Legislature(2025 - 2026)BELTZ 105 (TSBldg)

02/06/2025 03:30 PM Senate STATE AFFAIRS

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Audio Topic
03:31:22 PM Start
03:32:47 PM Presentation(s): Ai and State Functions
04:03:02 PM Presentation(s): A.i. Deepfakes and Chatbots
04:44:54 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: AI and State Functions TELECONFERENCED
CIO State of Alaska
Bills Previously Heard/Scheduled
**Streamed live on AKL.tv**
                    ALASKA STATE LEGISLATURE                                                                                  
             SENATE STATE AFFAIRS STANDING COMMITTEE                                                                          
                        February 6, 2025                                                                                        
                            3:31 p.m.                                                                                           
                                                                                                                                
                              DRAFT                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Scott Kawasaki, Chair                                                                                                   
Senator Jesse Bjorkman, Vice Chair                                                                                              
Senator Elvi Gray-Jackson                                                                                                       
Senator Robert Yundt                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Bill Wielechowski                                                                                                       
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S): AI AND STATE FUNCTIONS                                                                                         
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PRESENTATION(S): A.I. DEEPFAKES AND CHATBOTS                                                                                    
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
BILL SMITH, Chief Information Officer (CIO)                                                                                     
Office of Information Technology (OIT)                                                                                          
Department of Administration                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Provided the presentation: AI and State                                                                   
Functions.                                                                                                                      
                                                                                                                                
ILLANA BELLER, Organizing Manager                                                                                               
Public Citizen                                                                                                                  
Washington D.C.                                                                                                                 
POSITION STATEMENT: Provided the presentation: A.I. Deepfakes                                                                 
and Chatbots.                                                                                                                   
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:31:22 PM                                                                                                                    
CHAIR   KAWASAKI  called   the  Senate   State  Affairs   Standing                                                              
Committee meeting  to order  at 3:31 p.m.  Present at the  call to                                                              
order  were  Senators  Gray-Jackson,  Yundt  and  Chair  Kawasaki.                                                              
Senator Bjorkman arrived thereafter.                                                                                            
                                                                                                                                
^PRESENTATION(S):  AI and STATE FUNCTIONS                                                                                       
            PRESENTATION(S):  AI and STATE FUNCTIONS                                                                        
                                                                                                                              
3:32:47 PM                                                                                                                  
CHAIR   KAWASAKI  announced   the  presentation:   AI  and   STATE                                                              
FUNCTIONS.                                                                                                                      
                                                                                                                                
3:32:59 PM                                                                                                                    
BILL   SMITH,  Chief   Information   Officer   (CIO),  Office   of                                                              
Information  Technology   (OIT),  Department   of  Administration,                                                              
Anchorage,  Alaska,   provided  the  presentation  AI   and  State                                                              
Functions.   He   moved   to  slide   2,   Generative   Artificial                                                              
Intelligence   (AI)   and   he   defined   generative   artificial                                                              
intelligence  as; creating  systems  that can  create things  that                                                              
didn't  exist  before.  He  stated that  the  last  several  years                                                              
technology has  gotten to a point  where it can create  new things                                                              
that have  not existed before, and  technology is able to  look at                                                              
multimodal  forms of information.  An example  would be  an image,                                                              
AI  can look  at the  image  and reference  other  content it  has                                                              
received before; from  other places and make assumptions  from the                                                              
information.                                                                                                                    
                                                                                                                                
3:34:49 PM                                                                                                                    
MR.  SMITH continued  slide 2.  He stated  over the  past year  or                                                              
two,  state  agencies,  within the  executive  branch,  have  been                                                              
exploring how  AI can meaningfully  improve operations.  He stated                                                              
that the  focus has  been on identifying  real use  casesstarting                                                               
with  a  specific problem  and  then  finding  the right  tool  to                                                              
address it.  The Office  of Information  Technology (OIT)  has led                                                              
efforts to  educate teams on  what AI can  and cannot  do, promote                                                              
responsible use, and  help departments align the  right tools with                                                              
their specific needs. He said OIT has been  reviewing data systems                                                              
to ensure  information is  secure and  AI-ready, while  developing                                                              
clear guidance  around  the use and  security  of these tools.  He                                                              
stated  that OIT  is assessing  the existing  enterprise tools  to                                                              
see how  new AI capabilities  can be integrated,  so OIT  can make                                                              
the most of what they already have.                                                                                             
                                                                                                                                
