H-0309.1

HOUSE BILL 1170

ByRepresentatives Shavers, Taylor, Ryu, Ramel, Fosse, Wylie, Pollet, Ormsby, and Hill

AN ACT Relating to informing users when content is developed or modified by artificial intelligence; and adding a new chapter to Title 19 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

(1) "Artificial intelligence" or "AI" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.

(2) "Covered provider" means a person that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is publicly accessible within the geographic boundaries of the state.

(3) "Generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video, and audio, that emulates the structure and characteristics of the system's training data.

(4) "Latent" means present but not manifest.

(5) "Manifest" means easily perceived, understood, or recognized by a natural person.

(6) "Metadata" means structural or descriptive information about data.

(7) "Personal information" has the same meaning as defined in RCW 19.255.005.

(8) "Personal provenance data" means provenance data that contains either of the following:

(a) Personal information; or

(b) Unique device, system, or service information that is reasonably capable of being associated with a particular user.

(9) "Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification.

(10) "System provenance data" means provenance data that is not reasonably capable of being associated with a particular user and that contains either of the following:

(a) Information regarding the type of device, system, or service that was used to generate a piece of digital content; or

(b) Information related to content authenticity.

(a) The tool allows a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or altered by the covered provider's generative artificial intelligence system;

(b) The tool outputs any system provenance data that is detected in the content;

(c) The tool does not output any personal provenance data that is detected in the content;

(d) The tool is publicly accessible, although a covered provider may impose reasonable limitations on access to the tool to prevent, or respond to, demonstrable risks to the security or integrity of its generative artificial intelligence system;

(e) The tool allows a user to upload content or provide a uniform resource locator linking to online content; and

(f) The tool supports an application programming interface that allows a user to invoke the tool without visiting the covered provider's internet website.

(2) A covered provider shall collect user feedback related to the efficacy of the covered provider's artificial intelligence detection tool and incorporate relevant feedback into any attempt to improve the efficacy of the tool.

(3) A covered provider may not do any of the following:

(a) Collect or retain personal information from users of the covered provider's artificial intelligence detection tool, except:

(i) A covered provider may collect and retain the contact information of a user who submits feedback pursuant to subsection (2) of this section if the user opts in to being contacted by the covered provider; and

(ii) User information collected may only be used to evaluate and improve the efficacy of the covered provider's artificial intelligence detection tool;

(b) Retain any content submitted to the artificial intelligence detection tool for longer than is necessary to comply with this section; or

(c) Retain any personal provenance data from content submitted to the artificial intelligence detection tool by a user.

(a) The disclosure identifies content as AI-generated content;

(b) The disclosure is clear, conspicuous, appropriate for the medium of the content, and understandable to a reasonable person; and

(c) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.

(2) A covered provider shall include a latent disclosure in AI-generated image, video, or audio content, or content that is any combination thereof, created by the covered provider's generative artificial intelligence system that meets all of the following criteria:

(a) To the extent it is technically feasible and reasonable, the disclosure conveys all of the following information, either directly or through a link to a permanent internet website:

(i) The name of the covered provider;

(ii) The name and version number of the generative artificial intelligence system that created or altered the content;

(iii) The time and date of the content's creation or alteration; and

(iv) A unique identifier;

(b) The disclosure is detectable by the covered provider's artificial intelligence detection tool;

(c) The disclosure is consistent with widely accepted industry standards;

(d) The disclosure is permanent or extraordinarily difficult to remove, to the extent it is technically feasible.

(3)(a) If a covered provider licenses its generative artificial intelligence system to a third party, the covered provider shall require by contract that the licensee maintain the system's capability to include a disclosure required by subsection (2) of this section in content the system creates or alters.

(b) If a covered provider knows that a third-party licensee modified a licensed generative artificial intelligence system such that it is no longer capable of including a disclosure required by subsection (2) of this section in content the system creates or alters, the covered provider shall revoke the license within 96 hours of discovering the licensee's action.

(c) A third-party licensee shall cease using a licensed generative artificial intelligence system after the license for the system has been revoked by the covered provider pursuant to (b) of this subsection.

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