103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5321 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 815 ILCS 505/2EEEE new Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that each generative artificial intelligence system and artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated content shall include on the AI-generated content a clear and conspicuous disclosure that satisfies specified criteria. Provides that any entity that develops a generative artificial intelligence system and third-party licensee of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of the system without the required disclosures. Provides that a violation of the provisions constitutes an unlawful practice within the meaning of the Act. LRB103 38172 SPS 68305 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5321 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 815 ILCS 505/2EEEE new 815 ILCS 505/2EEEE new Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that each generative artificial intelligence system and artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated content shall include on the AI-generated content a clear and conspicuous disclosure that satisfies specified criteria. Provides that any entity that develops a generative artificial intelligence system and third-party licensee of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of the system without the required disclosures. Provides that a violation of the provisions constitutes an unlawful practice within the meaning of the Act. LRB103 38172 SPS 68305 b LRB103 38172 SPS 68305 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5321 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 815 ILCS 505/2EEEE new 815 ILCS 505/2EEEE new 815 ILCS 505/2EEEE new Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that each generative artificial intelligence system and artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated content shall include on the AI-generated content a clear and conspicuous disclosure that satisfies specified criteria. Provides that any entity that develops a generative artificial intelligence system and third-party licensee of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of the system without the required disclosures. Provides that a violation of the provisions constitutes an unlawful practice within the meaning of the Act. LRB103 38172 SPS 68305 b LRB103 38172 SPS 68305 b LRB103 38172 SPS 68305 b A BILL FOR HB5321LRB103 38172 SPS 68305 b HB5321 LRB103 38172 SPS 68305 b HB5321 LRB103 38172 SPS 68305 b 1 AN ACT concerning business. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Consumer Fraud and Deceptive Business 5 Practices Act is amended by adding Section 2EEEE as follows: 6 (815 ILCS 505/2EEEE new) 7 Sec. 2EEEE. Artificial intelligence labeling. 8 (a) As used in this Section: 9 "AI-generated content" means means image, video, audio, 10 multimedia, or text content that is substantially created or 11 modified by a generative artificial intelligence system such 12 that the use of the system materially alters the meaning or 13 significance that a reasonable person would take away from the 14 content. 15 "Artificial intelligence chatbot" means generative 16 artificial intelligence system with which users can interact 17 by or through an interface that approximates or simulates 18 conversation. 19 "Clear and conspicuous" with respect to a disclosure, 20 means that the disclosure meets the following criteria: 21 (1) for any content that is solely visual or solely 22 audible, the disclosure is made through the same means 23 through which the content is presented; 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5321 Introduced , by Rep. Abdelnasser Rashid SYNOPSIS AS INTRODUCED: 815 ILCS 505/2EEEE new 815 ILCS 505/2EEEE new 815 ILCS 505/2EEEE new Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that each generative artificial intelligence system and artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated content shall include on the AI-generated content a clear and conspicuous disclosure that satisfies specified criteria. Provides that any entity that develops a generative artificial intelligence system and third-party licensee of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of the system without the required disclosures. Provides that a violation of the provisions constitutes an unlawful practice within the meaning of the Act. LRB103 38172 SPS 68305 b LRB103 38172 SPS 68305 b LRB103 38172 SPS 68305 b A BILL FOR 815 ILCS 505/2EEEE new LRB103 38172 SPS 68305 b HB5321 LRB103 38172 SPS 68305 b HB5321- 2 -LRB103 38172 SPS 68305 b HB5321 - 2 - LRB103 38172 SPS 68305 b HB5321 - 2 - LRB103 38172 SPS 68305 b 1 (2) for any content that is both visual and audible, 2 the disclosure is visual and audible; 3 (3) for a visual disclosure, the disclosure, by its 4 size, contrast, location, the length of time it appears, 5 and other characteristics, stands out from any 6 accompanying text or other visual elements so that the 7 disclosure is easily noticed, read, and understood; 8 (4) for an audible disclosure, the disclosure is 9 delivered in a volume, speed, and cadence sufficient for a 10 reasonable person to easily hear and understand the 11 disclosure; 12 (5) the disclosure is not be avoidable; 13 (6) the disclosure uses diction and syntax 14 understandable to a reasonable person; and 15 (7) the disclosure is not be contradicted, mitigated 16 by, or inconsistent with anything else in the 17 communication. 18 "Generative artificial intelligence system" means any 19 system that uses artificial intelligence to generate or 20 substantially modify image, video, audio, multimedia, or text 21 content. 22 "Metadata" has the meaning ascribed to that term in 44 23 U.S.C. 3502. 24 "Platform" has the meaning ascribed to the term in the 25 "interactive computer service" in 47 U.S.C. 230(f). 26 (b) Each generative artificial intelligence system that, HB5321 - 2 - LRB103 38172 SPS 68305 b HB5321- 3 -LRB103 38172 SPS 68305 b HB5321 - 3 - LRB103 38172 SPS 68305 b HB5321 - 3 - LRB103 38172 SPS 68305 b 1 using any means or facility of interstate or foreign commerce, 2 produces image, video, audio, or multimedia AI-generated 3 content shall include on the AI-generated content a clear and 4 conspicuous disclosure that meets the following criteria: 5 (1) the disclosure shall include a clear and 6 conspicuous notice, as appropriate for the medium of the 7 content, that identifies the content as AI-generated 8 content; 9 (2) the output's metadata information shall include an 10 identification of the content as being AI-generated 11 content, the identity of the tool used to create the 12 content, and the date and time the content was created; 13 and 14 (3) the disclosure shall, to the extent technically 15 feasible, be permanent or unable to be easily removed by 16 subsequent users. 17 (c) Each artificial intelligence system that, using any 18 means or facility of interstate or foreign commerce, produces 19 text AI-generated content, including through an artificial 20 intelligence chatbot, shall include a clear and conspicuous 21 disclosure that identifies the content as AI-generated content 22 and that is, to the extent technically feasible, permanent or 23 unable to be easily removed by subsequent users. 24 (d) Any entity that develops a generative artificial 25 intelligence system shall implement reasonable procedures to 26 prevent downstream use of the system without the disclosures HB5321 - 3 - LRB103 38172 SPS 68305 b HB5321- 4 -LRB103 38172 SPS 68305 b HB5321 - 4 - LRB103 38172 SPS 68305 b HB5321 - 4 - LRB103 38172 SPS 68305 b HB5321 - 4 - LRB103 38172 SPS 68305 b