3:36:55 PM                                                                                                                    
CHAIR KAWASAKI announced Senator Bjorkman joined the committee.                                                                 
                                                                                                                                
3:37:03 PM                                                                                                                    
MR.  SMITH  moved  to  slide 3  and  talked  about  the  following                                                              
artificial intelligence tools:                                                                                                  
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
      Generative AI Approaches: End User AI, Developer AI,                                                                    
                         Custom Build AI                                                                                      
                                                                                                                                
                           End User AI                                                                                        
                                                                                                                                
       Off-the-shelf options with AI embedded in currently                                                                      
                           used tools.                                                                                          
                                                                                                                                
      AI embedded into third-party Software Applications by                                                                   
     providers to improve functionality.                                                                                      
                                                                                                                                
                          Developer AI                                                                                        
                                                                                                                                
        Custom AI configuration using existing AI tools.                                                                        
                                                                                                                                
        State of Alaska Professional and Cloud Developer                                                                      
          tools-AI tools that allow for secure, custom                                                                        
     configuration.                                                                                                           
                                                                                                                                
                         Custom Build AI                                                                                      
                                                                                                                                
                 Custom AI models from scratch.                                                                                 
                                                                                                                                
       Large scale implementation and creation/training of                                                                    
     foundational model.                                                                                                      
                                                                                                                                
MR.  SMITH  stated that  OIT  hasn't  seen  any big  custom  build                                                              
request  come  to them,  but  they  are  working with  the  review                                                              
board, so OIT is  able to make sure they are  asking the requester                                                              
the right questions and things are done in a responsible manner.                                                                
                                                                                                                                
3:40:04 PM                                                                                                                    
CHAIR  KAWASAKI  mentioned  that  Mr. Smith  referenced  types  of                                                              
questions to  ask a custom build  AI requester. He asked  what are                                                              
some of the caveats OIT watches for when doing custom build AI.                                                                 
                                                                                                                                
3:40:31 PM                                                                                                                    
MR.  SMITH  responded  that  when   OIT  evaluates  AI  platforms,                                                              
especially custom  builds, we focus on a few key  items. First, is                                                              
data secure  and safely used. The  AI platforms must  follow OIT's                                                              
security  and compliance  standardswhether   for health,  criminal                                                              
or  other  areas.   Second,  OIT  looks  at  responsible   use  AI                                                              
principles  like privacy,  reliability, and  safety to ensure  the                                                              
tool fits its  intended use. He said  the left two columns  of the                                                              
slide,  End  User  AI  and  Developer  AI,  provide  OIT  with  an                                                              
opportunity  to move  more rapidly  and  effectively because  they                                                              
are  built with  data and  in data  environments  that are  secure                                                              
with the right protocol compliance in place.                                                                                    
3:42:04 PM                                                                                                                    
MR. SMITH  moved to  slide 4,  Enterprise Artificial  Intelligence                                                              
(AI)  Tools. He  explained  what OIT  is doing  right  now in  the                                                              
executive branch  with AI  tools. He  named some examples:  First,                                                              
OIT  already  uses  AI  in  cybersecurity   systems  that  monitor                                                              
network traffic  and flag unusual behavior for  its teams to check                                                              
out.  Second,  OIT is  about  to  pilot  AI assistants  in  office                                                              
softwarelike    Outlook,  Word,  and   Excel.  These   tools  help                                                              
summarize emails,  draft messages, pull action items  from meeting                                                              
transcripts, and  more. It's meant  to boost productivity  without                                                              
requiring  people  to  learn  new  tools.  He  stated  that  since                                                              
there's a  cost, OIT will start  small, testing the value  in real                                                              
work settings.  Then  OIT will share  what works  best so  leaders                                                              
can decide if and where it's worth expanding.                                                                                   
                                                                                                                                
