Legislature(2023 - 2024)GRUENBERG 120
03/19/2024 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB306 | |
| HB225 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 306 | TELECONFERENCED | |
| *+ | HB 225 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 306-AI, DEEPFAKES, CYBERSECURITY, DATA XFERS
3:03:55 PM
CHAIR SHAW announced that the first order of business would be
HOUSE BILL NO. 306, "An Act relating to artificial intelligence;
requiring disclosure of deepfakes in campaign communications;
relating to cybersecurity; and relating to data privacy."
3:04:18 PM
JOSH APPLEBEE, House Majority Staff, Alaska State Legislature,
on behalf of the bill sponsor, House State Affairs by request,
provided a sponsor statement for HB 306 [included in the
committee packet], which read as follows [original punctuation
provided]:
HB 306 establishes policy for Artificial Intelligence
(AI) use by state agencies to ensure transparent and
fair practices to protect Alaskans as well as requires
disclosure on political deepfakes to inform Alaskans
when campaign information is altered with the
intention to mislead.
With the increasing availability of AI to streamline
work processes, transparency, and guidelines for the
use of AI by state agencies is paramount to ensure
appropriate deployment and to protect Alaskans from
potential harm. By requiring human
oversight/responsibility for AI, a publicly posted
inventory of AI in use by state agencies, and regular
impact assessments that include a review and public
report of benefits, liabilities, risks, accountability
mechanisms in place, decision appeal processes, and
effects on the liberty, finances, livelihood and
privacy interest of individuals among other items HB
306 will ensure AI is working for the people of Alaska
appropriately.
HB 306 ensures the public will know when AI is
employed by state agencies regarding the collection
and processing of personal data and the generation of
decisions. The bill provides important and necessary
safeguards but also methods of recourse if the use of
AI causes harm to an individual. Decisions pertaining
to hiring practices, eligibility for services, license
qualification, and more, are no small matters; they
impact lives.
AI use will also be regulated in relation to
"synthetic media" or "political deepfakes"
disseminated to the public, including for election and
campaign use. The generation of audio, still-imagery,
or video that is designed to create a fabricated or
intentionally manipulated account of an individual's
appearance, speech, or conduct is a fairly new
phenomenon. When these digital alterations of a
person, however, are employed to spread false
information with malevolent intentions to deceive the
public, it is time for lawmakers to take up the
matter. With easily accessible AI available to develop
deepfakes, the likelihood of their creation during the
2024 election cycle is inevitable.
HB 306 requires a clear disclosure on a political
deepfake that the communication has been manipulated
by AI. AI is the new digital frontier, and as the
rapidly emerging technology can offer efficiencies and
solutions for the workplace and ease of use even for
non-tech savvy individuals, we will see it play an
increasing role in work activities and in political
communications.
The goal of HB 306 is to set appropriate parameters
for state agency use of AI and to protect Alaskans.
MR. APPLEBEE reported that artificial intelligence (AI) lobbying
has increased 185 percent between 2022 and 2023 with over 450
organizations participating. He said that HB 306 was drafted to
safeguard against bad actors and gain benefits of what
artificial intelligence (AI) technology has to offer.
Transparency and guidelines for AI usage are needed to ensure
appropriate deployment to protect Alaskans from potential harm.
He said HB 306 would create human oversight of AI and create a
publicly posted inventory of AI use by state agencies and manage
regular impact assessments including review and public report of
benefits, liabilities, risks, and AI's affects on the privacy
interests of individuals.
MR. APPLEBEE explained that HB 306 would employ methods of
recourse if the use of AI causes harm to an individual. He said
HB 306 requires the disclosure of political "deepfakes" when
campaign information is altered by AI technology. The Federal
Communications Commission (FCC) recently made AI generated
voices and robocalls illegal. With accessible AI tools, it has
never been easier to create "deepfakes," and the likelihood of
their creation during the upcoming election cycle is inevitable.
MR. APPLEBEE reported that many major technology ("tech")
companies signed a pact to voluntarily adopt reasonable
precautions to prevent AI tools from being used to disrupt
democratic elections around the world. U.S. Senator Lisa
Murkowski introduced a pact to require disclaimers on political
ads with images, audio, or video, that are substantially
generated by AI. Similarly, he said, HB 306 would require a
clear disclosure that demonstrates that the communication has
been manipulated by AI.
3:08:45 PM
SEAN MILLS, House Majority Staff, Alaska State Legislature, as
co-presenter on behalf of the bill sponsor, House State Affairs
by request, provided information about how AI is regulated in
other states. He said 18 states enacted legislation associated
with AI in 2023. He exemplified Connecticut, which requires an
inventory of all AI systems that state agencies utilize. Some
states enacted an AI advisory council. The Council of State
Governments identified six focus areas for legislation, which
include accountability, fighting discrimination, providing
transparency for state operations, providing data privacy,
targeting unsafe and ineffective AI systems, and providing for
interagency collaboration. He said that HB 306 addresses each
of those six points. He said there are many risks and benefits
to AI. The proposed legislation provides a launchpad for
valuable discussion.
3:12:04 PM
CHAIR SHAW asked about data "xers."
MR. MILLS answered that "xers" is shorthand for transfers.
3:12:32 PM
REPRESENTATIVE CARRICK asked if the bill would cover state
agency generated deepfakes or system generated deepfakes from
private entities.
MR. APPLEBEE responded that the bill would address two parts:
one that handles deepfakes within the state, and another for
those generated outside the state for campaign purposes.
REPRESENTATIVE CARRICK asked about the cost of the inventory for
state agency's use of AI for consequential decisions.
MR. APPLEBEE said the fiscal note includes an initial cost of $5
million, and recurring costs of $2 million per year.
3:14:05 PM
REPRESENTATIVE STORY noted the importance and timeliness of the
bill. She asked for the definition of the term "consequential
decision" used in the bill.
MR. APPLEBEE referred to page 5, line 21, which states
"consequential decision means a conclusion decision or judgement
by a state agency that can have a legal or significant effect on
an individual".
REPRESENTATIVE STORY asked for a list of state agencies that may
be involved with consequential decisions.
MR. APPLEBEE stated that HB 306 would cover any agency that
utilizes AI technology. The bill would require the Department
of Administration (DOA) to catalog those uses. The fiscal note
assigns 15 programmer positions that would cover each state
agency.
REPRESENTATIVE STORY asked if all agencies would be included.
MR. APPLEBEE said if the agency decides to use AI technology to
make decisions, it would be cataloged.
REPRESENTATIVE STORY asked how cyber security is tracked and AI
is used currently in state departments.
MR. APPLEBEE responded that he was unsure because there has yet
to be an inventory. He offered to reach out to DOA and follow
up with more information.
3:16:43 PM
REPRESENTATIVE CARRICK asked how frequent state generated
deepfakes are and if they are prevalent elsewhere.
MR. APPLEGATE made a distinction between the use of AI
technology and the creation of deepfakes or synthetic media. He
explained that it is unlikely that a state agency would be
creating deepfakes. State agencies may be utilizing AI
technology to make systems more efficient.
3:18:09 PM
CHAIR SHAW announced that HB 306 was held over.