Legislature(2023 - 2024)BUTROVICH 205
05/13/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB358 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 358 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
May 13, 2024
1:33 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator James Kaufman
Senator Löki Tobin
MEMBERS ABSENT
Senator Cathy Giessel
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 358(2D JUD)
"An Act relating to defamation claims based on the use of
deepfakes; and relating to the use of deepfakes in
electioneering communications."
- MOVED SCS CSHB 358(JUD) OUT OF COMMITTE
PREVIOUS COMMITTEE ACTION
BILL: HB 358
SHORT TITLE: DEEPFAKES: LIABILITY; ELECTIONS
SPONSOR(s): REPRESENTATIVE(s) CRONK
02/20/24 (H) READ THE FIRST TIME - REFERRALS
02/20/24 (H) JUD
03/13/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/13/24 (H) Heard & Held
03/13/24 (H) MINUTE(JUD)
03/15/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/15/24 (H) Heard & Held
03/15/24 (H) MINUTE(JUD)
03/20/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/20/24 (H) <Bill Hearing Canceled>
03/22/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/22/24 (H) Heard & Held
03/22/24 (H) MINUTE(JUD)
03/25/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/25/24 (H) Heard & Held
03/25/24 (H) MINUTE(JUD)
03/27/24 (H) JUD AT 1:00 PM GRUENBERG 120
03/27/24 (H) Heard & Held
03/27/24 (H) MINUTE(JUD)
04/01/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/01/24 (H) Heard & Held
04/01/24 (H) MINUTE(JUD)
04/03/24 (H) JUD AT 1:00 PM GRUENBERG 120
04/03/24 (H) Moved CSHB 358(JUD) Out of Committee
04/03/24 (H) MINUTE(JUD)
04/08/24 (H) JUD RPT CS(JUD) NEW TITLE 6DP
04/08/24 (H) DP: GRAY, CARPENTER, GROH, SUMNER,
ALLARD, VANCE
04/29/24 (H) RETURNED TO JUD COMMITTEE
05/01/24 (H) JUD AT 1:00 PM GRUENBERG 120
05/01/24 (H) Moved CSHB 358(2D JUD) Out of Committee
05/01/24 (H) MINUTE(JUD)
05/02/24 (H) JUD RPT CS(2D JUD) NEW TITLE 4DP 1AM
05/02/24 (H) DP: GRAY, CARPENTER, ALLARD, SUMNER
05/02/24 (H) AM: VANCE
05/02/24 (H) RETURNED TO RLS COMMITTEE
05/09/24 (H) TRANSMITTED TO (S)
05/09/24 (H) VERSION: CSHB 358(2D JUD)
05/10/24 (S) READ THE FIRST TIME - REFERRALS
05/10/24 (S) JUD
05/11/24 (S) JUD AT 10:00 AM BUTROVICH 205
05/11/24 (S) Heard & Held
05/11/24 (S) MINUTE(JUD)
05/13/24 (S) JUDICIARY at 01:30 PM BUTROVICH 205
WITNESS REGISTER
BREANNA KAKARUK, Staff
Senator Matt Claman
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the explanation of changes for HB
358 from version D to version H.
DAVE STANCLIFF, Staff
Representative Mike Cronk
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Made closing remarks on HB 358.
ACTION NARRATIVE
1:33:32 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:33 p.m. Present at the call to order were
Senators Tobin, Kaufman, Kiehl, and Chair Claman.
HB 358-DEEPFAKES: LIABILITY; ELECTIONS
1:34:02 PM
CHAIR CLAMAN announced the consideration of CS FOR HOUSE BILL
NO. 358(2d JUD) "An Act relating to defamation claims based on
the use of deepfakes; and relating to the use of deepfakes in
electioneering communications."
[This is the second hearing of HB 358 in the Senate Judiciary
Standing Committee.] The intent is to consider a proposed Senate
committee substitute (SCS). He invited Ms. Kakaruk to present
the summary of changes.
1:34:34 PM
BREANNA KAKARUK, Staff, Senator Matt Claman, Alaska State
Legislature, Juneau, Alaska, presented the summary of changes
from version D to version H for HB 358:
[Original punctuation provided.]
