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| 2 | 2 | | SB0002A -1- SB 2 |
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| 5 | 5 | | 34-LS0037\A |
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| 10 | 10 | | |
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| 11 | 11 | | SENATE BILL NO. 2 |
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| 12 | 12 | | |
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| 13 | 13 | | IN THE LEGISLATURE OF THE STATE OF ALASKA |
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| 14 | 14 | | |
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| 15 | 15 | | THIRTY-FOURTH LEGISLATURE - FIRST SESSION |
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| 16 | 16 | | |
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| 17 | 17 | | BY SENATOR HUGHES |
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| 18 | 18 | | |
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| 19 | 19 | | Introduced: 1/10/25 |
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| 20 | 20 | | Referred: Prefiled |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | A BILL |
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| 24 | 24 | | |
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| 25 | 25 | | FOR AN ACT ENTITLED |
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| 26 | 26 | | |
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| 27 | 27 | | "An Act relating to disclosure of election-related deepfakes; relating to use of artificial 1 |
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| 28 | 28 | | intelligence by state agencies; and relating to transfer of data about individuals between 2 |
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| 29 | 29 | | state agencies." 3 |
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| 30 | 30 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 |
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| 31 | 31 | | * Section 1. AS 15.80 is amended by adding a new section to read: 5 |
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| 32 | 32 | | Sec. 15.80.009. Deepfake disclosure requirement. (a) A person may not 6 |
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| 33 | 33 | | make or retain the services of another to make an election-related communication that 7 |
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| 34 | 34 | | the person knows or reasonably should know includes a deepfake relating to a 8 |
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| 35 | 35 | | candidate or proposition without including the following disclosure statement with the 9 |
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| 36 | 36 | | election-related communication: "This communication has been manipulated or 10 |
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| 37 | 37 | | generated by artificial intelligence or by another means." If the election-related 11 |
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| 38 | 38 | | communication includes a print or video component, the statement must be placed in 12 |
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| 39 | 39 | | the election-related communication so the statement is easily discernible, and, for a 13 |
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| 40 | 40 | | broadcast, cable, satellite, Internet, or other digital communication, the statement must 14 34-LS0037\A |
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| 43 | 43 | | |
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| 44 | 44 | | remain onscreen throughout the entirety of the election-related communication. In an 1 |
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| 45 | 45 | | election-related communication that consists only of audio, the statement must be read 2 |
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| 46 | 46 | | (1) at the beginning of the audio, at the end of the audio, and, if the 3 |
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| 47 | 47 | | audio is longer than two minutes in duration, at least once every two minutes during 4 |
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| 48 | 48 | | the audio; and 5 |
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| 49 | 49 | | (2) in a manner that is easily heard. 6 |
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| 50 | 50 | | (b) A person may not remove the disclosure statement described in (a) of this 7 |
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| 51 | 51 | | section from an election-related communication that the person knows or reasonably 8 |
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| 52 | 52 | | should know includes a deepfake. 9 |
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| 53 | 53 | | (c) A person who violates (a) or (b) of this section is liable to a candidate or 10 |
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| 54 | 54 | | proposition group for damages suffered as a result of the violation, full reasonable 11 |
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| 55 | 55 | | attorney fees, and costs. 12 |
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| 56 | 56 | | (d) A candidate or proposition group suffering damages as a result of an 13 |
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| 57 | 57 | | election-related communication made in violation of (a) of this section, or the removal 14 |
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| 58 | 58 | | of the disclosure statement from an election-related communication in violation of (b) 15 |
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| 59 | 59 | | of this section, may bring an action for damages under (c) of this section, or for 16 |
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| 60 | 60 | | injunctive relief to prohibit dissemination of the election-related communication. 17 |
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| 61 | 61 | | (e) This section does not apply to a deepfake that is 18 |
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| 62 | 62 | | (1) satire or parody; 19 |