3:45:22 PM                                                                                                                    
SENATOR BJORKMAN  stated  that legislators  often need to  compare                                                              
two  documents and  analyze  the differences.  He  said he  hasn't                                                              
found a  great AI tool  for that yet. He  asked if Mr.  Smith knew                                                              
of one he could try.                                                                                                            
                                                                                                                                
3:45:44 PM                                                                                                                    
MR.  SMITH answered  that he  doesn't know  of any  but will  talk                                                              
with his  team to  see if there's  an AI  tool that would  compare                                                              
two documents and analyze the differences.                                                                                      
                                                                                                                                
3:46:22 PM                                                                                                                    
MR. SMITH continued  slide 4. He stated that the  next category is                                                              
"professional"  usersthose   between  end  users  and  developers.                                                              
Think of  an accountant who  needs to work  with data  but doesn't                                                              
code. He  said OIT  is using  tools like  Co-Pilot Studio  to help                                                              
build  assistants  for these  users.  He  noted one  example:  OIT                                                              
created  a  chatbot   that  understands  the   security  policies.                                                              
Instead of digging  through long documents, an employee  can ask a                                                              
question  like, "Can  I check the  weather on  my work  computer?"                                                              
and get a clear answer with a policy reference.                                                                                 
                                                                                                                                
3:47:56 PM                                                                                                                    
CHAIR KAWASAKI  commented on  the example given  and asked  if OIT                                                              
are double  checking the answer  AI gives  to match what  a person                                                              
would find if they read through all the documents.                                                                              
                                                                                                                                
3:48:17 PM                                                                                                                    
MR.  SMITH  responded   that  OIT  looks  for   the  accurate  and                                                              
controlled data. He  stated that part of the testing  performed by                                                              
OIT is  proof of  concept using  a chatbot  that pulls  from state                                                              
websites.  He  stated  that  it worked  well  but  sometimes  gave                                                              
outdated infolike   listing someone  no longer  in a role.  That's                                                              
because it  pulled from an  old document and  OIT had to  tweak it                                                              
to prioritize  newer sources.  He said the  tool needs  both clean                                                              
data  and  tuning  to  get  accurate  answers.    OIT  tests  both                                                              
thoroughly.                                                                                                                     
                                                                                                                                
3:49:44 PM                                                                                                                    
SENATOR  BJORKMAN  mentioned  complaints   that  using  the  ALVIN                                                              
system  through  the  DMV is  very  slow.  He  asked if  AI  could                                                              
identify and propose solutions to fix the system like ALVIN.                                                                    
                                                                                                                                
3:50:29 PM                                                                                                                    
MR. SMITH answered  at this time  OIT doesn't have an AI  tool for                                                              
that specifically  but it  is the  type of thing  AI is  used for,                                                              
and the  state may  have it in  the future. He  stated that  AI is                                                              
good at solving problems but not good at solving mysteries.                                                                     
                                                                                                                                
3:51:40 PM                                                                                                                    
MR.  SMITH continued  with  slide 4.  He  explained the  Developer                                                              
group  needs  some  IT  and  programming  skills  but  uses  tools                                                              
already  in OIT's  cloud setup.  He said  several departments  are                                                              
working  with  vendors  on  AI solutions,  made  possible  by  the                                                              
earlier  Rapid  Cloud Migration  Project,  which  created  secure,                                                              
compliant  cloud  spaces  for  each  department.  He  stated  that                                                              
upgrading  Office  licenses also  enabled  access  to advanced  AI                                                              
features. These  tools run  in OIT's  private cloud, keeping  data                                                              
secure and  allowing faster more  confident AI adoption  to better                                                              
serve Alaskans.                                                                                                                 
                                                                                                                                
3:54:15 PM                                                                                                                    
CHAIR  KAWASAKI  said  regarding   testing  the  system  he  asked                                                              
whether  OIT tests  for  specific things  like  biases within  the                                                              
system and does the state have a written policy.                                                                                
                                                                                                                                
