Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H72 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 2298 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 72
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jay D. Livingstone
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to protect against deep fakes used to facilitate criminal or torturous conduct.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/18/2023 1 of 4
16	16	HOUSE DOCKET, NO. 2298 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 72
18	18	By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 72) of Jay
19	19	D. Livingstone for legislation to establish a Massachusetts state deepfake and digital provenance
20	20	task force (including members of the General Court) to protect against deep fakes used to
21	21	facilitate criminal or torturous conduct. Advanced Information Technology, the Internet and
22	22	Cybersecurity.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act to protect against deep fakes used to facilitate criminal or torturous conduct.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1.
32	32	2 (a) Definitions — The following definitions shall apply to this measure:
33	33	3 (1) Digital Content Provenance- The term “digital content provenance” means the
34	34	4verifiable chronology of the original piece of digital content, such as an image, video, audio
35	35	5recording, or electronic document.
36	36	6 (2) Digital Content Forgery – The term “digital content forgery” means the use of
37	37	7technologies, including artificial intelligence and machine learning techniques, to fabricate or
38	38	8manipulate audio, visual, or text content with the intent to mislead.
39	39	9 (3) Task Force—the term “task force” means the (Title of the working group/taskforce)
40	40	10established in Section 2. 2 of 4
41	41	11 SECTION 2.
42	42	12 (a) The Governor shall appoint a “Massachusetts State Deepfake and Digital Provenance
43	43	13Task Force” and designate the chairperson of that group on or before July 1, 2023, to evaluate all
44	44	14of the following:
45	45	15 (1) The proliferation of deepfakes impacting state government, Massachusetts-based
46	46	16businesses, and residents.
47	47	17 (2) The risks, including privacy risks, associated with the deployment of digital content
48	48	18forgery technologies and deepfakes on Massachusetts State and local government, businesses,
49	49	19and Massachusetts residents.
50	50	20 (3) The impact of digital content forgery technologies and deepfakes on civic
51	51	21engagement, including voters.
52	52	22 (4) The legal implications associated with the use of digital content forgery technologies
53	53	23and deepfakes.
54	54	24 (5) The best practices for preventing digital content forgery and deepfake technology to
55	55	25benefit the State of Massachusetts, Massachusetts-based businesses, and Massachusetts residents.
56	56	26 (b) The task force shall consist of participants from all of the following:
57	57	27 (1) The governor shall appoint:
58	58	28 a. Three appointees from private industry, with at least two having a technical focus that
59	59	29includes digital content, media manipulation, or related subjects. 3 of 4
60	60	30 b. Two appointees with a background in law chosen in consultation with the Attorney
61	61	31General.
62	62	32 c. Two appointees representing consumer organizations
63	63	33 (2) The Speaker of the House and Senate President shall each appoint the following:
64	64	34 a. One appointee from private industry, having a technical focus that includes digital
65	65	35content, media manipulation, or related subjects.
66	66	36 b. One Majority and One Minority Member of their respective chambers
67	67	37 (4) The Secretary of the Executive Office of Technology Services and Security, or his or
68	68	38her designee.
69	69	39 (5) Secretary of Administration and Finance, or his or her designee.
70	70	40 (c) The deepfake task force shall take input from a broad range of stakeholders with a
71	71	41diverse range of interests affected by state policies governing emerging technologies, privacy,
72	72	42business, the courts, the legal community, and state government.
73	73	43 (d) The Deepfake and Digital Provenance Task Force shall develop a coordinated plan to-
74	74	44 (1) Reduce the proliferation and impact of digital content forgeries and deepfakes,
75	75	45including by exploring how the adoption of a digital content provenance standard could assist
76	76	46with reducing the proliferation of digital content forgeries and deepfakes;
77	77	47 (2) Investigate the feasibility of, and obstacles to, Massachusetts state departments
78	78	48standards and technologies for determining digital content provenance; 4 of 4
79	79	49 (3) Investigate the feasibility of conducting a public, consumer education campaign to
80	80	50Increase the ability of internet companies, journalists, watchdog organization, other relevant
81	81	51entities, and members of the public to meaningfully scrutinized and identify digital content
82	82	52forgeries and relay trust and information about digital content provenance to content consumers;
83	83	53 (4) Develop or identify mechanisms for content creators to do the following:
84	84	54 (i) Cryptographically certify authenticity of original media and non-deceptive
85	85	55manipulations; and
86	86	56 (ii) Enable the public to validate the authenticity of original media and non-deceptive
87	87	57manipulations to establish content provenance; and
88	88	58 (e) On or before January 1, 2024, the “Deepfake and Digital Provenance Task Force”
89	89	59shall report to the Legislature on the potential uses, risks of deepfake technology by state
90	90	60government and Massachusetts-based businesses.
91	91	61 (1) The working group’s report shall include recommendations for modifications to the
92	92	62definition of digital content forgery and deepfakes and recommendations for amendments to
93	93	63other code sections that may be impacted by the deployment of digital content forgery
94	94	64technologies and deepfakes.
95	95	65 (f) The members of the working group shall serve without compensation but shall be
96	96	66reimbursed for all necessary expenses actually incurred in the performance of their duties.
97	97	67 (g) Upon the submission of the report, the Task Force shall sunset.