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| 63 | 63 | | (2) broadcast by a radio, television, cable, or satellite provider as part 20 |
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| 64 | 64 | | of a newscast, news interview, news documentary, or on-the-spot coverage of a news 21 |
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| 65 | 65 | | event, if the broadcast clearly acknowledges, through content or disclosure, in a 22 |
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| 66 | 66 | | manner easily heard or read by the average listener or viewer, that there are questions 23 |
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| 67 | 67 | | about the authenticity of the deepfake; or 24 |
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| 68 | 68 | | (3) broadcast by a person who is paid to broadcast an election-related 25 |
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| 69 | 69 | | communication made by another person. 26 |
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| 70 | 70 | | (f) In this section, 27 |
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| 71 | 71 | | (1) "deepfake" means an image, audio recording, or video recording of 28 |
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| 72 | 72 | | an individual's appearance, conduct, or spoken words that has been created or 29 |
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| 73 | 73 | | manipulated with machine learning, natural language processing, or another 30 |
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| 74 | 74 | | computational processing technique in a manner to create a realistic but false image, 31 34-LS0037\A |
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| 77 | 77 | | |
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| 78 | 78 | | audio, or video that 1 |
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| 79 | 79 | | (A) would appear to a reasonable person to depict a real 2 |
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| 80 | 80 | | individual saying or doing something that did not actually occur; or 3 |
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| 81 | 81 | | (B) provides a fundamentally different understanding or 4 |
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| 82 | 82 | | impression of an individual's appearance, conduct, or spoken words than the 5 |
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| 83 | 83 | | understanding a reasonable person would have from an unaltered, original 6 |
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| 84 | 84 | | version of the media; 7 |
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| 85 | 85 | | (2) "election-related communication" means a communication that 8 |
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| 86 | 86 | | (A) directly or indirectly identifies a candidate or proposition; 9 |
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| 87 | 87 | | and 10 |
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| 88 | 88 | | (B) is disseminated to an audience that includes voters who will 11 |
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| 89 | 89 | | have the opportunity to vote on the candidate or proposition identified in the 12 |
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| 90 | 90 | | communication; 13 |
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| 91 | 91 | | (3) "proposition" has the meaning given in AS 15.13.065(c); 14 |
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| 92 | 92 | | (4) "proposition group" means a person registered with the Alaska 15 |
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| 93 | 93 | | Public Offices Commission to make expenditures in support of or in opposition to a 16 |
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| 94 | 94 | | proposition under AS 15.13.050. 17 |
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| 95 | 95 | | * Sec. 2. AS 44.99 is amended by adding new sections to read: 18 |
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| 96 | 96 | | Article 7. Use by State Agencies of Artificial Intelligence and Data About Individuals. 19 |
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| 97 | 97 | | Sec. 44.99.700. Inventory. (a) Every two years, the department shall conduct 20 |
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| 98 | 98 | | an inventory of all state agency systems that employ generative artificial intelligence 21 |
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| 99 | 99 | | for consequential decisions. Each state agency shall assist the department as necessary. 22 |
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| 100 | 100 | | An inventory must include, at a minimum, the following information for each system: 23 |
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| 101 | 101 | | (1) the name of the system; 24 |
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| 102 | 102 | | (2) the vendor that provides the system, if any; 25 |
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| 103 | 103 | | (3) a description of the general capabilities and uses of the system; 26 |
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| 104 | 104 | | (4) whether the state agency completed an impact assessment of the 27 |
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| 105 | 105 | | system under AS 44.99.710 before the system's implementation; and 28 |
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| 106 | 106 | | (5) the date of completion of the most recent state agency impact 29 |
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| 107 | 107 | | assessment of the system under AS 44.99.710. 30 |
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| 108 | 108 | | (b) The department shall remove from the inventory a system that is no longer 31 34-LS0037\A |
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| 112 | 112 | | used by a state agency. 1 |
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| 113 | 113 | | (c) The department shall publish each inventory on the department's Internet 2 |
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| 114 | 114 | | website. 3 |