3:54:43 PM                                                                                                                    
MR.  SMITH answered  that OIT  doesn't currently  have a  specific                                                              
policy on AI bias,  mainly because of the kind of  AI OIT is using                                                              
right now. Most  of the tools used are pre-trained  models brought                                                              
into  OIT's  secure environment,  where  AI  learns from  our  own                                                              
data. Since those  models are vetted beforehand, the  risk of bias                                                              
is lower than with  public-facing AI. He stated that  if OIT moves                                                              
toward building  its own  large language models,  it will  need to                                                              
be more  careful about  training  and testing  for bias. For  now,                                                              
OIT's focus  has been on educating  employees about  handling data                                                              
responsibly, whether  they're using  AI, email, or  other systems.                                                              
OIT is updating their acceptable use policy to reflect that.                                                                    
                                                                                                                                
3:57:30 PM                                                                                                                    
CHAIR KAWASAKI  asked Mr.  Smith to  explain front facing  systems                                                              
that have an automatic chat bot that answers questions.                                                                         
                                                                                                                                
3:58:08 PM                                                                                                                    
MR.  SMITH  responded  that  natural  language  chatbots  make  it                                                              
easier for  people to  get info without  needing to phrase  things                                                              
perfectly. AI  chatbots remember context  so you can have  a back-                                                              
and-forth conversation.  He stated  many state departments  had AI                                                              
chatbot  on their  wish list  to  start implementing  it. OIT  has                                                              
been testing  several natural language  chatbots and plan  to roll                                                              
them out  across sites  and services soon  to reduce  friction and                                                              
make access easier.  One early version is already live  on the DMV                                                              
siteit's AI-driven and getting better over time.                                                                                
                                                                                                                                
4:02:32 PM                                                                                                                    
At ease.                                                                                                                        
                                                                                                                                
^PRESENTATION(S): A.I. DEEPFAKES and CHATBOTS                                                                                   
          PRESENTATION(S): A.I. DEEPFAKES and CHATBOTS                                                                      
                                                                                                                                
4:03:02 PM                                                                                                                    
CHAIR   KAWASAKI  reconvened   the  meeting   and  announced   the                                                              
Presentation: A.I. Deepfakes and Chatbots                                                                                       
                                                                                                                                
4:05:41 PM                                                                                                                    
ILLANA  BELLER,  Organizing Manager,  Public  Citizen,  Washington                                                              
D.C., provided a presentation A.I. Deepfakes and Chatbots.                                                                      
                                                                                                                                
4:06:55 PM                                                                                                                    
MS. BELLER moved to  slide 3, What is a deepfake  and how are they                                                              
used  in an  election's context.  She  stated that  a deepfake  is                                                              
content  that is  fabricated using  technology. This  can be  done                                                              
through  audio,  video  or  an image.  She  explained  it  depicts                                                              
someone doing or  saying something they never did or  said in real                                                              
life. She  restated the definition  of deepfakes but  in reference                                                              
to election candidates.                                                                                                         
                                                                                                                                
4:08:29 PM                                                                                                                    
MS.  BELLER moved  to  slide 4  and  continued  to emphasize  that                                                              
deepfakes are  more prominent now  than before. She stated  that a                                                              
deepfake scandal occurred in Slovakia's election in 2024.                                                                       
                                                                                                                                
4:10:12 PM                                                                                                                    
MS.  BELLER moved  to slide  5. She  gave another  example of  how                                                              
deepfakes  are used in  elections. She  explained that  during the                                                              
New Hampshire  primary, residents  received deepfake  robocalls of                                                              
President Biden telling the voters not to vote this election.                                                                   
                                                                                                                                
4:11:00 PM                                                                                                                    
MS.  BELLER  moved  to  slide 6.  She  gave  another  example  how                                                              
deepfakes  were   used  during  a  political  campaign   in  North                                                              
Carolina  involving a Political  Action Committee  (PAC) and  Mark                                                              
Walker. She  explained the  process of  how the deepfake  occurred                                                              
and how PAC was  supporting candidate A and then  PAC circulated a                                                              
deepfake of candidate  B (Mark Walker). She continued  with saying                                                              
the video  deepfake showed candidate  B telling the public  he was                                                              
not qualified for  office and predicting candidate A  was going to                                                              
win the election.                                                                                                               
                                                                                                                                
4:12:10 PM                                                                                                                    
MS.  BELLER  moved  to  slide  7   and  stated  that  a  long-term                                                              
consequence of deepfakes is peoples distrust of media.                                                                          
                                                                                                                                
