Illinois 2023-2024 Regular Session

Illinois House Bill HB5321 Latest Draft

Bill / Introduced Version Filed 02/09/2024

                            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.
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    LRB103 38172 SPS 68305 b
A BILL FOR

 

 

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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,

 

 

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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

 

 

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