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| 115 | 115 | | Sec. 44.99.710. Impact assessments. (a) At least once every two years, the 4 |
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| 116 | 116 | | head of a state agency that uses a system that employs generative artificial intelligence 5 |
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| 117 | 117 | | for consequential decisions shall conduct an impact assessment of the system. An 6 |
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| 118 | 118 | | impact assessment must include, at a minimum, an analysis of 7 |
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| 119 | 119 | | (1) the efficacy of the system; 8 |
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| 120 | 120 | | (2) the human oversight involved in the system; 9 |
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| 121 | 121 | | (3) the accountability mechanisms in place for the system; 10 |
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| 122 | 122 | | (4) the process by which an individual may appeal a decision made or 11 |
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| 123 | 123 | | facilitated by the system; 12 |
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| 124 | 124 | | (5) the current and potential benefits, liability, and risks to the state 13 |
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| 125 | 125 | | from the system, including risks related to cybersecurity and intellectual property and 14 |
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| 126 | 126 | | any measures used to mitigate liability and risks; 15 |
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| 127 | 127 | | (6) the current and potential effects of the system on the liberty, 16 |
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| 128 | 128 | | finances, livelihood, and privacy interests of individuals in the state, including effects 17 |
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| 129 | 129 | | from any use of geolocation data by the system; 18 |
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| 130 | 130 | | (7) any unlawful discrimination against or unlawful disparate impact 19 |
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| 131 | 131 | | on an individual or a group of individuals that has resulted or may result from the 20 |
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| 132 | 132 | | system; and 21 |
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| 133 | 133 | | (8) the policies and procedures that govern the process of using the 22 |
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| 134 | 134 | | system for consequential decisions. 23 |
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| 135 | 135 | | (b) A state agency that completes an impact assessment shall provide the 24 |
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| 136 | 136 | | assessment to the department, and the head of the agency shall consult with the 25 |
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| 137 | 137 | | commissioner of administration to determine future use of the system by the agency. 26 |
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| 138 | 138 | | Sec. 44.99.720. Requirements for use of artificial intelligence by state 27 |
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| 139 | 139 | | agencies. (a) A state agency that uses a system that employs generative artificial 28 |
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| 140 | 140 | | intelligence for consequential decisions shall 29 |
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| 141 | 141 | | (1) notify each individual who may be legally or significantly affected 30 |
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| 142 | 142 | | by the use of the system; 31 34-LS0037\A |
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| 146 | 146 | | (2) obtain an individual's consent before soliciting or acquiring 1 |
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| 147 | 147 | | sensitive personal data from or about the individual that will be used by the system; 2 |
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| 148 | 148 | | (3) provide an appeals process that includes manual human review for 3 |
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| 149 | 149 | | an individual who is legally or significantly affected by the use of the system; and 4 |
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| 150 | 150 | | (4) inform a prospective employee of the state agency about any video 5 |
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| 151 | 151 | | interview that involves the use of generative artificial intelligence and obtain the 6 |
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| 152 | 152 | | prospective employee's consent before employing generative artificial intelligence. 7 |
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| 153 | 153 | | (b) A state agency may not use a system that employs artificial intelligence for 8 |
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| 154 | 154 | | consequential decisions if the system involves 9 |
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| 155 | 155 | | (1) biometric identification, including facial recognition; 10 |
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| 156 | 156 | | (2) emotion recognition; 11 |
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| 157 | 157 | | (3) cognitive behavioral manipulation of individuals or groups; or 12 |
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| 158 | 158 | | (4) social scoring. 13 |
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| 159 | 159 | | (c) A state agency may not use a system that employs artificial intelligence for 14 |
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| 160 | 160 | | consequential decisions if the system uses data hosted in a country designated by 15 |
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| 161 | 161 | | regulation as a foreign adversary. 16 |
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| 162 | 162 | | (d) A state agency may contract with a person for a system that employs 17 |