4:12:48 PM                                                                                                                    
MS.  BELLER moved  to slide  8 and  explained  that technology  is                                                              
improving  rapidly.   She  stated   deepfakes  are  improving   in                                                              
quality, quantity  and accessibility.  She emphasized  how quickly                                                              
a bad deepfake can circulate and can cause an outsized effect.                                                                  
                                                                                                                                
4:14:39 PM                                                                                                                    
MS. BELLER moved to slide 9 and spoke about the following:                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
               Legislation Addressing this Issue.                                                                             
                                                                                                                                
             • 21 states have passed legislation to                                                                             
                regulate deepfakes.                                                                                             
             • 49    States   and   D.C.   have    introduced                                                                   
                legislation                                                                                                     
                -Mostly in this session and last                                                                                
                -Most that did not pass was because of time.                                                                    
             • 18 States have already introduced this                                                                           
                legislation this session.                                                                                       
             • Strong bipartisan support, unanimous votes.                                                                      
                                                                                                                                
4:15:52 PM                                                                                                                    
MS. BELLER moved  to slide 10 and explained the  United States map                                                              
shows where  election deepfake bills passed  or are in play  as of                                                              
January  2025.  She said  the  dark  blue states  passed  deepfake                                                              
bills  before 2024.  She said  the lighter  blue represent  states                                                              
that  passed   deepfake  bills  in   2024.  She  said   the  green                                                              
represents states  that have legislation  pending. She  stated the                                                              
deepfake  bills are passing  in republican  and democratic  states                                                              
with an almost nearly unanimous support.                                                                                        
                                                                                                                                
4:16:40 PM                                                                                                                    
MS. BELLER moved to slide 11 and spoke about the following:                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
      Key Elements of Anti-Fraudulent Deepfake Legislation                                                                    
                                                                                                                                
        • Prohibit distribution of unlabeled deepfakes -                                                                        
          Why disclosure not ban?                                                                                             
                                                                                                                                
She stated  there  are a couple  bills  that are  a full ban.  She                                                              
recommends  people  should  require  a  disclosure  instead  of  a                                                              
complete  ban, it's  less likely  to  be challenged  by the  first                                                              
amendment.                                                                                                                      
                                                                                                                                
        • Standards for disclosure - must be very clear and                                                                   
          prominent                                                                                                           
                                                                                                                                
        • Covers all people - not just candidates, parties                                                                    
          and committees. e.g. influencers                                                                                      
                                                                                                                                
       • Usually within a certain number of days of E-day                                                                       
                                                                                                                                
        • Only covers people who knowingly circulate a                                                                        
          deepfake                                                                                                              
                                                                                                                                
        • Establish a right for affected parties to seek                                                                        
          injunction to take it down                                                                                            
                                                                                                                                
        • Establishes penalties                                                                                                 
                                                                                                                                
4:19:44 PM                                                                                                                    
MS. BELLER moved to slide 12 and spoke about the following:                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                           Protections No liability for broadcasters or platforms that                                                                     
          make reasonable effort to prevent deepfakes, or                                                                       
          that show deepfakes as part of news coverage and                                                                      
          describe as deepfakes                                                                                                 
                                                                                                                                
        • Satire and parody are protected                                                                                       
                                                                                                                                
        • Individuals who are unknowingly reposting are not                                                                     
          held liable                                                                                                           
                                                                                                                                
4:20:59 PM                                                                                                                    
MS. BELLER moved to slide 13 and spoke about the following:                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Lessons Learned                                                                                                          
                                                                                                                                
     - Clear definitions is critical                                                                                        
                                                                                                                                
       -Depicts someone doing or saying something they never                                                                    
       did or said                                                                                                              
                                                                                                                                
       -Provides a fundamentally different understanding of                                                                   
       the persons speech or behavior                                                                                           
                                                                                                                                
       -Intent to undermine candidates' reputation or                                                                           
       otherwise deceive voters                                                                                                 
                                                                                                                                
