Legislature(2023 - 2024)BELTZ 105 (TSBldg)

02/01/2024 03:30 PM Senate STATE AFFAIRS

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**Streamed live on AKL.tv**
        SB 177-AI, DEEPFAKES, CYBERSECURITY, DATA XFERS                                                                     
3:52:11 PM                                                                                                                    
SENATOR  SHELLEY HUGHES,  District  M, Alaska  State  Legislature,                                                              
Juneau,  Alaska, co-presented  an overview  as the  sponsor of  SB
177.  She stated  that  the  bill emphasizes  transparency,  which                                                              
informs and protects  Alaskans. Artificial Intelligence  (A.I.) is                                                              
considered  a  new  technology,  but  its  concept  was  developed                                                              
earlier  in  time. In  1950,  Alan  Turing  wrote a  paper  titled                                                              
"Computing  Machinery and  Intelligence." In  1956, three  men put                                                              
together a program  called "Logic Theorist," which  mimicked human                                                              
problem-solving  skills,  which  was  presented  at  a  conference                                                              
titled  "Dartmouth  Summer  Research Project."  During  that  same                                                              
year, the term 'A.I.' was coined.                                                                                               
3:53:37 PM                                                                                                                    
SENATOR HUGHES  said since these  milestones, A.I.  technology has                                                              
been  perceived as  a  new frontier,  despite  having existed  for                                                              
almost 75  years. Its  evolution and  capabilities have  developed                                                              
at an unprecedented  pace. The momentum around  this technology is                                                              
historic  and revolutionary,  and is becoming  a normal  component                                                              
to  our  lives.  Global Positioning  System  (GPS)  technology  is                                                              
assisted  by A.I.  She  has  heard emotional  expressions  ranging                                                              
from  fear and  anxiety to  anticipation and  excitement with  the                                                              
emergence  of A.I. technology.  As policymakers,  it is  important                                                              
to realize that  this technology is just another tool.  It is also                                                              
critical to  safeguard the public  and defend against  bad actors.                                                              
Considering the vast  amount of data in state  agencies, the state                                                              
should  ensure data  outputs are  well protected  and deepfake  is                                                              
appropriately controlled.                                                                                                       
3:56:42 PM                                                                                                                    
SENATOR HUGHES moved to slide 2 of the presentation:                                                                            
[Original punctuation provided.]                                                                                                
     Defining A.I.                                                                                                            
     ARTIFICIAL INTELLIGENCE:                                                                                                   
     an  automated  system  that   uses  data  input,  human-                                                                   
     defined objectives,  machine learning, natural  language                                                                   
     processing,    or   other    computational    processing                                                                   
     techniques  of similar or greater  complexity to  make a                                                                   
     decision or facilitate human decision-making.                                                                              
3:57:03 PM                                                                                                                    
SENATOR HUGHES moved to slide 3.                                                                                                
[Original punctuation provided.]                                                                                                
     Why now? Why here?                                                                                                       
     WHY  NOW? A.I.  is here.  It is  evolving at  lightening                                                                   
     speed.  We cannot stop  it. We  cannot ignore it.  "A.I.                                                                   
     is  a tool and  in itself  is not  inherently evil.  Our                                                                   
     job is  to protect against  bad actors and  harness A.I.                                                                   
     for  good  the  very  best  we  can."  -Senator  Shelley                                                                   
     WHY HERE?  Congress is unlikely  to unite on  parameters                                                                   
     and  best  practices anytime  soon.  State  legislatures                                                                   
     are  more nimble  and  ready to  mitigate  the harm  and                                                                   
     bridle the benefits of A.I.                                                                                                
SENATOR HUGHES said  conversations about A.I. are  taking place in                                                              
state  capitols  across the  country,  but  the U.S.  Congress  is                                                              
unlikely to  take legislative action  on this front. She  said she                                                              
serves  on the  National Conference  of  State Legislature's  task                                                              
force on A.I.  One advantage of taking legislative  action is that                                                              
the state could more quickly respond and customize.                                                                             
3:58:20 PM                                                                                                                    
SENATOR HUGHES moved to slide 4:                                                                                                
[Original punctuation provided.]                                                                                                
Why this focus?                                                                                                                 
     1. State Agency Use of A.I.                                                                                                
          a) Targeting private sector development and                                                                           