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| 163 | 163 | | artificial intelligence for consequential decisions only if the person has implemented 18 |
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| 164 | 164 | | security and privacy controls as specified by the National Institute of Standards and 19 |
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| 165 | 165 | | Technology in Special Publication 800-53, Revision 5, published in September 2020 20 |
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| 166 | 166 | | or in regulations adopted by the department designating a publication revising or 21 |
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| 167 | 167 | | superseding Special Publication 800-53. 22 |
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| 168 | 168 | | Sec. 44.99.730. Transfer of data between state agencies. Unless required by 23 |
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| 169 | 169 | | law, a state agency may not transfer data about an individual to another state agency 24 |
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| 170 | 170 | | without giving notice to the individual. 25 |
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| 171 | 171 | | Sec. 44.99.740. Regulations. (a) The department shall adopt regulations under 26 |
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| 172 | 172 | | AS 44.62 (Administrative Procedure Act) concerning the development, procurement, 27 |
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| 173 | 173 | | implementation, use, and ongoing assessment of systems that employ generative 28 |
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| 174 | 174 | | artificial intelligence by state agencies for consequential decisions. The regulations 29 |
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| 175 | 175 | | must include, at a minimum, provisions that 30 |
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| 176 | 176 | | (1) govern the procurement, implementation, and ongoing assessment 31 34-LS0037\A |
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| 180 | 180 | | of each system; 1 |
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| 181 | 181 | | (2) require a state agency to conduct an impact assessment of each 2 |
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| 182 | 182 | | system under AS 44.99.710 before its implementation; 3 |
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| 183 | 183 | | (3) ensure that a system does not result in unlawful discrimination or 4 |
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| 184 | 184 | | an unlawful disparate impact on an individual or a group of individuals; 5 |
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| 185 | 185 | | (4) provide for the ongoing assessment of each system; and 6 |
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| 186 | 186 | | (5) designate countries that constitute foreign adversaries, considering 7 |
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| 187 | 187 | | determinations made by the United States. 8 |
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| 188 | 188 | | (b) The department may adopt additional regulations under AS 44.62 9 |
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| 189 | 189 | | (Administrative Procedure Act) necessary to implement AS 44.99.700 - 44.99.730. 10 |
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| 190 | 190 | | Sec. 44.99.750. Civil liability for harm. (a) An individual who suffers harm 11 |
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| 191 | 191 | | as a result of a violation of AS 44.99.700 - 44.99.730, a violation of a regulation 12 |
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| 192 | 192 | | adopted under AS 44.99.740, or gross negligence or reckless or intentional misconduct 13 |
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| 193 | 193 | | relating to the use of artificial intelligence by a state agency may bring a civil action in 14 |
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| 194 | 194 | | the superior court against the state agency. 15 |
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| 195 | 195 | | (b) An individual who suffers harm under (a) of this section may recover 16 |
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| 196 | 196 | | damages for the harm to the individual, punitive damages under AS 09.17.020, and 17 |
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| 197 | 197 | | full reasonable attorney fees and costs in a civil action brought under this section. 18 |
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| 198 | 198 | | (c) Nothing in this section authorizes an individual to bring a cause of action 19 |
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| 199 | 199 | | against a person other than a state agency. 20 |
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| 200 | 200 | | Sec. 44.99.760. Exemptions. (a) AS 44.99.710, 44.99.720(a), 44.99.720(b)(1), 21 |
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| 201 | 201 | | 44.99.730, and regulations adopted under AS 44.99.740(a) do not apply to systems 22 |
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| 202 | 202 | | that the Department of Public Safety uses for investigation of criminal offenses, 23 |
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| 203 | 203 | | missing persons, or other exigent circumstances. 24 |
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| 204 | 204 | | (b) Information collected under AS 44.99.700(a)(3) related to a system that 25 |
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| 205 | 205 | | the Department of Public Safety uses for investigation of criminal offenses, missing 26 |
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| 206 | 206 | | persons, or other exigent circumstances may not be included in the inventory 27 |
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| 207 | 207 | | published on the department's Internet website under AS 44.99.700(c) and is 28 |
