Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H90 Latest Draft

Bill / Introduced Version Filed 02/27/2025

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