       -Satire and parody exemptions                                                                                            
                                                                                                                                
       -Liability must be on the distributor                                                                                    
                                                                                                                                
4:23:54 PM                                                                                                                    
MS.  BELLER moved  to  slide 14  and 15,  Non-Consensual  Intimate                                                              
Deepfakes and What  is an intimate deepfake. She  said an intimate                                                              
deepfake is  fabricated content  of a sexual  act or in  the nude,                                                              
in the form  of a video or image  that's not real. She  stated the                                                              
intimate deepfakes are more common than election deepfakes.                                                                     
                                                                                                                                
4:25:08 PM                                                                                                                    
MS. BELLER moved to slide 16 and spoke about the following:                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Pervasiveness of this Problem                                                                                            
                                                                                                                                
        • Intimate deepfakes make up 98 percent of all                                                                          
          deepfakes                                                                                                             
                                                                                                                                
        • 99 percent of victims are women                                                                                       
                                                                                                                                
        • Children (girls) are a significant percentage of                                                                      
          the victims                                                                                                           
                                                                                                                                
        • A study recently found that 57 percent of those                                                                       
          under   18  years  of   age  are  concerned   about                                                                   
          becoming  victims  to  intimate  deepfakes  and  10                                                                   
          percent of  individuals reported being a  victim of                                                                   
         intimate deepfakes, knowing a victim, or both.                                                                         
                                                                                                                                
        • WIRED found on Telegram at least 50 bots that                                                                         
          claim to create explicit photos or videos of                                                                          
          people with only a couple of clicks - these bots                                                                      
          have over 4 million monthly users                                                                                     
                                                                                                                                
4:26:45 PM                                                                                                                    
MS.  BELLER  moved  to  slide  17,  Examples.  She  mentioned  the                                                              
examples of  intimate deepfakes around  the world reported  by the                                                              
news.                                                                                                                           
                                                                                                                                
4:28:15 PM                                                                                                                    
MS. BELLER  moved to  slide 18.  She read  the different  types of                                                              
harm  that can  be  the  outcome of  being  a victim  of  intimate                                                              
deepfakes.  She  said  deepfake  pornography  is  being  used  for                                                              
sexual  extortion, as  a result  there have  been a  few cases  of                                                              
suicide.                                                                                                                        
                                                                                                                                
4:29:41 PM                                                                                                                    
MS. BELLER  moved to  slide 19, State  Tracker. She discussed  the                                                              
United States map  that showed the 30 dark green  states that have                                                              
passed  legislation,  the  light  green  states  have  legislation                                                              
that's pending,  the bright green states have  passed legislation,                                                              
but it  only covers  minors.  4 out of  5 states  that passed  the                                                              
child  only deepfake  laws  last year;  have  now introduced  laws                                                              
that would cover everyone.                                                                                                      
                                                                                                                                
4:30:54 PM                                                                                                                    
MS. BELLER moved to slide 20 and spoke about the following:                                                                     
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Legislation Passed in the States                                                                                         
        • 30 states have enacted legislation + 1 more just                                                                      
          passed                                                                                                                
        • 45 states have introduced legislation                                                                                 
        • Broad bipartisan support                                                                                              
                                                                                                                                
4:31:20 PM                                                                                                                    
MS. BELLER moved  to slide 21, Model Legislation.  She stated that                                                              
Public Citizen has  shared a model bill and have  seen states take                                                              
a few main  approaches: about half passed standalone  laws, others                                                              
updated  private image  or  revenge porn  laws,  and some  amended                                                              
child porn  laws when  minors are  involved. She  said for  states                                                              
updating  private image laws,  it's critical  to include  "intent"                                                              
in  the criminal  section. She  stated that's  because courts  may                                                              
argue  that privacy  violations  don't apply  if  the image  isn't                                                              
technically "real,"  even if  it looks just  like the  person. She                                                              
emphasized just adding "deepfake"  to the definition isn't enough.                                                              
Intent to harass,  threaten, or alarm usually needs  to be clearly                                                              
included. She then spoke about the following:                                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Model Legislation.                                                                                                       
                                                                                                                                
     A few  important recommendations  to  keep in mind  when                                                                 
     drafting this legislation:                                                                                               
                                                                                                                                