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| 208 | 208 | | confidential and not subject to disclosure under AS 40.25.100 - 40.25.295 (Alaska 29 |
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| 209 | 209 | | Public Records Act). 30 |
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| 210 | 210 | | Sec. 44.99.770. Definitions. In AS 44.99.700 - 44.99.770, 31 34-LS0037\A |
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| 214 | 214 | | (1) "artificial intelligence" means generative artificial intelligence or 1 |
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| 215 | 215 | | rules-based artificial intelligence; 2 |
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| 216 | 216 | | (2) "biometric identification" means the analysis of an individual's 3 |
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| 217 | 217 | | physical or behavioral characteristics to uniquely identify the individual; 4 |
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| 218 | 218 | | (3) "cognitive behavioral manipulation" means the use of a subliminal 5 |
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| 219 | 219 | | technique for the purpose of influencing an individual's behavior to achieve a desired 6 |
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| 220 | 220 | | outcome; 7 |
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| 221 | 221 | | (4) "consequential decision" means a conclusion, decision, or 8 |
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| 222 | 222 | | judgment by a state agency that can affect an individual's legal rights, employment, 9 |
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| 223 | 223 | | finances, health, or licensure; 10 |
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| 224 | 224 | | (5) "department" means the Department of Administration; 11 |
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| 225 | 225 | | (6) "emotion recognition" means the analysis of an individual's bodily 12 |
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| 226 | 226 | | expressions, including facial and verbal expressions, to identify or predict the 13 |
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| 227 | 227 | | individual's emotions; 14 |
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| 228 | 228 | | (7) "generative artificial intelligence" means a machine-based system 15 |
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| 229 | 229 | | designed to operate with varying levels of autonomy that may exhibit adaptiveness 16 |
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| 230 | 230 | | after deployment and that, for explicit or implicit objectives, infers how to generate 17 |
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| 231 | 231 | | outputs from input the system receives; 18 |
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| 232 | 232 | | (8) "individual" means a natural person; 19 |
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| 233 | 233 | | (9) "rules-based artificial intelligence" means a computational program 20 |
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| 234 | 234 | | or algorithm designed to process information in a logical way that does not produce 21 |
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| 235 | 235 | | inferential output beyond its original programming and query parameters; 22 |
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| 236 | 236 | | (10) "sensitive personal data" means 23 |
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| 237 | 237 | | (A) data that reveals an individual's racial or ethnic origin, 24 |
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| 238 | 238 | | political opinions, or religious or philosophical beliefs; 25 |
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| 239 | 239 | | (B) an individual's genetic data; 26 |
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| 240 | 240 | | (C) an individual's biometric data when used for biometric 27 |
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| 241 | 241 | | identification; 28 |
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| 242 | 242 | | (D) an individual's geolocation data; 29 |
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| 243 | 243 | | (E) an individual's bank account information or financial 30 |
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| 244 | 244 | | records; or 31 34-LS0037\A |
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| 248 | 248 | | (F) an individual's social security number or another personal 1 |
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| 249 | 249 | | identifier issued to an individual by a government or institution; 2 |
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| 250 | 250 | | (11) "social scoring" means evaluating, classifying, rating, or scoring 3 |
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| 251 | 251 | | the trustworthiness or social standing of an individual based on behavior or 4 |
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| 252 | 252 | | socioeconomic, political, or religious status; 5 |
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| 253 | 253 | | (12) "state agency" means the University of Alaska, a public 6 |
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| 254 | 254 | | corporation of the state, or a department, institution, board, commission, division, 7 |
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| 255 | 255 | | authority, committee, or other administrative unit of the executive branch of state 8 |
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| 256 | 256 | | government. 9 |
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| 257 | 257 | | * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 10 |
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| 258 | 258 | | read: 11 |
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| 259 | 259 | | APPLICABILITY. AS 44.99.750, enacted by sec. 2 of this Act, applies to acts or 12 |
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| 260 | 260 | | omissions occurring on or after the effective date of this Act. 13 |
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