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.


LRB103 38172 SPS 68305 b

 

 

A BILL FOR

 

HB5321LRB103 38172 SPS 68305 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2EEEE as follows:
 
6    (815 ILCS 505/2EEEE new)
7    Sec. 2EEEE. Artificial intelligence labeling.
8    (a) As used in this Section:
9    "AI-generated content" means means image, video, audio,
10multimedia, or text content that is substantially created or
11modified by a generative artificial intelligence system such
12that the use of the system materially alters the meaning or
13significance that a reasonable person would take away from the
14content.
15    "Artificial intelligence chatbot" means generative
16artificial intelligence system with which users can interact
17by or through an interface that approximates or simulates
18conversation.
19    "Clear and conspicuous" with respect to a disclosure,
20means that the disclosure meets the following criteria:
21        (1) for any content that is solely visual or solely
22    audible, the disclosure is made through the same means
23    through which the content is presented;

 

 

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1        (2) for any content that is both visual and audible,
2    the disclosure is visual and audible;
3        (3) for a visual disclosure, the disclosure, by its
4    size, contrast, location, the length of time it appears,
5    and other characteristics, stands out from any
6    accompanying text or other visual elements so that the
7    disclosure is easily noticed, read, and understood;
8        (4) for an audible disclosure, the disclosure is
9    delivered in a volume, speed, and cadence sufficient for a
10    reasonable person to easily hear and understand the
11    disclosure;
12        (5) the disclosure is not be avoidable;
13        (6) the disclosure uses diction and syntax
14    understandable to a reasonable person; and
15        (7) the disclosure is not be contradicted, mitigated
16    by, or inconsistent with anything else in the
17    communication.
18    "Generative artificial intelligence system" means any
19system that uses artificial intelligence to generate or
20substantially modify image, video, audio, multimedia, or text
21content.
22    "Metadata" has the meaning ascribed to that term in 44
23U.S.C. 3502.
24    "Platform" has the meaning ascribed to the term in the
25"interactive computer service" in 47 U.S.C. 230(f).
26    (b) Each generative artificial intelligence system that,

 

 

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1using any means or facility of interstate or foreign commerce,
2produces image, video, audio, or multimedia AI-generated
3content shall include on the AI-generated content a clear and
4conspicuous disclosure that meets the following criteria:
5        (1) the disclosure shall include a clear and
6    conspicuous notice, as appropriate for the medium of the
7    content, that identifies the content as AI-generated
8    content;
9        (2) the output's metadata information shall include an
10    identification of the content as being AI-generated
11    content, the identity of the tool used to create the
12    content, and the date and time the content was created;
13    and
14        (3) the disclosure shall, to the extent technically
15    feasible, be permanent or unable to be easily removed by
16    subsequent users.
17    (c) Each artificial intelligence system that, using any
18means or facility of interstate or foreign commerce, produces
19text AI-generated content, including through an artificial
20intelligence chatbot, shall include a clear and conspicuous
21disclosure that identifies the content as AI-generated content
22and that is, to the extent technically feasible, permanent or
23unable to be easily removed by subsequent users.
24    (d) Any entity that develops a generative artificial
25intelligence system shall implement reasonable procedures to
26prevent downstream use of the system without the disclosures

 

 

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1required under this Section, including by:
2        (1) requiring by contract that end users and
3    third-party licensees of the system refrain from removing
4    any required disclosure;
5        (2) requiring certification that end users and
6    third-party licensees will not remove any disclosure; and
7        (3) terminating access to the system when the entity
8    has reason to believe that an end user or third-party
9    licensee has removed the required disclosure.
10    (e) Any third-party licensee of a generative artificial
11intelligence system shall implement reasonable procedures to
12prevent downstream use of the system without the disclosures
13required under this Section, including by:
14        (1) requiring by contract that users of the system
15    refrain from removing any required disclosure;
16        (2) requiring certification that end users will not
17    remove any disclosure; and
18        (3) terminating access to the system when the
19    third-party licensee has reason to believe that an end
20    user has removed the required disclosure.
21    (f) A violation of this Section constitutes an unlawful
22practice within the meaning of this Act.