     1.Provide   for  both  civil   liability  and   criminal                                                                   
     penalties.  Civil   liability  can  afford   the  victim                                                                   
     injunctive  and  economic  relief   while  the  criminal                                                                   
     penalty can act as a deterrent.                                                                                            
                                                                                                                                
     2.  Allow for  a  defense of  consent  but require  more                                                                   
     than mere assertions of oral consent to satisfy it.                                                                        
                                                                                                                                
     3.   Disclaimers  of   inauthenticity  or   unauthorized                                                                   
     creation should  not be permitted  as a defense  against                                                                   
     intimate   deepfakes,  as  such   disclosure  does   not                                                                   
     mitigate the  reputation and psychological harm  done to                                                                   
     the victims.                                                                                                               
                                                                                                                                
     https://www.citizen.org/article/public-citizen-model-                                                                      
     state-law-regulating-non-consensual-intimate-                                                                              
     deepfakes/                                                                                                                 
                                                                                                                                
4:34:58 PM                                                                                                                    
MS.  BELLER  moved to  slide  23.  Consumer Protection  +  Chatbot                                                              
Labeling.  She  stated  that  more   people  are  catching  on  to                                                              
chatbots,  and   some  states  are   starting  to   require  clear                                                              
disclosure when someone  is interacting with one.  This applies to                                                              
both sales  bots and bots used  in areas like healthcare  or legal                                                              
services. She  said the concern is  that bots can  access personal                                                              
data  and use  algorithms to  manipulate  behaviorlike  fast  food                                                              
bots  upselling  based  on  past orders  and  people  could  think                                                              
they're  talking  to a  doctor  or lawyer  when  it's  a bot.  She                                                              
opined  it's  a  simple fixjust   make  sure  users  know  they're                                                              
dealing with  AI. A few states  have passed or introduced  laws on                                                              
this, and it has bipartisan support.                                                                                            
                                                                                                                                
4:38:05 PM                                                                                                                    
CHAIR KAWASAKI asked  how to tell the difference  between harmless                                                              
altered deepfakes  and deepfakes  that cross  a legal and  ethical                                                              
line.                                                                                                                           
                                                                                                                                
4:38:45 PM                                                                                                                    
MS.   BELLER  answered   that  Public   Citizen's  model   defines                                                              
synthetic  media as manipulated  images, audio,  or video  showing                                                              
someone's  appearance,  speech,  or  conduct.  When  it  comes  to                                                              
deceptive  and fraudulent  deepfakes  are what  Public Citizen  is                                                              
seeking  to regulate.  This type  of deepfake  is synthetic  media                                                              
that  depicts  a  candidate  with   the  intent  to  injure  their                                                              
reputation  or deceive  the voter  or mislead  voters. She  stated                                                              
that the  deepfake must  appear real  to a  reasonable person  and                                                              
show someone  saying or  doing something they  didn't. The  key is                                                              
intent  and  whether  it  gives a  viewer  a  fundamentally  false                                                              
impression of what  happened. She said minor edits,  like removing                                                              
a mole or adjusting height, wouldn't meet that threshold.                                                                       
                                                                                                                                
4:41:31 PM                                                                                                                    
CHAIR  KAWASAKI  asked  if child  pornography  should  be  illegal                                                              
regardless how its presented, by artificial intelligence or not.                                                                
                                                                                                                                
4:42:12 PM                                                                                                                    
MS.  BELLER  responded  that many  states  are  updating  existing                                                              
child pornography  laws to include synthetic media  and deepfakes.                                                              
Most of  these updates  expand the  definition  to cover not  just                                                              
distribution  but also  possessionthough  not  all states  include                                                              
possession.  She  stated that  it's  up  to legislators,  but  the                                                              
trend is to tweak current laws to fully cover this content.                                                                     
                                                                                                                                
4:44:54 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Kawasaki adjourned the Senate State Affairs Standing                                                                      
Committee meeting at 4:44 p.m.                                                                                                  
                                                                                                                                

Document Name Date/Time Subjects
SSTA DOA OIT AI Presentation 2.6.25.pdf SSTA 2/6/2025 3:30:00 PM
AI Presentation - AK Senate State Affairs Committee.pdf SSTA 2/6/2025 3:30:00 PM