Summary of Changes
Senate Judiciary Committee: Version D to Version H
In the Committee Substitute to HB 358, the following
changes were made:
Page 2, line 12
• Reformat (d) and following subsections
Page 2, line 29 following "pitch"
• Insert "and at a speed"
Page 2, line [31]
• Insert
"(2) the synthetic media constitutes satire or
parody."
Multiple sections
• Delete "deepfake"
• Insert "synthetic media"
Page 4, lines 4
• Delete all material related to the definition of
"deepfake" (version D page 3, lines 14-21)
• Insert
"(3) "synthetic media"
(A) means an image, audio recording, or
video recording of an individual's appearance,
speech, or conduct that is manipulated by
artificial intelligence or in a manner that
creates a realistic but false image, audio
recording, or video recording and produces
(i) a depiction that a reasonable
person would believe is of a real
individual in appearance, speech, or
conduct but did not actually occur in
reality; and
(ii) a materially different
understanding or impression than a
reasonable person would have from the
unaltered, original version of the image,
audio recording, or video recording;
(B) does not include an image, audio
recording, or video recording that is
minimally edited, adjusted, or enhanced by
artificial intelligence without materially
altering how the meaning or significance of
the depiction would be perceived by a
reasonable person;"
Page 4, line 15
• Insert
"(B) does not include visual or audio media that
is minimally edited, adjusted, or enhanced by
artificial intelligence without materially
altering how the meaning or significance of media
would be perceived by a reasonable person"
Page 4, line 19
• Insert "* Sec. 3. This Act takes effect
immediately under AS 01.10.070(c)."
Conforming changes:
• Title change
• Renumbering
1:36:40 PM
SENATOR TOBIN corrected a line number in the summary of changes
for the following text in subsection (d):
Page 2, line 31:
Insert "(2) the synthetic media constitutes satire or parody."
1:37:11 PM
MS. KAKARUK expressed appreciation for the recommendation and
said that she will correct the line number to "31" in the
summary of changes.
1:37:21 PM
CHAIR CLAMAN reminded members that the SCS changed the
deepfake verbiage to synthetic media in the bill.
1:37:32 PM
CHAIR CLAMAN solicited a motion.
1:37:36 PM
SENATOR KIEHL moved to adopt the Senate committee substitute
(SCS) for CSHB 358, work order 33-LS1272\H, as the working
document.
1:37:54 PM
CHAIR CLAMAN found no objection and SCS CSHB 358 was adopted as
the working document. He invited the bill sponsor's staff to
make a closing statement.
1:38:15 PM
DAVE STANCLIFF, Staff, Representative Mike Cronk, Alaska State
Legislature, Juneau, Alaska, indicated the bill sponsor had
reviewed the SCS. He said there was discussion about:
- the term "deepfakes" trivializing the seriousness of the bill.
He stated that "synthetic media" is a more accurate and
appropriate term.
- the paragraph regarding satire and parody. He expressed
confidence that the paragraph gives the Court System latitude
to resolve such matters. He explained that, in his experience,
legislation that is overly rigid or constructed for a
guaranteed court outcome often fails.
MR. STANCLIFF expressed gratitude for the committee's work on
HB 358 and for doing it expeditiously.
1:39:33 PM
SENATOR KAUFMAN inquired about the scope of liability under this
legislation and the extent of activities the bill would
encompass. He gave the example of a campaign mailer featuring a
photo with a noisy background that required cleanup. He wondered
whether HB 358 casts such a wide net that a person could be
liable for cleaning up the background. He asked whether
individuals could unintentionally violate the law under the
definitions in HB 358 by making similarly common alterations for
use in a mailer or electronic media.
1:41:00 PM
MR. STANCLIFF replied that this would be part of the
determination if the courts were presented with a case. He said
the courts would have to make a judgment on the matter. He
reiterated that being too specific can create problems related
to freedom of speech, but at the same time, the issue arises
regarding the purpose and intent of the act, including whether
it was:
- meant to be funny or a joke;
- intended to seriously damage a person's image to the extent
that they lose a political campaign; or
- meant to cause other harm.
