SB 177: "An Act relating to artificial intelligence; requiring disclosure of deepfakes in campaign communications; relating to cybersecurity; and relating to data privacy."
00 SENATE BILL NO. 177 01 "An Act relating to artificial intelligence; requiring disclosure of deepfakes in campaign 02 communications; relating to cybersecurity; and relating to data privacy." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 15.13 is amended by adding a new section to read: 05 Sec. 15.13.093. Deepfake disclosure statement. (a) If a person knows or 06 reasonably should know that a communication includes a deepfake depicting a 07 candidate or political party in a manner intended to injure the reputation of the 08 candidate or party or otherwise deceive a voter, the person shall include the following 09 statement with the communication: "This communication has been manipulated or 10 generated by artificial intelligence." In a communication that includes an audio 11 component, the statement must be read in a manner that is easily heard. If the 12 communication includes a print or video component, the statement must be placed in 13 the communication so the statement is easily discernible, and, for a broadcast, cable, 14 satellite, Internet, or other digital communication, the statement must remain onscreen
01 throughout the entirety of the communication. 02 (b) In this section, "deepfake" means an image, audio recording, or video 03 recording of an individual's appearance, conduct, or spoken words that has been 04 created or manipulated with machine learning, natural language processing, or another 05 computational processing technique of similar or greater complexity in a manner to 06 create a realistic but false image, audio, or video that 07 (1) appears to a reasonable person to depict a real individual saying or 08 doing something that did not actually occur; or 09 (2) provides a fundamentally different understanding or impression of 10 an individual's appearance, conduct, or spoken words than the understanding a 11 reasonable person would have from an unaltered, original version of the media. 12 * Sec. 2. AS 44.99 is amended by adding new sections to read: 13 Article 7. Use by State Agencies of Artificial Intelligence and Data about Individuals. 14 Sec. 44.99.700. Inventory. (a) Every two years, the department shall conduct 15 an inventory of all systems used by state agencies that employ artificial intelligence 16 for consequential decisions. Each state agency shall assist the department as necessary. 17 An inventory must include, at a minimum, the following information for each system: 18 (1) the name of the system; 19 (2) the vendor that provides the system, if any; 20 (3) a description of the general capabilities and uses of the system; and 21 (4) whether the state agency completed an impact assessment of the 22 system under AS 44.99.710 before the system's implementation. 23 (b) Upon completion, the department shall publish each inventory on the 24 department's Internet website. 25 Sec. 44.99.710. Impact assessments. (a) At least once every two years, the 26 head of a state agency that uses a system that employs artificial intelligence for 27 consequential decisions shall conduct an impact assessment of the system. An impact 28 assessment must include, at a minimum, an analysis of 29 (1) the efficacy of the system; 30 (2) the human oversight involved in the system; 31 (3) the accountability mechanisms in place for the system;
01 (4) the process by which an individual may appeal a decision made or 02 facilitated by the system; 03 (5) the current and potential benefits, liability, and risks to the state 04 from the system, including risks related to cybersecurity and intellectual property and 05 any measures used to mitigate liability and risks; 06 (6) the current and potential effects of the system on the liberty, 07 finances, livelihood, and privacy interests of individuals in the state, including effects 08 from any use of geolocation data by the system; 09 (7) any unlawful discrimination against or unlawful disparate impact 10 on an individual or a group of individuals that has resulted or may result from the 11 system; and 12 (8) the policies and procedures that govern the process of using the 13 system for consequential decisions. 14 (b) Upon completion, the state agency that conducts the impact assessment 15 shall provide the assessment to the department. Upon receiving an assessment, the 16 department shall publish the assessment on the department's Internet website. 17 Sec. 44.99.720. Requirements for use of artificial intelligence by state 18 agencies. (a) A state agency that uses a system that employs artificial intelligence for 19 consequential decisions shall 20 (1) notify each individual who may be legally or significantly affected 21 by the use of the system; 22 (2) obtain an individual's consent before soliciting or acquiring 23 sensitive personal data about the individual that will be used by the system; 24 (3) provide an appeals process that includes manual human review for 25 an individual who is legally or significantly affected by the use of the system; and 26 (4) inform a prospective employee of the state agency about any video 27 interview that involves the use of artificial intelligence and obtain the prospective 28 employee's consent before employing artificial intelligence. 29 (b) A state agency may not use a system that employs artificial intelligence for 30 consequential decisions if the system involves 31 (1) biometric identification, including facial recognition;