          deployment would stifle innovation and be a                                                                           
          fool's errand for a state with a small                                                                                
          b) Setting the parameters for state agency use is                                                                     
               1. to safeguard the public                                                                                       
               2. to ensure appropriate deployment that will                                                                    
                  offer efficiencies and solutions for the                                                                      
     2. Political Deepfakes.                                                                                                    
          a) It's 2024! Elections are around the corner.                                                                        
          b) In general, lack of trust chaos.                                                                                   
SENATOR  HUGHES  said  because of  its  small  population,  Alaska                                                              
should  support  innovation  rather than  targeting  vendors.  She                                                              
opined that focusing  on state agencies is the  right step forward                                                              
and the  public would appreciate  doing so. Microsoft  Corporation                                                              
will  soon  introduce   A.I.  tools  for  state   government  use.                                                              
Elections are  around the corner.  She hopes society  doesn't have                                                              
to question reality,  but believes it is a possibility  that would                                                              
create chaos. It  is important to have the ability  to trust one's                                                              
sense of  truth. She expressed  concerns about the  constitutional                                                              
republic and the integrity of elections.                                                                                        
4:00:41 PM                                                                                                                    
SENATOR HUGHES moved to slide 5  and highlighted A.I. principles:                                                               
[Original punctuation provided.]                                                                                                
     A Good Starting Point                                                                                                    
     Agreeing on AI Principles                                                                                                
        • Differentiate between tool and actor                                                                                  
             o Protect against bad actors                                                                                       
             o Support innovation for beneficial uses                                                                           
        • Aim for tech neutrality                                                                                               
        • Assign human oversight and responsibility •                                                                           
          Maintain transparency • Avoid harm/injury                                                                             
        • Respect sensitive personal data privacy and                                                                           
        • Embrace data hygiene • Avoid creating/reinforcing                                                                     
          unfair bias                                                                                                           
        • Uphold laws and protect individual rights                                                                             
SENATOR   HUGHES  said   after   a  discussion   with  the   Chief                                                              
Information  Officer   of  the   Alaska  State  Legislature,   she                                                              
gathered the importance of considering data hygiene.                                                                            
4:01:32 PM                                                                                                                    
STEPHEN  KNOUSE,  Staff,  Senator  Shelley  Hughes,  Alaska  State                                                              
Legislature, Juneau,  Alaska, co-presented an overview  of SB 177.                                                              
He moved to  slide 6 and said  SB 177 would provide  a stop-gap to                                                              
better identify  deepfake usage,  which would engender  more trust                                                              
into the public.                                                                                                                
[Original punctuation provided.]                                                                                                
     SB 177 -- What it does                                                                                                   
     1. Adds disclosure statement requirements for                                                                              
     political deepfake communications                                                                                          
     2. Adds new sections regarding state agency use of                                                                         
     artificial intelligence and individuals' data. SB177                                                                       
     3. Adds section to allow individual who suffers harm                                                                       
     to bring civil action to superior court                                                                                    
4:02:43 PM                                                                                                                    
SENATOR HUGHES  commented that  SB 177 is  a work in  progress and                                                              
acts  as  a   conversation  starter.  There  is   opportunity  for                                                              
legislators to provide amendments.                                                                                              
4:03:54 PM                                                                                                                    
MR. KNOUSE moved to slide 7:                                                                                                    
[Original punctuation provided.]                                                                                                
     SB 177 -- What it does                                                                                                   
     Requires biennial inventory and report of AI systems                                                                     
     being used by state agencies published on DOA website.                                                                     
     1. Name and vendor of system                                                                                               
     2. General capabilities and uses                                                                                           
     3. Whether impact assessment completed prior to                                                                            
