Legislature(2023 - 2024)GRUENBERG 120

04/01/2024 01:00 PM House JUDICIARY

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02:36:29 PM Start
02:37:03 PM HB358
02:59:21 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 2:30 PM --
+= HB 358 PROHIBIT AI-ALTERED REPRESENTATIONS TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
           HB 358-PROHIBIT AI-ALTERED REPRESENTATIONS                                                                       
                                                                                                                                
2:37:03 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the first order of  business would be                                                               
HOUSE  BILL  NO. 358,  "An  Act  relating  to use  of  artificial                                                               
intelligence to create or alter  a representation of the voice or                                                               
likeness of  an individual."   [Before the committee,  adopted as                                                               
the working document  on 3/22/24 and amended on  3/27/24, was the                                                               
proposed  committee  substitute  (CS)  for HB  358,  Version  33-                                                               
LS1272\U, Walsh, 3/21/24, ("Version U").]                                                                                       
                                                                                                                                
2:37:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  moved to adopt  Amendment 9 to  Version U,                                                               
labeled 33-LS1272\U.13, Walsh, 4/1/24, which read:                                                                              
                                                                                                                                
     Page 2, following line 6:                                                                                                  
     Insert a new bill section to read:                                                                                         
        "* Sec. 3. AS 11.61.127(b) is amended to read:                                                                      
          (b)  This section does not apply to                                                                                   
               (1)      persons   providing   plethysmograph                                                                
     assessments in  the course of a  sex offender treatment                                                                    
     program   that  meets   the  minimum   standards  under                                                                    
     AS 33.30.011(a)(5); or                                                                                                 
               (2)  an employee of an interactive computer                                                                  
     service,  Internet  service   provider,  cloud  service                                                                
     provider,  or  telecommunications  network  who,  while                                                                
     acting  in  the  scope   of  employment,  possesses  or                                                                
     accesses the material described  in (a) of this section                                                                
     solely  to   prevent,  detect,  report,   or  otherwise                                                                
     respond  to the  production, generation,  manipulation,                                                                
     or  modification of  the material;  in this  paragraph,                                                                
     "interactive  computer service"  has the  meaning given                                                                
     in AS 15.80.009."                                                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, line 15, following "Act,":                                                                                         
          Insert "AS 11.61.127(b), as amended by sec. 3 of                                                                      
     this Act,"                                                                                                                 
                                                                                                                                
     Page 4, line 16:                                                                                                           
          Delete "sec. 3"                                                                                                       
          Insert "sec. 4"                                                                                                       
                                                                                                                                
REPRESENTATIVE CARPENTER objected for the purpose of discussion.                                                                
                                                                                                                                
2:37:40 PM                                                                                                                    
                                                                                                                                
BOB BALLINGER,  Staff, Representative  Sarah Vance,  Alaska State                                                               
Legislature,  on  behalf  of  Representative  Vance,  noted  that                                                               
Amendment  9  had come  from  TechNet.    He indicated  that  the                                                               
proposed amendment  would allow social media  platforms to search                                                               
for [child pornography] and remove it from their website.                                                                       
                                                                                                                                
2:39:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  C.  JOHNSON  directed  attention  to  line  5  of                                                               
Amendment 9 and asked for the definition of "plethysmograph."                                                                   
                                                                                                                                
MR. BALLINGER deferred to the Department of Law (DOL).                                                                          
                                                                                                                                
2:40:04 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal Division,  Department  of  Law (DOL),  defined                                                               
"plethysmograph" as  a device  that is  physically attached  to a                                                               
person to try to gauge his/her sexual response to stimuli.                                                                      
                                                                                                                                
CHAIR VANCE asked what section of  law Amendment 9 belongs to and                                                               
why it would be necessary.                                                                                                      
                                                                                                                                
2:41:04 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER said  the section of law relates  to the possession                                                               
of  child  pornography.    She explained  that  [with  regard  to                                                               
plethysmograph  assessments],  a  probation  officer  may  gauge,                                                               
through  the  device,  a  person's  sexual  response  to  various                                                               
images.                                                                                                                         
                                                                                                                                
CHAIR VANCE asked  why [paragraph] (2) is necessary  in this area                                                               
of statute.                                                                                                                     
                                                                                                                                
MS.  SCHROEDER explained  that the  section would  allow internet                                                               
platforms  to search  for child  pornography for  the purpose  of                                                               
taking it down without the risk of prosecution.                                                                                 
                                                                                                                                
2:42:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  removed his objection.   There being no                                                               
further objection, Amendment 9 was adopted.                                                                                     
                                                                                                                                
2:42:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD moved  to adopt Amendment 10  to Version U,                                                               
labeled 33-LS1272\U.15, Walsh, 4/1/24, which read:                                                                              
                                                                                                                                
     Page 2, lines 16 - 17:                                                                                                     
          Delete "use a deepfake in an electioneering                                                                           
       communication made with the intent to influence an                                                                       
     election"                                                                                                                  
          Insert "create an electioneering communication                                                                        
     with the intent to influence an election knowing that                                                                      
     the electioneering communication includes a deepfake"                                                                      
                                                                                                                                
     Page 2, line 19:                                                                                                           
          Delete "in violation of"                                                                                              
          Insert "included in an electioneering                                                                                 
     communication that violates"                                                                                               
                                                                                                                                
