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12 | 20 | | AN ACT CONCERNING ARTIFICIAL INTELLIGENCE, DECEPTIVE |
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13 | 21 | | SYNTHETIC MEDIA AND ELECTIONS. |
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14 | 22 | | Be it enacted by the Senate and House of Representatives in General |
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15 | 23 | | Assembly convened: |
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16 | 24 | | |
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17 | 25 | | Section 1. (NEW) (Effective July 1, 2024) (a) As used in this section: 1 |
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18 | 26 | | (1) "Artificial intelligence" means a machine-based system that (A) 2 |
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19 | 27 | | can, for a given set of human-defined objectives, make predictions, 3 |
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20 | 28 | | recommendations or decisions influencing real or virtual environments, 4 |
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21 | 29 | | and (B) uses machine and human-based inputs to (i) perceive real and 5 |
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22 | 30 | | virtual environments, (ii) abstract such perceptions into models through 6 |
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23 | 31 | | analysis in an automated manner, and (iii) formulate options for 7 |
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24 | 32 | | information or action through model inference; 8 |
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25 | 33 | | (2) "Candidate" means any individual who seeks nomination for 9 |
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26 | 34 | | election, or election, to public office whether or not such individual is 10 |
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27 | 35 | | elected; 11 |
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28 | 36 | | (3) "Deceptive synthetic media" means any image, audio or video of 12 |
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40 | 49 | | (4) "Election" has the same meaning as provided in section 9-1 of the 20 |
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41 | 50 | | general statutes; 21 |
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42 | 51 | | (5) "Individual" means a human being; 22 |
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43 | 52 | | (6) "Person" has the same meaning as provided in section 9-601 of the 23 |
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44 | 53 | | general statutes; and 24 |
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45 | 54 | | (7) "Primary" has the same meaning as provided in section 9-372 of 25 |
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46 | 55 | | the general statutes. 26 |
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47 | 56 | | (b) Except as provided in subsection (c) of this section, no person shall 27 |
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48 | 57 | | distribute, or enter into any agreement to distribute, a communication 28 |
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49 | 58 | | containing any image, audio or video of an individual during the 29 |
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50 | 59 | | ninety-day period preceding any election or primary if: 30 |
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51 | 60 | | (1) Such person knows or should reasonably know that such image, 31 |
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52 | 61 | | audio or video is deceptive synthetic media; 32 |
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53 | 62 | | (2) The communication containing such deceptive synthetic media is 33 |
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54 | 63 | | distributed without the consent of such individual; and 34 |
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55 | 64 | | (3) Such distribution is intended to injure a candidate or influence the 35 |
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56 | 65 | | result of such election or primary. 36 |
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57 | 66 | | (c) A person may distribute, or enter into an agreement to distribute, 37 |
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58 | 67 | | a communication containing deceptive synthetic media during the 38 |
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59 | 68 | | ninety-day period preceding a primary or election if: 39 |
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60 | 69 | | (1) For such deceptive synthetic media that: 40 |
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70 | 80 | | communication, and (ii) in the case of any such image that was 46 |
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71 | 81 | | generated by editing or manipulating an existing image, a citation 47 |
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72 | 82 | | directing such viewer to the original source from which the unedited or 48 |
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73 | 83 | | unmanipulated version of such existing image was obtained; 49 |
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74 | 84 | | (B) Consists only of audio, (i) a disclaimer stating "This 50 |
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75 | 85 | | communication contains audio that has been manipulated" is read in a 51 |
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76 | 86 | | clearly spoken manner, in a pitch that can be easily heard by the average 52 |
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77 | 87 | | listener and in the same language as the deceptive synthetic media and 53 |
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78 | 88 | | any other language such person should reasonably expect such listener 54 |
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79 | 89 | | to speak or understand, and which disclaimer shall be so read at the 55 |
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80 | 90 | | beginning of such communication, at the end of such communication 56 |
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81 | 91 | | and, if such communication is greater than one minute in length, 57 |
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82 | 92 | | interspersed within such communication at not less frequently than 58 |
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83 | 93 | | thirty-second intervals, and (ii) in the case of any such audio that was 59 |
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84 | 94 | | generated by editing or manipulating existing audio, a citation directing 60 |
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85 | 95 | | such listener to the original source from which the unedited or 61 |
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86 | 96 | | unmanipulated version of such existing audio was obtained; or 62 |
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87 | 97 | | (C) Is a video, (i) a disclaimer stating "This communication contains 63 |
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88 | 98 | | video that has been manipulated" appears in text that is clearly visible 64 |
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89 | 99 | | to and easily readable by the average viewer, is not smaller than the 65 |
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90 | 100 | | largest font size of any other text appearing in such communication and 66 |
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106 | 117 | | television company, holder of a certificate of cable franchise authority 78 |