     Requires biennial impact assessments published on DOA                                                                    
4:04:14 PM                                                                                                                    
MR. KNOUSE moved to slide 8 and briefly explained the intent of                                                                 
the impact assessment:                                                                                                          
[Original punctuation provided.]                                                                                                
     SB 177 -- What it does                                                                                                   
     Impact Assessment                                                                                                        
          1. System efficacy                                                                                                    
          2. Human oversight                                                                                                    
          3. Accountability mechanisms                                                                                          
          4. Decision appeals process                                                                                           
          5. Benefits, liability, and risks to state                                                                            
          6. Effects on liberty, finances, livelihood, and                                                                      
             privacy interests of individuals, including                                                                        
             effects from geolocation data use                                                                                  
          7. Unlawful discrimination or disparate impact on                                                                     
             individual or group                                                                                                
          8. Policies and procedures governing process of                                                                       
             A.I. system use for consequential decision-                                                                        
4:04:32 PM                                                                                                                    
MR. KNOUSE moved to slide 9 and listed state agency requirements                                                                
under SB 177:                                                                                                                   
[Original punctuation provided.]                                                                                                
     SB 177 -- What it does                                                                                                   
     Requires state agencies to                                                                                               
        1. Notify individuals who may be legally or                                                                             
          significantly affect                                                                                                  
      2. Obtain individual's consent before soliciting or                                                                       
          acquiring sensitive personal data or sharing data                                                                     
          with another state agency*                                                                                            
        3. Provide appeals process including manual human                                                                       
       4. Inform and acquire consent if AI used in hiring                                                                       
          interview video                                                                                                       
      5. When outsource, multi-factor authentication must                                                                       
          secure system and stored data                                                                                         
4:05:00 PM                                                                                                                    
SENATOR HUGHES added  feedback on the final point on  slide 9. She                                                              
said for  data to be shared  with agencies such as  the Department                                                              
of  Public  Safety (DPS)  or  the  courts,  consent would  not  be                                                              
required.  She noted  that the  Alaska  State Legislature's  Chief                                                              
Information  Officer informed her  of the  42 applications  on the                                                              
MyAlaska website  that are shared across numerous  departments, so                                                              
the corresponding section under SB 177 will need to be refined.                                                                 
4:05:40 PM                                                                                                                    
MR. KNOUSE moved to slide 10 and listed rules for state agencies                                                                
under SB 177:                                                                                                                   
[Original punctuation provided.]                                                                                                
     SB 177 -- What it does                                                                                                   
     Prohibits state agencies from using.                                                                                     
     1.Biometric identification e.g., facial recognition                                                                        
     2.Emotion recognition                                                                                                      
     3.Cognitive behavioral manipulation of individuals or                                                                      
     groups 4.Social scoring                                                                                                    
     5.AI systems that use data hosted in hostile nations.                                                                      
4:06:01 PM                                                                                                                    
SENATOR HUGHES moved to slide 11 and summarized state agency                                                                    
[Original punctuation provided.]                                                                                                
     Process Checks and Balances Transparent                                                                                                         
             o What are we doing (algorithmic assessment                                                                        
               made public)                                                                                                     
        • Explainable                                                                                                         
             o Why are we doing it                                                                                              
        • Conservative                                                                                                        
