 |
|---|
| 172 | + | individual's emotions; 26 |
|---|
| 173 | + | (7) "individual" means a natural person; 27 |
|---|
| 174 | + | (8) "sensitive personal data" means 28 |
|---|
| 175 | + | (A) data that reveals an individual's racial or ethnic origin, 29 |
|---|
| 176 | + | political opinions, or religious or philosophical beliefs; 30 |
|---|
| 177 | + | (B) an individual's genetic data; 31 33-LS1061\B |
|---|
| 178 | + | SB 177 -6- SB0177A |
|---|
| 179 | | - | in AS 44.99.760, the regulations must include, at a minimum, provisions that 1 |
|---|
| 180 | | - | (1) govern the procurement, implementation, and ongoing assessment 2 |
|---|
| 181 | | - | of each system; 3 |
|---|
| 182 | | - | (2) require a state agency to conduct an impact assessment of each 4 |
|---|
| 183 | | - | system under AS 44.99.710 before its implementation; 5 |
|---|
| 184 | | - | (3) ensure that a system does not result in unlawful discrimination or 6 |
|---|
| 185 | | - | an unlawful disparate impact on an individual or a group of individuals; 7 |
|---|
| 186 | | - | (4) provide for the ongoing assessment of each system; and 8 |
|---|
| 187 | | - | (5) designate countries that constitute foreign adversaries, considering 9 |
|---|
| 188 | | - | determinations made by the United States. 10 |
|---|
| 189 | | - | (b) The department may adopt additional regulations under AS 44.62 11 |
|---|
| 190 | | - | (Administrative Procedure Act) necessary to implement AS 44.99.700 - 44.99.730. 12 |
|---|
| 191 | | - | Sec. 44.99.750. Civil liability for harm. (a) An individual who suffers harm 13 |
|---|
| 192 | | - | as a result of a violation of AS 44.99.700 - 44.99.730, a violation of a regulation 14 |
|---|
| 193 | | - | adopted under AS 44.99.740, or gross negligence or reckless or intentional misconduct 15 |
|---|
| 194 | | - | relating to the use of artificial intelligence by a state agency may bring a civil action in 16 |
|---|
| 195 | | - | the superior court against the state agency. 17 |
|---|
| 196 | | - | (b) An individual who suffers harm under (a) of this section may recover 18 |
|---|
| 197 | | - | damages for the harm to the individual, punitive damages under AS 09.17.020, and 19 |
|---|
| 198 | | - | full reasonable attorney fees and costs in a civil action brought under this section. 20 |
|---|
| 199 | | - | (c) Nothing in this section authorizes an individual to bring a cause of action 21 |
|---|
| 200 | | - | against a person other than a state agency. 22 |
|---|
| 201 | | - | Sec. 44.99.760. Exemptions. (a) AS 44.99.710, 44.99.720(a), 44.99.720(b)(1), 23 |
|---|
| 202 | | - | 44.99.730, and regulations adopted under AS 44.99.740(a) do not apply to systems 24 |
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| 203 | | - | that the Department of Public Safety uses for investigation of criminal offenses, 25 |
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| 204 | | - | missing persons, or other exigent circumstances. 26 |
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| 205 | | - | (b) Information collected under AS 44.99.700(a)(3) related to a system that 27 |
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| 206 | | - | the Department of Public Safety uses for investigation of criminal offenses, missing 28 |
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| 207 | | - | persons, or other exigent circumstances may not be included in the inventory 29 |
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| 208 | | - | published on the department's Internet website under AS 44.99.700(b) and is 30 |
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| 209 | | - | confidential and not subject to disclosure under AS 40.25.100 - 40.25.295 (Alaska 31 33-LS1061\Y |
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| 210 | | - | SB0177B -7- CSSB 177(STA) |
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| 211 | | - | New Text Underlined [DELETED TEXT BRACKETED] |
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| 212 | | - | |
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| 213 | | - | Public Records Act). 1 |
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| 214 | | - | Sec. 44.99.770. Definitions. In AS 44.99.700 - 44.99.770, 2 |
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| 215 | | - | (1) "artificial intelligence" means generative artificial intelligence or 3 |
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| 216 | | - | rules-based artificial intelligence; 4 |
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| 217 | | - | (2) "biometric identification" means the analysis of an individual's 5 |
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| 218 | | - | physical or behavioral characteristics to uniquely identify the individual; 6 |
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| 219 | | - | (3) "cognitive behavioral manipulation" means the use of a subliminal 7 |
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| 220 | | - | technique for the purpose of influencing an individual's behavior to achieve a desired 8 |
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| 221 | | - | outcome; 9 |
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| 222 | | - | (4) "consequential decision" means a conclusion, decision, or 10 |
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| 223 | | - | judgment by a state agency that can affect an individual's legal rights, employment, 11 |
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| 224 | | - | finances, health, or licensure; 12 |
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| 225 | | - | (5) "department" means the Department of Administration; 13 |
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| 226 | | - | (6) "emotion recognition" means the analysis of an individual's bodily 14 |