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107 | 118 | | or holder of a certificate of video franchise authority, as those terms are 79 |
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108 | 119 | | defined in section 16-1 of the general statutes, that (i) broadcasts such 80 |
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109 | 120 | | communication containing deceptive synthetic media as part of a bona 81 |
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110 | 121 | | fide newscast, news interview, news documentary or other on-the-spot 82 |
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111 | 122 | | coverage of bona fide news events, (ii) (I) retains the disclaimer upon 83 |
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112 | 123 | | such communication required under subdivision (1) of this subsection, 84 |
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113 | 124 | | or (II) except in the case of any such on-the-spot coverage, adds such a 85 |
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114 | 125 | | disclaimer at the time of such broadcast if such communication did not 86 |
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115 | 126 | | previously include such a disclaimer, and (iii) except in the case of any 87 |
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116 | 127 | | such on-the-spot coverage for which such person does not have reason 88 |
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117 | 128 | | to believe that such communication contains deceptive synthetic media, 89 |
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118 | 129 | | clearly states in the content of such broadcast that such communication 90 |
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119 | 130 | | contains deceptive synthetic media; or 91 |
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120 | 131 | | (B) An Internet web site or regularly published newspaper, magazine 92 |
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121 | 132 | | or other periodical of general circulation, including, but not limited to, 93 |
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122 | 133 | | any regularly published periodical of general circulation that is 94 |
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123 | 134 | | published electronically or on the Internet, that (i) publishes such 95 |
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124 | 135 | | communication containing deceptive synthetic media as part of such 96 |
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125 | 136 | | person's routine carriage of news and commentary of general interest, 97 |
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126 | 137 | | (ii) (I) retains the disclaimer upon such communication required under 98 |
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127 | 138 | | subdivision (1) of this subsection, or (II) adds such a disclaimer at the 99 |
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128 | 139 | | time of such publication if such communication did not previously 100 |
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129 | 140 | | include such a disclaimer, and (iii) clearly states in the content of such 101 |
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130 | 141 | | publication that such communication contains deceptive synthetic 102 |
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131 | 142 | | media. 103 |
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132 | 143 | | (d) (1) Any person who violates the provisions of this section shall be 104 |
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133 | 144 | | guilty of a class C misdemeanor, except that: 105 |
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134 | 145 | | (A) If such violation was committed with the intent to cause violence 106 |
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142 | 154 | | (B) If such violation was committed less than five years after a prior 110 |
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143 | 155 | | conviction under this section, such person shall be guilty of a class D 111 |
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144 | 156 | | felony. 112 |
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145 | 157 | | (2) Any penalty imposed under subdivision (1) of this subsection 113 |
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146 | 158 | | shall be in addition to any injunctive or other equitable relief or any 114 |
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147 | 159 | | general or special damages ordered under subsection (e) of this section. 115 |
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148 | 160 | | (e) (1) (A) The Attorney General, an individual described in 116 |
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149 | 161 | | subsection (b) of this section, or a candidate who has been or is likely to 117 |
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150 | 162 | | be injured by the distribution of a communication containing deceptive 118 |
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151 | 163 | | synthetic media in violation of the provisions of this section, may 119 |
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152 | 164 | | commence a civil action in a court of competent jurisdiction seeking to 120 |
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153 | 165 | | permanently enjoin any person whose violation of the provisions of this 121 |
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154 | 166 | | section is reasonably believed to be imminent, or who is in the course of 122 |
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155 | 167 | | violating the provisions of this section, and other equitable relief. 123 |
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156 | 168 | | (B) An individual described in subsection (b) of this section, or a 124 |
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157 | 169 | | candidate who has been injured by the distribution of a communication 125 |
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158 | 170 | | containing deceptive synthetic media in violation of the provisions of 126 |
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159 | 171 | | this section, may commence a civil action in a court of competent 127 |
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160 | 172 | | jurisdiction seeking to recover general or special damages resulting 128 |
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161 | 173 | | from such distribution. 129 |
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162 | 174 | | (2) In any civil action commenced under subdivision (1) of this 130 |
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163 | 175 | | subsection, the plaintiff shall bear the burden of proving by clear and 131 |
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164 | 176 | | convincing evidence that the defendant distributed, or will imminently 132 |
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165 | 177 | | distribute, a communication containing deceptive synthetic media in 133 |
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166 | 178 | | violation of the provisions of this section. 134 |
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167 | 179 | | (3) Any party, other than the Attorney General, who prevails in a civil 135 |
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168 | 180 | | action commenced under subdivision (1) of this subsection shall be 136 |
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