House Bill 2396 — State of Washington, 66th Legislature (2020 Regular Session)

Summary

House Bill 2396, State of Washington 66th Legislature, 2020 Regular Session, prefiled 01/10/20 by Representatives Hudgins, Tarleton and Wylie, and referred to the Committee on Innovation, Technology & Economic Development. The bill relates to the regulation of bot communication on public-facing internet web sites. It makes it unlawful to use a bot to communicate with another person in Washington online with the intent to mislead the person about its artificial identity to incentivize a purchase or sale of goods or services, and provides that a person using a bot is not liable if the person discloses that it is a bot. It requires an online platform to enable users to identify and report bots, adds a section on online political advertising to chapter 42.17A RCW, and takes effect January 1, 2021.

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“House Bill 2396 — State of Washington, 66th Legislature (2020 Regular Session).” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2020-01-15-a26231-bill-2396-fb1ee9934a/, SHA-256 45e68a0def48ba4be64906f769b9544595ebc648d527cecbff17eecfc880ebd9.

Full text

     H-3764.1

                                HOUSE BILL 2396


     State of Washington       66th Legislature        2020 Regular Session

     By Representatives Hudgins, Tarleton, and Wylie

     Prefiled 01/10/20. Read first time 01/13/20. Referred to Committee
     on Innovation, Technology & Economic Development.




 1       AN ACT Relating to the regulation of bot communication on public-
 2   facing internet web sites; adding a new section to chapter 42.17A
 3   RCW; adding a new chapter to Title 19 RCW; and providing an effective
 4   date.


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


 6       NEW SECTION.    Sec. 1.   The definitions in this section apply
 7   throughout   this   chapter unless   the  context   clearly  requires
 8   otherwise.
 9       (1) "Bot" means an automated online account where all or
10   substantially all of the actions or posts of that account are not the
11   result of a person.
12       (2) "Online" means appearing on any public-facing internet web
13   site, web application, or digital application, including a social
14   network or publication.
15       (3) "Online platform" means any public-facing internet web site,
16   web application, or digital application, including a social network
17   or publication, that has ten million or more unique monthly United
18   States visitors or users for a majority of months during the
19   preceding twelve months.
20       (4) "Person" means a natural person, corporation, limited
21   liability company, partnership, joint venture, association, estate,
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1    trust, government, governmental subdivision or agency, or other legal
2    entity or any combination thereof.


 3       NEW SECTION. Sec. 2. (1) Except as provided in subsection (2)
 4   of this section, it shall be unlawful for any person to use a bot to
 5   communicate or interact with another person in Washington online,
 6   with the intent to mislead the other person about its artificial
 7   identity for the purpose of knowingly deceiving the person about the
 8   content of the communication to incentivize a purchase or sale of
 9   goods or services in a commercial transaction.
10       (2) A person using a bot shall not be liable under subsection (1)
11   of this section if the person discloses that it is a bot.
12       (3) The disclosure required under this section shall be clear,
13   conspicuous, and reasonably designed to inform persons with whom the
14   bot communicates or interacts that it is a bot.


15       NEW SECTION. Sec. 3. (1) An online platform shall enable users
16   to identify and report bots that the user suspects of violating this
17   chapter or section 6 of this act.
18       (2)(a) After receiving notice of a bot under subsection (1) of
19   this section, an online platform shall expeditiously investigate and
20   determine whether or not to disclose that the bot is not a natural
21   person or remove the bot.
22       (b) An online platform's investigation and response shall be
23   expeditious if it occurs within seventy-two hours of receipt of the
24   notice.
25       (3) Upon request of the attorney general, an online platform
26   shall provide reports detailing notices received under subsection (2)
27   of this section and actions taken in response.

28       NEW SECTION. Sec. 4. (1) The duties and obligations imposed by
29   this chapter are cumulative with any other duties or obligations
30   imposed by any other law.
31       (2) If any provision of this act or its application to any person
32   or circumstance is held invalid, the remainder of the act or the
33   application of the provision to other persons or circumstances is not
34   affected.


35       NEW SECTION. Sec. 5.  The legislature finds that the practices
36   covered by this chapter are matters vitally affecting the public
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 1   interest for the purpose of applying chapter 19.86 RCW. A violation
 2   of this chapter is not reasonable in relation to the development and
 3   preservation of business and is an unfair or deceptive act in trade
 4   or commerce and an unfair method of competition for the purpose of
 5   applying chapter 19.86 RCW.


 6       NEW SECTION. Sec. 6. A new section is added to chapter 42.17A
 7   RCW   under  the   subchapter  heading   "political  advertising  and
 8   electioneering communications" to read as follows:
 9       (1) Except as provided in subsection (2) of this section, it is
10   unlawful for any person to use a bot to communicate or interact with
11   another person in Washington for the purposes of online political
12   advertising, with the intent to mislead the other person about its
13   artificial identity for the purpose of knowingly deceiving the person
14   about the content of the communication.
15       (2) A person using a bot for political advertising shall not be
16   liable under subsection (1) of this section if the person discloses
17   that it is a bot.
18       (3) The disclosure required under this section shall be clear,
19   conspicuous, and reasonably designed to inform persons with whom the
20   bot communicates or interacts that it is a bot.
21       (4) For the purposes of this section, the following definitions
22   apply unless the context clearly requires otherwise:
23       (a) "Bot" has the meaning provided in section 1 of this act.
24       (b) "Online" has the meaning provided in section 1 of this act.
25       (c) "Online platform" has the meaning provided in section 1 of
26   this act.
27       (d) "Person" has the meaning provided in section 1 of this act.

28       NEW SECTION.     Sec. 7.    Sections 1    through   5   of   this   act
29   constitute a new chapter in Title 19 RCW.


30      NEW SECTION.   Sec. 8.   This act takes effect January 1, 2021.

                                   --- END ---




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