MR. STANCLIFF agreed that HB 358 is not far from casting a wide
net, but emphasized the courts would ultimately need to make
those determinations.
1:41:56 PM
CHAIR CLAMAN clarified that HB 358 only addresses defamation
claims, defamatory material published about someone else. He
stated that material a candidate posts about themself would not
form the basis of a defamation claim.
1:42:57 PM
SENATOR KAUFMAN explained that a past opponent depicted him in a
very nice, three-piece black suit, which he did not own. The
photo showed him throwing money around wildly to suggest he was
irrational with spending. He stated the photo was wildly
inaccurate. He asked whether HB 358 would provide standing to
claim damages if he lost based on:
- being depicted in a suit he never wore or owned, and
- handing out state money he never would have, given his very
responsible nature.
CHAIR CLAMAN directed the question to Mr. Stancliff and said he
would follow-up on it afterward.
MR. STANCLIFF replied that he had a 50 / 50 chance.
SENATOR KAUFMAN commented this was just food for thought.
1:44:32 PM
CHAIR CLAMAN answered the question, stating the bill would
probably provide the standing needed to bring such a claim. He
noted that part of the issue would involve demonstrating that
the opponent's intent was to misrepresent him. The focus would
likely be more on the depiction of throwing money around than on
the black suit.
CHAIR CLAMAN said that given the economic earning potential in
the oil industry compared to the legislature, it might be
difficult to argue that losing the election resulted in economic
damages.
1:45:24 PM
SENATOR KAUFMAN conceded that the economic point was fair
enough; however, he brought up the reputational damage that the
photo could have caused by depicting him as a spendthrift.
1:45:38 PM
SENATOR TOBIN said that, to avoid this dynamic, Senator
Kaufman's opponent would simply need to include a disclosure on
the image that is visible, easily readable, and printed in a
font no smaller than any other text in the visual component. She
noted that this protects everyone and is an important aspect of
HB 358. She expressed hope that individuals would take heed, and
that Alaskans remain honest and clear in their communications.
She stated that Alaskans should neither engage in nefarious
activities nor defame their political opponents and that such
behavior does not belong in Alaska's political system.
SENATOR KAUFMAN agreed.
1:46:21 PM
CHAIR CLAMAN shared an anecdotal story about a constituent. He
said he once asked a well-known Anchorage satire-parody comedian
why he never endorsed political candidates in radio or
television commercials. The comedian explained that he ran a
satire and parody show, and he needed to be able to make fun of
all candidates regardless of party lest Anchorage residents
assume the Fly by Night Club advocates on behalf of certain
candidates. That is why he never did campaign advertising for
anyone. He said this touches on the issue of satire and parody
in the bill.
1:47:16 PM
SENATOR KIEHL circled back to a conversation from the first
hearing on HB 358, specifically regarding falsifying conduct. He
said that he had presented some hypotheticals, to which the
presenters explained the intent of HB 358. They stated the
purpose of the bill is to address false representations of
physical conduct, such as depicting someone engaging in
criminal, obscene, or otherwise inappropriate behavior.
SENATOR KIEHL said that after thinking it through, he concluded
that interpreting the meaning of someones conduct is likely
protected speech. Therefore, it would not fall within the scope
of HB 358, which primarily addresses overt deception. He
acknowledged that his interpretation of those provisions had
evolved, and he said the provisions themselves would remain
unchanged.
1:48:33 PM
CHAIR CLAMAN solicited the will of the committee.
1:48:38 PM
SENATOR KIEHL moved to report SCS CSHB 358, work order 33-
LS1272\H, from committee with individual recommendations and
attached zero fiscal note(s).
1:49:00 PM
CHAIR CLAMAN found no objection and SCS CSHB 358(JUD) was
reported from the Senate Judiciary Standing Committee.
CHAIR CLAMAN said that this is probably the last Senate
Judiciary Standing Committee meeting for the year and thanked
members of the committee for their diligent work.
1:49:34 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 1:49 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 358 version H 5.13.2024.pdf |
SJUD 5/13/2024 1:30:00 PM |
HB 358 |
| HB 358 Summary of Changes Version D to Version H.pdf |
SJUD 5/13/2024 1:30:00 PM |
HB 358 |