Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H90 Compare Versions

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22 HOUSE DOCKET, NO. 1861 FILED ON: 1/15/2025
33 HOUSE . . . . . . . . . . . . . . . No. 90
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Jay D. Livingstone
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act regulating provenance regarding artificial intelligence.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Jay D. Livingstone8th Suffolk1/15/2025 1 of 3
1616 HOUSE DOCKET, NO. 1861 FILED ON: 1/15/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 90
1818 By Representative Livingstone of Boston, a petition (accompanied by bill, House, No. 90) of Jay
1919 D. Livingstone relative to provenance regarding artificial intelligence. Advanced Information
2020 Technology, the Internet and Cybersecurity.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Fourth General Court
2424 (2025-2026)
2525 _______________
2626 An Act regulating provenance regarding artificial intelligence.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 93 of the General Laws, as appearing in the 2022 Official Edition,
3030 2is hereby amended by adding the following section:-
3131 3 Section 115. Provence Regarding Artificial Intelligence
3232 4 Artificial Intelligence or “AI” – a machine-based system that, for explicit or implicit
3333 5objectives, infers, from the input it receives, how to generate outputs such as predictions,
3434 6content, recommendations, or decisions that can influence physical or virtual environments.
3535 7Different AI systems vary in their levels of autonomy and adaptiveness after deployment.
3636 8 Capture Device – a device that can record photographs, audio, or video content,
3737 9including, but not limited to, video and still photography cameras, mobile phones with built-in
3838 10cameras or microphones, and voice recorders.
3939 11 Content – any visual and/or audio digital content. 2 of 3
4040 12 GenAI Model – an AI model designed to generate new data or content based on the
4141 13patterns or structures from its training data. For clarity, this does not include non-generative
4242 14capabilities like classification, predictions or labeling.
4343 15 GenAI Provider – an organization that develops a GenAI Tool that is made publicly
4444 16available for use by Massachusetts residents.
4545 17 GenAI Tool – a product or feature that provides the outputs from a GenAI model to end
4646 18users.
4747 19 Large Online Platform – a public-facing social media platform, content-sharing platform,
4848 20messaging platform, advertising network, or standalone search engine that distributes content to
4949 21users who did not create or collaborate in creating the content.
5050 22 Provenance Application Tool – a tool or online service that allows users to easily apply
5151 23Provenance Data.
5252 24 Provenance Data – information such as the origin of a piece of Content and the history of
5353 25modifications to the Content – that is in a format which is compliant with widely-adopted
5454 26guidelines or specifications promulgated by an established standards-setting body, and which
5555 27includes but is not limited to: (a) whether some or all of the content is Synthetic Content; and (b)
5656 28when there is synthetic Content, the name of the GenAI Provider whose GenAI Tool generated
5757 29the Synthetic Content.
5858 30 Provenance Reader – a tool or service that allows users to view Provenance Data and its
5959 31integrity. 3 of 3
6060 32 Synthetic Content – visual and/or audio Content that has been produced or modified by a
6161 33GenAI Tool.
6262 34 A GenAI Provider shall apply Provenance Data, either directly or through the use of
6363 35third-party technology, to wholly-generated Synthetic Content generated by the GenAI
6464 36Provider’s GenAI Tool.
6565 37 A GenAI Provider shall make available a Provenance Application Tool that enables the
6666 38user to apply Provenance Data, either directly or through the use of third-party technology, to
6767 39Content that has been modified to include Synthetic Content.
6868 40 A GenAI Provider shall make available to the public, a Provenance Reader.
6969 41 A Large Online Platform shall (a) retain any available Provenance Data in Content
7070 42provided to, or posted on, such Large Online Platform; and (b) make available to a consumer of
7171 43Content either (1) the Provenance Data; or (2) a conspicuous indicator that Provenance Data is
7272 44available, or both.
7373 45 A Capture Device must (a) include in the Device’s default capture app the ability for a
7474 46user to enable the inclusion of Provenance Data in the user’s captured Content (b) Ensure secure
7575 47hardware-based provenance capture is available to 3rd party applications.