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| 227 | | - | expressions, including facial and verbal expressions, to identify or predict the 15 |
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| 228 | | - | individual's emotions; 16 |
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| 229 | | - | (7) "generative artificial intelligence" means a machine-based system 17 |
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| 230 | | - | designed to operate with varying levels of autonomy that may exhibit adaptiveness 18 |
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| 231 | | - | after deployment and that, for explicit or implicit objectives, infers how to generate 19 |
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| 232 | | - | outputs from input the system receives; 20 |
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| 233 | | - | (8) "individual" means a natural person; 21 |
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| 234 | | - | (9) "rules-based artificial intelligence" means a computational program 22 |
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| 235 | | - | or algorithm designed to process information in a logical way that does not produce 23 |
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| 236 | | - | inferential output beyond its original programming and query parameters; 24 |
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| 237 | | - | (10) "sensitive personal data" means 25 |
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| 238 | | - | (A) data that reveals an individual's racial or ethnic origin, 26 |
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| 239 | | - | political opinions, or religious or philosophical beliefs; 27 |
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| 240 | | - | (B) an individual's genetic data; 28 |
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| 241 | | - | (C) an individual's biometric data when used for biometric 29 |
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| 242 | | - | identification; 30 |
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| 243 | | - | (D) an individual's geolocation data; 31 33-LS1061\Y |
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| 244 | | - | CSSB 177(STA) -8- SB0177B |
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| 245 | | - | New Text Underlined [DELETED TEXT BRACKETED] |
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| 246 | | - | |
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| 247 | | - | (E) an individual's bank account information or financial 1 |
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| 248 | | - | records; or 2 |
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| 249 | | - | (F) an individual's social security number or other personal 3 |
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| 250 | | - | identifier issued to an individual by a government or institution; 4 |
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| 251 | | - | (11) "social scoring" means evaluating, classifying, rating, or scoring 5 |
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| 252 | | - | the trustworthiness or social standing of an individual based on behavior or 6 |
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| 253 | | - | socioeconomic, political, or religious status; 7 |
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| 254 | | - | (12) "state agency" means the University of Alaska, a public 8 |
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| 255 | | - | corporation of the state, or a department, institution, board, commission, division, 9 |
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| 256 | | - | authority, committee, or other administrative unit of the executive branch of state 10 |
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| 257 | | - | government. 11 |
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| 258 | | - | * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 12 |
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| 259 | | - | read: 13 |
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| 260 | | - | APPLICABILITY. AS 44.99.750, enacted by sec. 2 of this Act, applies to acts or 14 |
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| 261 | | - | omissions occurring on or after the effective date of this Act. 15 |
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| 181 | + | (C) an individual's biometric data when used for biometric 1 |
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| 182 | + | identification; or 2 |
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| 183 | + | (D) an individual's geolocation data; 3 |
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| 184 | + | (9) "social scoring" means evaluating, classifying, rating, or scoring 4 |
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| 185 | + | the trustworthiness or social standing of an individual based on behavior or 5 |
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| 186 | + | socioeconomic, political, or religious status; 6 |
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| 187 | + | (10) "state agency" means the University of Alaska, a public 7 |
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| 188 | + | corporation of the state, or a department, institution, board, commission, division, 8 |
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| 189 | + | authority, committee, or other administrative unit of the executive branch of state 9 |
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| 190 | + | government. 10 |
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