             o Within scope and purpose only                                                                                    
        • Accountable                                                                                                         
             o Human oversight                                                                                                  
             o Developer                                                                                                        
             o Deployer                                                                                                         
             o User                                                                                                             
             o Regular audits/assessments, and retraining                                                                       
             o Secure data storage                                                                                              
SENATOR HUGHES said  when looking at A.I., oversight  is important                                                              
at  all  stages  in  its  development.   Narrowing  the  scope  to                                                              
generative A.I. would  support checks and balances  and reduce the                                                              
fiscal requirements.                                                                                                            
4:08:08 PM                                                                                                                    
CHAIR  KAWASAKI  wondered  if  either   private  or  publicly-held                                                              
companies   would   have   the    ability   to   store   biometric                                                              
4:08:46 PM                                                                                                                    
SENATOR HUGHES  replied that multi-factor authentication  would be                                                              
required to  protect data within  state agency contracts  under SB
177. She offered to obtain further information from DPS.                                                                        
4:09:37 PM                                                                                                                    
MR. KNOUSE moved to slide 12 and explained deepfakes in                                                                         
[Original punctuation provided.]                                                                                                
     Deepfakes in Elections                                                                                                   
     Generative A.I. can convincingly imitate elected                                                                           
     leaders and other public figures.                                                                                          
     AI tools can synthesize audio in any person's voice                                                                        
     and generate realistic still and moving visuals of                                                                         
     almost anyone doing anything.                                                                                              
     The proliferation of "synthetic media" poses                                                                               
     challenges to the functioning of our constitutional                                                                        
     republic when such communications can deprive the                                                                          
     public of the accurate information it needs to make                                                                        
     informed decisions in elections.                                                                                           
4:10:16 PM                                                                                                                    
MR. KNOUSE moved to slide 13 and listed examples:                                                                               
[Original punctuation provided.]                                                                                                
     Deepfakes in Elections                                                                                                   
   • USA: Voice altered to sound like Biden urged voters in                                                                     
     New Hampshire not to cast ballots.                                                                                         
   • TURKEY: News outlet published deepfake video showing a                                                                     
     party endorsing opposition; presidential candidate                                                                         
     withdrew from race due to a deepfake "sex tape" video                                                                      
   • SLOVAKIA: Leader Michal ?imecka was depicted as saying                                                                     
     he would raise the price of beer and had plans to rig                                                                      
     the election.                                                                                                              
4:10:52 PM                                                                                                                    
MR. KNOUSE moved to slide 14 and read the following:                                                                            
[Original punctuation provided.]                                                                                                
     Deepfakes in Elections                                                                                                   
     "The fact-checkers trying to hold the line against                                                                         
     disinformation on social media in Slovakia say their                                                                       
     experience shows AI is already advanced enough to                                                                          
     disrupt elections, while they lack the tools to fight                                                                      
4:11:10 PM                                                                                                                    
MR. KNOUSE moved to slide 15 and presented A.I. generated photos                                                                
of Joe Biden and Donald Trump.                                                                                                  
4:11:36 PM                                                                                                                    
MR. KNOUSE moved to slide 16 and presented an artificially-made                                                                 
news video segment about Santa Clause.                                                                                          
4:12:30 PM                                                                                                                    
SENATOR HUGHES noted that a free A.I. tool was used for the                                                                     
video example, but paid software would be more realistic.                                                                       
4:12:42 PM                                                                                                                    
MR. KNOUSE  moved to slide  17 and showcased a  deepfake-generated                                                              
video clip  of senators  whose faces were  swapped with  Star Wars                                                              
