Bill Text: IL HB5321 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5321 Detail]

Download: Illinois-2023-HB5321-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB5321 Introduced , 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.
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A BILL FOR
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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;

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(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,

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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

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