HB5321 103RD GENERAL ASSEMBLY

LRB103 38172 SPS 68305 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5321

Introduced 2/9/2024, by Rep. Abdelnasser Rashid

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2EEEE new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that each generative artificial intelligence system and artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated content shall include on the AI-generated content a clear and conspicuous disclosure that satisfies specified criteria. Provides that any entity that develops a generative artificial intelligence system and third-party licensee of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of the system without the required disclosures. Provides that a violation of the provisions constitutes an unlawful practice within the meaning of the Act.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2EEEE as follows:

(815 ILCS 505/2EEEE new)

Sec. 2EEEE. Artificial intelligence labeling.

(a) As used in this Section:

"AI-generated content" means means image, video, audio, multimedia, or text content that is substantially created or modified by a generative artificial intelligence system such that the use of the system materially alters the meaning or significance that a reasonable person would take away from the content.

"Artificial intelligence chatbot" means generative artificial intelligence system with which users can interact by or through an interface that approximates or simulates conversation.

"Clear and conspicuous" with respect to a disclosure, means that the disclosure meets the following criteria:

(1) for any content that is solely visual or solely audible, the disclosure is made through the same means through which the content is presented;

(2) for any content that is both visual and audible, the disclosure is visual and audible;

(3) for a visual disclosure, the disclosure, by its size, contrast, location, the length of time it appears, and other characteristics, stands out from any accompanying text or other visual elements so that the disclosure is easily noticed, read, and understood;

(4) for an audible disclosure, the disclosure is delivered in a volume, speed, and cadence sufficient for a reasonable person to easily hear and understand the disclosure;

(5) the disclosure is not be avoidable;

(6) the disclosure uses diction and syntax understandable to a reasonable person; and

(7) the disclosure is not be contradicted, mitigated by, or inconsistent with anything else in the communication.

"Generative artificial intelligence system" means any system that uses artificial intelligence to generate or substantially modify image, video, audio, multimedia, or text content.

"Metadata" has the meaning ascribed to that term in 44 U.S.C. 3502.

"Platform" has the meaning ascribed to the term in the "interactive computer service" in 47 U.S.C. 230(f).

(b) Each generative artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces image, video, audio, or multimedia AI-generated content shall include on the AI-generated content a clear and conspicuous disclosure that meets the following criteria:

(1) the disclosure shall include a clear and conspicuous notice, as appropriate for the medium of the content, that identifies the content as AI-generated content;

(2) the output's metadata information shall include an identification of the content as being AI-generated content, the identity of the tool used to create the content, and the date and time the content was created; and

(3) the disclosure shall, to the extent technically feasible, be permanent or unable to be easily removed by subsequent users.

(c) Each artificial intelligence system that, using any means or facility of interstate or foreign commerce, produces text AI-generated content, including through an artificial intelligence chatbot, shall include a clear and conspicuous disclosure that identifies the content as AI-generated content and that is, to the extent technically feasible, permanent or unable to be easily removed by subsequent users.

(d) Any entity that develops a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of the system without the disclosures required under this Section, including by:

(1) requiring by contract that end users and third-party licensees of the system refrain from removing any required disclosure;

(2) requiring certification that end users and third-party licensees will not remove any disclosure; and

(3) terminating access to the system when the entity has reason to believe that an end user or third-party licensee has removed the required disclosure.

(e) Any third-party licensee of a generative artificial intelligence system shall implement reasonable procedures to prevent downstream use of the system without the disclosures required under this Section, including by:

(1) requiring by contract that users of the system refrain from removing any required disclosure;

(2) requiring certification that end users will not remove any disclosure; and

(3) terminating access to the system when the third-party licensee has reason to believe that an end user has removed the required disclosure.

(f) A violation of this Section constitutes an unlawful practice within the meaning of this Act.