     Page 2, line 21:                                                                                                           
          Delete "deepfake"                                                                                                     
          Insert "electioneering communication"                                                                                 
                                                                                                                                
     Page 2, line 22:                                                                                                           
          Delete "deepfake"                                                                                                     
          Insert "electioneering communication"                                                                                 
                                                                                                                                
     Page 2, line 24, following "communication":                                                                                
          Insert "with the intent to influence an election                                                                      
     and knowing that the electioneering communication                                                                          
     includes a deepfake"                                                                                                       
                                                                                                                                
     Page 2, line 26:                                                                                                           
          Delete "in violation of"                                                                                              
          Insert    "included     in    an    electioneering                                                                    
     communication that violates"                                                                                               
                                                                                                                                
     Page 2, line 27:                                                                                                           
          Delete "deepfake"                                                                                                     
          Insert "electioneering communication"                                                                                 
                                                                                                                                
REPRESENTATIVE CARPENTER objected for the purpose of discussion.                                                                
                                                                                                                                
2:42:40 PM                                                                                                                    
                                                                                                                                
MR. BALLINGER  explained Amendment 10  was drafted by  request of                                                               
the Motion  Picture Association to  clarify that  the association                                                               
would not  be held liable  for unknowingly presenting  a deepfake                                                               
in electioneering communications.                                                                                               
                                                                                                                                
2:44:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER said he opposed the proposed amendment                                                                    
because those held liable for creating [deepfakes] may be held                                                                  
beyond [the state's] jurisdiction.   He opined that the provision                                                               
may make the bill substantially less effective.                                                                                 
                                                                                                                                
REPRESENTATIVE  GRAY   agreed  with  Representative   Sumner  and                                                               
emphasized the  need to  put the  onus on  the individual  who is                                                               
posting it.                                                                                                                     
                                                                                                                                
MR. BALLIGNER directed  attention to page 2, line  19 [of Version                                                               
U],  indicating  that the  person  who  created the  deepfake  or                                                               
retained the  services of another  to create the  deepfake [would                                                               
be held liable].                                                                                                                
                                                                                                                                
2:47:00 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 2:47 p.m.                                                                                 
                                                                                                                                
2:47:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER  opined that  the bill should  discourage a                                                               
candidate from  boosting or spreading deepfake  material [even if                                                               
he/she  was not  the creator].   He  stated his  belief that  the                                                               
legislation would be moot if that loophole is allowed.                                                                          
                                                                                                                                
2:49:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SUMNER  moved to  adopt Conceptual Amendment  1 to                                                               
Amendment 10 to strike "create" and insert "use" on line 4.                                                                     
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
2:49:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  asked  for  Mr.  Ballinger's  opinion  on                                                               
Conceptual Amendment 1 to Amendment 4.                                                                                          
                                                                                                                                
MR. BALLINGER opined that the change would "[fill] a loophole."                                                                 
                                                                                                                                
2:51:01 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
2:52:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SUMNER  removed   Conceptual   Amendment  1   to                                                               
Amendment 10 in  light of the conceptual  amendment not achieving                                                               
its intended purposes.                                                                                                          
                                                                                                                                
REPRESENTATIVE ALLARD withdrew Amendment 10.                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  objected.   He suggested that  the committee                                                               
vote the amendment down and re-write it.                                                                                        
                                                                                                                                
CHAIR VANCE  explained that withdrawing the  amendment would have                                                               
the same impact.                                                                                                                
                                                                                                                                
REPRESENTATIVE  GRAY  removed  his  objection.   There  being  no                                                               
further objection, Amendment 10 was withdrawn.                                                                                  
                                                                                                                                
2:55:21 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE sought further questions on Version U, as amended.                                                                  
                                                                                                                                
2:56:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  asked whether a person  who unknowingly used                                                               
deepfake  material in  electioneering  [communications] could  be                                                               
held in any way responsible if he/she didn't create it.                                                                         
                                                                                                                                
2:56:59 PM                                                                                                                    
                                                                                                                                
IAN  WALSH,  Attorney,  Legislative Legal  Services,  Legislative                                                               
Affairs  Agency (LAA),  said the  prohibition  in subsection  (a)                                                               
would   appear  to   prohibit  that   hypothetical  circumstance;                                                               
however,  subsection  (b) only  permits  an  individual to  bring                                                               
action to recover damages from  someone who created the deepfake,                                                               
retained the  services of  another to create  it, or  removes the                                                               
disclosure statement.  He opined  that [Amendment 10] was one way                                                               
of addressing  the discrepancy between  subsections (a)  and (b).                                                               
He  shared his  understanding that  instead, the  committee would                                                               
prefer to  broaden subsection (b)  to include more than  just the                                                               
person who creates the deepfake.                                                                                                
                                                                                                                                
2:58:15 PM                                                                                                                    
                                                                                                                                
CHAIR  VANCE announced  that  CSHB 358,  Version  U, as  amended,                                                               
would  be  held  over.    She  said her  will  was  to  create  a                                                               
foundational   piece  [of   legislation]  that   would  establish                                                               
protections.                                                                                                                    

Document Name Date/Time Subjects
HB 358 - Amendment #9 (U.13) by Rep. Vance.pdf HJUD 4/1/2024 1:00:00 PM
HB 358
HB 358 - Amendment #10 (U.15) by Rep. Vance.pdf HJUD 4/1/2024 1:00:00 PM
HB 358