4:13:44 PM                                                                                                                    
MR.  KNOUSE moved  to  slide 18  and showed  a  deepfake-generated                                                              
video  of Senator  Hughes  as Queen  Elizabeth  II. He  reiterated                                                              
that more robust software would be far more convincing.                                                                         
4:14:13 PM                                                                                                                    
SENATOR  HUGHES  said the  videos  she  created  were made  to  be                                                              
intentionally less  convincing to prevent widespread  circulation,                                                              
but  the ability  to create  more realistic  content is  possible.                                                              
She  stated  that   one  presidential  candidate   in  the  recent                                                              
presidential  election  in  Turkey  used  deepfake  technology  to                                                              
falsely  distort  his  opponent's  character and  uplift  his  own                                                              
appearance.  A  candidate  running   for  public  office  has  the                                                              
ability   to  create   deepfake  content   falsifying  one's   own                                                              
4:15:10 PM                                                                                                                    
SENATOR  HUGHES  moved  to  slide  19  and  highlighted  potential                                                              
[Original punctuation provided.]                                                                                                
        • Power of disclosure                                                                                                   
             o Establish norms, standards, and laws now                                                                         
             o People can discount untruths                                                                                     
        • Enforcement and penalties are necessary                                                                               
        • Injunctive relief is important                                                                                        
SENATOR  HUGHES stated  that SB  177 does  not include  injunctive                                                              
relief, but while  a court would likely order a  deepfake video be                                                              
removed, it would  be possible for content to  already been copied                                                              
and shared on the Internet.                                                                                                     
4:17:04 PM                                                                                                                    
At ease.                                                                                                                        
4:17:45 PM                                                                                                                    
CHAIR KAWASAKI reconvened the meeting.                                                                                          
4:18:27 PM                                                                                                                    
CHAIR KAWASAKI announced invited testimony.                                                                                     
4:19:20 PM                                                                                                                    
SPENSE PURNELL,  Director, Technology  Policy, Reason  Foundation,                                                              
Tallahassee, Florida,  invited testimony for SB 177.  He expressed                                                              
disappointment knowing  there is no existing federal  framework on                                                              
the issue of  A.I. regulation, but acknowledged  that other states                                                              
are stepping  in to fill  the policy-void.  He opined that  SB 177                                                              
would do  several positive things  and addresses state use  of AI,                                                              
which could  help identify threats  in addition to  opportunities.                                                              
He said  the third section in  the bill regarding  civil liability                                                              
is  an essential  piece  and expressed  anticipation  to see  what                                                              
state  agencies could  accomplish  with this  bill.  SB 177  could                                                              
also address  potential threats  that have  not yet been  realized                                                              
and  it  underlines  the  idea that  A.I.  is  a  quickly-evolving                                                              
technology. He conveyed  that there are a range  of actions states                                                              
could  take  to  navigate  A.I. technology,  such  as  banning  it                                                              
entirely  or crafting  legislation to  manage its  use. He  stated                                                              
his belief  that SB  177 may require  refinement, but  appreciates                                                              
that  it  is  less  invasive.  He   encouraged  the  committee  to                                                              
research and learn  about A.I. technology to help  define parts of                                                              
the bill.                                                                                                                       
4:24:23 PM                                                                                                                    
CHAIR KAWASAKI  asked if  Adobe Photoshop  and its filtering  tool                                                              
falls under the  definition of a deepfake given  its computational                                                              
processing  technique   that  allows   programs  to   alter  one's                                                              
4:25:05 PM                                                                                                                    
MR.  PURNELL   replied  that  the   example  of   Adobe  Photoshop                                                              
demonstrates  the downside  to  establishing  a broad  definition.                                                              
Google Search  and tools such as  spellcheck or could  be arguably                                                              
defined   as  A.I.   technology.   The  computational   processing                                                              
technique  is likely too  broad and  would need  to be  refined in                                                              
statute.  He  opined  that  the  state  may  benefit  from  taking                                                              
inventory of  A.I. uses, but current  language under SB  177 could                                                              
be refined.                                                                                                                     