01 (2) emotion recognition; 02 (3) cognitive behavioral manipulation of individuals or groups; or 03 (4) social scoring. 04 (c) A state agency may not use a system that employs artificial intelligence for 05 consequential decisions if the system uses data hosted in 06 (1) the People's Republic of China, including the Hong Kong Special 07 Administrative Region and Macao Special Administrative Region; 08 (2) the Republic of Cuba; 09 (3) the Islamic Republic of Iran; 10 (4) the Democratic People's Republic of Korea; 11 (5) the Russian Federation; or 12 (6) the Bolivarian Republic of Venezuela under the regime of Nicolás 13 Maduro Moros. 14 (d) A state agency may contract with a person for a system that employs 15 artificial intelligence for consequential decisions only if the person has implemented 16 multi-factor authentication to secure the system and data stored by the system. 17 Sec. 44.99.730. Transfer of data between state agencies. Unless required by 18 law, a state agency may not transfer data about an individual to another state agency 19 without the individual's consent. 20 Sec. 44.99.740. Regulations. (a) The department shall adopt regulations under 21 AS 44.62 (Administrative Procedure Act) concerning the development, procurement, 22 implementation, use, and ongoing assessment of systems that employ artificial 23 intelligence by state agencies for consequential decisions. The regulations must 24 include, at a minimum, provisions that 25 (1) govern the procurement, implementation, and ongoing assessment 26 of each system; 27 (2) require a state agency to conduct an impact assessment of each 28 system under AS 44.99.710 before its implementation; 29 (3) ensure that a system does not result in unlawful discrimination or 30 an unlawful disparate impact on an individual or a group of individuals; and 31 (4) provide for the ongoing assessment of each system.
01 (b) The department may adopt additional regulations under AS 44.62 02 (Administrative Procedure Act) necessary to implement AS 44.99.700 - 44.99.730. 03 Sec. 44.99.750. Civil liability for harm. (a) An individual who suffers harm 04 as a result of a violation of AS 44.99.700 - 44.99.730, a violation of a regulation 05 adopted under AS 44.99.740, or gross negligence or reckless or intentional misconduct 06 relating to the use of artificial intelligence by a state agency or state employee may 07 bring a civil action in the superior court against the state or state employee. 08 (b) An individual who suffers harm under (a) of this section may recover 09 damages for the harm to the individual, punitive damages under AS 09.17.020, and 10 full reasonable attorney fees and costs in a civil action brought under this section. 11 Sec. 44.99.760. Definitions. In AS 44.99.700 - 44.99.760, 12 (1) "artificial intelligence" means an automated system that uses data 13 input, human-defined objectives, and machine learning, natural language processing, 14 or other computational processing techniques of similar or greater complexity to make 15 a decision or facilitate human decision making; 16 (2) "biometric identification" means the analysis of an individual's 17 physical or behavioral characteristics to uniquely identify the individual; 18 (3) "cognitive behavioral manipulation" means the use of a subliminal 19 technique for the purpose of influencing an individual's behavior to achieve a desired 20 outcome; 21 (4) "consequential decision" means a conclusion, decision, or 22 judgment by a state agency that can have a legal or significant effect on an individual; 23 (5) "department" means the Department of Administration; 24 (6) "emotion recognition" means the analysis of an individual's bodily 25 expressions, including facial and verbal expressions, to identify or predict the 26 individual's emotions; 27 (7) "individual" means a natural person; 28 (8) "sensitive personal data" means 29 (A) data that reveals an individual's racial or ethnic origin, 30 political opinions, or religious or philosophical beliefs; 31 (B) an individual's genetic data;
01 (C) an individual's biometric data when used for biometric 02 identification; or 03 (D) an individual's geolocation data; 04 (9) "social scoring" means evaluating, classifying, rating, or scoring 05 the trustworthiness or social standing of an individual based on behavior or 06 socioeconomic, political, or religious status; 07 (10) "state agency" means the University of Alaska, a public 08 corporation of the state, or a department, institution, board, commission, division, 09 authority, committee, or other administrative unit of the executive branch of state 10 government.