4:26:39 PM                                                                                                                    
SENATOR  HUGHES   clarified  that  the  computational   processing                                                              
technique is  included in  part of  the deepfake definition  under                                                              
SB  177. She  expressed  the  importance of  remaining  technology                                                              
neutral. She  stated that when  she previously worked  on unmanned                                                              
aircraft  policy,   aviation  rules  were  generalized,   so  bill                                                              
language  on  deepfake  could  include   provisions  on  manually-                                                              
produced  or  photo-shopped  material in  addition  to  generative                                                              
A.I. She suggested  updating the bill language  so definitions are                                                              
technology-neutral.  However,  state agency  usage  may require  a                                                              
closer lens on generative A.I usage.                                                                                            
4:29:07 PM                                                                                                                    
DANIEL CASTRO,  Director, Data Innovation,  Information Technology                                                              
&  Innovation   Foundation,  Washington,  District   of  Columbia,                                                              
testified in  support of SB  177 and provided recommendations.  He                                                              
said  there   have  been   rapid  advances   in  generative   A.I.                                                              
technology,  so  the  public  is  rightfully  concerned  that  bad                                                              
actors  could exploit  it  to  create deepfake  content.  Deepfake                                                              
technology  has the  potential to  harm  and influence  elections,                                                              
harm  a  candidate's   reputation,  mislead  voters,   and  foster                                                              
mistrust.  He  made several  suggestions  to  reduce the  risk  of                                                              
deepfake exploitation:                                                                                                          
   1. Update state election laws to make it unlawful for                                                                        
     campaigns   or    political   organizations    to   knowingly                                                              
     distribute  materially-deceptive media  that uses  a person's                                                              
     likeness  to manipulate  voters without  providing clear  and                                                              
     conspicuous disclosure.                                                                                                    
   2. A.I. generated content should allow beneficial uses, such                                                                 
     as  a  simple  campaign  video   edit,  when  done  with  the                                                              
     candidate's consent.                                                                                                       
   3. Avoid requirements for disclosure that inadvertently                                                                      
     mandate  disclaimers on  all media,  which could  desensitize                                                              
     voters to these types of nuisances.                                                                                        
   4. Warning the public on deceptive media rather than                                                                         
     explicitly   pointing   out   A.I.   uses,  which   is   more                                                              
     informative and less stigmatizing.                                                                                         
   5. Developing a robust enforcement mechanism that requires                                                                   
     swift  consequences and penalties  for distributing  deepfake                                                              
   6. The  legislative   focus    should   center   on   political                                                              
     organizations    that   are    intentionally   creating    or                                                              
     distributing deepfakes;  it is important to  avoid creating a                                                              
     patchwork of conflicting state laws for various platforms.                                                                 
4:33:27 PM                                                                                                                    
MR.  CASTRO  said  he appreciated  the  committee  continuing  the                                                              
discussion on  this issue as Election  Day nears. The  growth rate                                                              
and ease  of of A.I. technology  usage is escalating, so  he urged                                                              
the  committee to  address  public concerns  without  constraining                                                              
many of its beneficial uses.                                                                                                    
4:34:01 PM                                                                                                                    
CHAIR KAWASAKI asked about the current  and potential approach to                                                               
4:34:35 PM                                                                                                                    
MR. CASTRO replied  that it is important to  differentiate genuine                                                              
from  illegitimate   campaigns,  especially  in   recognizing  the                                                              
influence of deepfake  used by Russian hackers  to sway elections.                                                              
While federal  and state  laws are unable  to prevent  these types                                                              
of  activities,   legislative  action  could   prevent  legitimate                                                              
campaigns  from using  robocalls,  creating  deepfake content,  or                                                              
falsifying  advertisements.   Developing  a  swift   response  and                                                              
establishing  civil  penalties   would  effectively  mitigate  the                                                              
influence of A.I. on elections.                                                                                                 
4:36:37 PM                                                                                                                    
NATE   PERSILY,   Professor,  Stanford   Law   School,   Stanford,                                                              
California,  invited  testimony for  SB  177. He  emphasized  that                                                              
A.I.  has  had  its "Taylor  Swift  moment,"  which  entailed  the                                                              
publishing  and circulation  of a  deepfake photo  of the  singer.                                                              
This incident  acted as  an opening  silo and  its impact  will be                                                              
apparent  through  political  expression.   The  use  of  deepfake                                                              
technology  will blossom  and multiply quickly.  He suggested  the                                                              
   1. Identify dimensions or subjects to regulate, and focus on                                                                 
     creators and speakers, outlined in SB 177.                                                                                 
   2. Ensuring regulations are not placed on standardized                                                                       
     Internet communication tools do not establish measures that                                                                
     would detrimentally impact the political process.                                                                          
   3. Identify the location of regulation. A law could affect                                                                   
    deepfake creation anywhere in the U.S. on the Internet.                                                                     
   4. Narrow a definition for organic communication versus                                                                      
   5. Define libelous deepfakes or efforts intended to damage                                                                   
     political parties or candidates.                                                                                           
  6. Develop criminal or civil liability enforcement measures.                                                                  
MR. PERSILLY  encouraged members  to review the  EU AI  Act, which                                                              
comprises  a  series  of definitions  developed  by  the  European                                                              
Union  that the  state  could  potentially modify  for  particular                                                              
context.  The  approach  to  regulating  deepfake  content  varies                                                              
among  different  states,  while   SB  177  specifically  measures                                                              
damage done to the reputation of a political candidate.                                                                         
4:41:19 PM                                                                                                                    
MR. PERSILY  said that  for political  campaigns, it is  important                                                              
to  determine when  and  to whom  regulations  would apply.  First                                                              
amendment  concerns  currently exist  around  vagueness,  content-                                                              
based,  and viewpoint-based  discrimination. To  address this,  SB
177  focuses on  the disclaimer  mandate  for communications.  For                                                              
example,  Citizens United  struck down campaign  finance  laws but                                                              
upheld  disclaimer  requirements.  Defining  deepfake  context  is                                                              
important  because disclosure  measures  would not  raise all  the                                                              
same  constitutional  concerns as  general  libel.  He stated  his                                                              
belief that this focus area will occupy the legislature.                                                                        
4:43:15 PM                                                                                                                    
SENATOR WIELECHOWSKI  stated his belief that SB  177 only requires                                                              
a  disclaimer if  deepfake  content injures  the  reputation of  a                                                              
candidate  or party, so  the interpretation  could be  subjective.                                                              
He  wondered   if  a  better   policy  would  comprise   a  direct                                                              
4:43:50 PM                                                                                                                    
MR.  PERSILY  replied that  part  of  the  challenge is  that  the                                                              
narrower disclaimer  is more  likely to  be upheld. Every  current                                                              
digital  platform   utilizes  A.I.,   so  there   is  a   risk  of                                                              
disclaimers  applying to all  imagery on  the Internet  and people                                                              
would  become numb  to disclaimers  to  any content  with an  A.I.                                                              
tag.  He  stated  his  belief  that  the  rationale  is  to  limit                                                              
disclaimers  to  the  types  of  deepfakes  people  are  currently                                                              
worried   about.   One   way   to    avoid   the   viewpoint-based                                                              
discrimination  claim  is  to  enlarge   the  focus  on  political                                                              
communications.  He suggested  using Stanford  Law School's  libel                                                              
language for reckless  regard if the legislature  decided to focus                                                              
on reputational injury.                                                                                                         
4:46:34 PM                                                                                                                    
ROBERT WEISSMAN,  President, Public Citizen,  Washington, District                                                              
of Columbia,  invited  testimony for  SB 177  on behalf of  Public                                                              
Citizen. He  thanked Senator  Hughes and  the committee  for their                                                              
leadership.  He conveyed  that while  it is important  to  get the                                                              
details   of  deepfake   regulations   right,   quick  action   is                                                              
necessary. Failing  to act would  result it damaging  consequences                                                              
for Alaska  and around  the world.  The political deepfake  moment                                                              
is upon  society. The  examples seen  in the  U.S. and  around the                                                              
world  are  harbingers  of  what  will  come  in  the  absence  of                                                              
regulation.  He  guarantees  that   political  operatives  of  all                                                              
backgrounds  will misuse  A.I. technology  without rules  in place                                                              
or  legal  repercussions,  and the  impact  would  stretch  beyond                                                              
foreign influence  on elections. This could result  in a late-game                                                              
shift  in   election  influence,   widespread  voter   doubt,  and                                                              
candidates denying the truth.                                                                                                   
4:48:22 PM                                                                                                                    
MR. WEISSMAN  suggested that  the state  must take action.  Public                                                              
Citizen asserts  that the most important  thing is to  establish a                                                              
law and  social norms  that define  political deepfakes  without a                                                              
disclosure  as  unacceptable. He  opined  that  it is  crucial  to                                                              
establish the  standards contained in  SB 177 and  maintained that                                                              
a disclosure  mandate is the correct  approach to take  because it                                                              
takes into  consideration  the first amendment  and Supreme  Court                                                              
jurisprudence. He  recommended strengthening  SB 177 by  doing the                                                              
  1. Focus on enforcement and strengthen legal repercussions.                                                                   
   2. Establish a right to conjunctive relief; an impacted                                                                      
      candidate has every incentive for quick action.                                                                           
   3. Specify that the use of deepfakes for satire would not be                                                                 
      covered under the bill to mitigate first amendment                                                                        
MR. WEISSMAN said  states across the country are  taking action on                                                              
this  issue. Although  there  is  bipartisan support  for  federal                                                              
legislation  to regulate  deepfake content,  Congress is  unlikely                                                              
to take timely action.                                                                                                          
4:51:31 PM                                                                                                                    
CHAIR KAWASAKI asked  if any states have gotten ahead  of the game                                                              
to  deploy A.I.  legislation  to  prevent the  potential  concerns                                                              
mentioned for 2024.                                                                                                             
4:51:59 PM                                                                                                                    
MR. WEISSMAN  said  there are five  states that  have passed  laws                                                              
prohibiting  deepfakes  without  disclosure,  including  Michigan,                                                              
and more than two dozen states have introduced similar bills.                                                                   
4:52:36 PM                                                                                                                    
CHAIR  KAWASAKI referenced  the  New Hampshire  deepfake  robocall                                                              
scenario  that  did not  clearly  state  the  call was  from  "Joe                                                              
Biden,"  but  sounded like  him.  He  said legislation  in  Alaska                                                              
would not have  penalized or prevented this type  of incident from                                                              
happening.  He  asked  how  the  legislature  could  prevent  this                                                              
situation  from   happening  or  whether  it  could   establish  a                                                              
4:53:30 PM                                                                                                                    
MR.  WEISSMAN replied  that Public  Citizen  would strongly  favor                                                              
that approach. He  believes there are current laws  in Alaska that                                                              
prohibit the  dissuasion of voting,  which are established  in New                                                              
Hampshire. Even in  the absence of a deepfake bill  in that state,                                                              
the  robocall  incident   was  illegal.  He  suggested   adding  a                                                              
specific measurement  concerning the  use of deepfakes  that deter                                                              
or mislead voters.                                                                                                              
4:55:13 PM                                                                                                                    
SENATOR HUGHES  said while  SB 177  is a work  in progress,  it is                                                              
important  to  start   the  conversation.  She  noted   a  section                                                              
concerning  state  agency  use  and  data that  will  need  to  be                                                              
updated.  The   Alaska  State   Legislature's  Chief   Information                                                              
Officer  informed her  about a  policy  that refers  to a  dynamic                                                              
list on  state departments, so  including this component  would be                                                              
4:56:01 PM                                                                                                                    
CHAIR  KAWASAKI stated  that there  is a  lot to  consider on  the                                                              
issue of A.I.                                                                                                                   
4:56:36 PM                                                                                                                    
CHAIR KAWASAKI held SB 177 in committee.                                                                                        

Document Name Date/Time Subjects
SB 177 AI Sponsor Statement 1.24.2024.pdf SSTA 2/1/2024 3:30:00 PM
SB 177
SB 177 Sectional Analysis ver B 1.24.2024.pdf SSTA 2/1/2024 3:30:00 PM
SB 177
SB 177 Fiscal Note.pdf SSTA 2/1/2024 3:30:00 PM
SB 177
SB 159 Sponsor Statement 1.18.2024.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 159 Sectional Analysis 1.18.2024.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 159 VA Article 5.16.2023.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 159 In Flanders Fields.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 159 Invited Testimony 1.18.2024.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 159 In Flanders Fields.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 159 American Legion Auxiliary Resolution 2023.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 159 American Legion Auxiliary Resolution 2023.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 159 Fiscal Note.pdf SSTA 2/1/2024 3:30:00 PM
SB 159
SB 177 AI Presentation 2.1.2024.pdf SSTA 2/1/2024 3:30:00 PM
SB 177