House Bill 1168, Increasing Transparency in Artificial Intelligence (Washington, 2025)

Summary

House Bill 1168, State of Washington, 2025 Regular Session, by Representatives Shavers, Taylor, Ryu, and Fosse, prefiled 01/06/25 and read first time 01/13/25, then referred to Committee on Technology, Economic Development, & Veterans. The act relates to increasing transparency in artificial intelligence and prescribes penalties. On or before January 1, 2026, and before each time a generative artificial intelligence system or service is made publicly available to Washingtonians, the developer shall post on the developer's internet website documentation regarding the data used to train it, including a high-level summary of the datasets. The attorney general shall enforce the chapter, and a developer in violation is liable for a civil penalty of $5,000 per violation.

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Full text

     H-0302.1

                                HOUSE BILL 1168


     State of Washington       69th Legislature       2025 Regular Session

     By Representatives Shavers, Taylor, Ryu, and Fosse

     Prefiled 01/06/25. Read first time 01/13/25. Referred to Committee
     on Technology, Economic Development, & Veterans.




 1       AN ACT Relating to increasing transparency in artificial
 2   intelligence; adding a new chapter to Title 19 RCW; and prescribing
 3   penalties.


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


 5       NEW SECTION.    Sec. 1.    The definitions in this section apply
 6   throughout   this  chapter   unless  the   context  clearly  requires
 7   otherwise.
 8       (1) "Aggregate consumer information" means information that
 9   relates to a group or category of consumers, from which individual
10   consumer identities have been removed, that is not linked or
11   reasonably linkable to any consumer or household, including via a
12   device. "Aggregate consumer information" does not mean one or more
13   individual consumer records that have been identified.
14       (2) "Artificial intelligence" means an engineered or machine-
15   based system that varies in its level of autonomy and that can, for
16   explicit or implicit objectives, infer from the input it receives how
17   to generate outputs that can influence physical or virtual
18   environments.
19       (3) "Developer" means a person, partnership, state or local
20   government agency, or corporation that designs, codes, produces, or
21   substantially modifies an artificial intelligence system or service
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 1   for use by members of the public. For the purposes of this
 2   definition, "members of the public" does not include an affiliate as
 3   defined in RCW 19.146.010 or a hospital's medical staff member.
 4       (4)   "Generative   artificial  intelligence"   means   artificial
 5   intelligence that can generate derived synthetic content, such as
 6   text, images, video, and audio, that emulates the structure and
 7   characteristics of the artificial intelligence's training data.
 8       (5) "Security and integrity" means the ability of:
 9       (a) Networks or information systems to detect security incidents
10   that compromise the availability, authenticity, integrity, and
11   confidentiality of stored or transmitted personal information;
12       (b)   Developers,  users,   or  businesses   to  detect   security
13   incidents, resist malicious, deceptive, fraudulent, or illegal
14   actions and to help prosecute those responsible for those actions;
15   and
16       (c) Developers, users, or businesses to ensure the physical
17   safety of natural persons.
18       (6) "Substantially modifies" or "substantial modification" means
19   a new version, new release, or other update to a generative
20   artificial intelligence system or service that materially changes its
21   functionality or performance, including the results of retraining or
22   fine tuning.
23       (7) "Synthetic data generation" means a process in which seed
24   data are used to create artificial data that have some of the
25   statistical characteristics of the seed data.
26       (8) "Train a generative artificial intelligence system or
27   service" includes testing, validating, or fine tuning by the
28   developer of the artificial intelligence system or service.

29        NEW SECTION.  Sec. 2.    (1) On or before January 1, 2026, and
30   before each time thereafter that a generative artificial intelligence
31   system or service, or a substantial modification to a generative
32   artificial intelligence system or service, released on or after
33   January 1, 2022, is made publicly available to Washingtonians for
34   use,    regardless of   whether  the   terms  of  that   use  include
35   compensation, the developer of the system or service shall post on
36   the developer's internet website documentation regarding the data
37   used by the developer to train the generative artificial intelligence
38   system or service including, but not limited to:


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 1       (a) A high-level summary of the datasets used in the development
 2   of   the  generative   artificial  intelligence   system  or  service
 3   including, but not limited to:
 4       (i) The sources or owners of the datasets;
 5       (ii) A description of how the datasets further the intended
 6   purpose of the artificial intelligence system or service;
 7       (iii) The number of data points included in the datasets, which
 8   may be in general ranges, and with estimated figures for dynamic
 9   datasets;
10       (iv) A description of the types of data points within the
11   datasets;
12       (v) Whether the datasets include any data protected by copyright,
13   trademark, or patent, or whether the datasets are entirely in the
14   public domain;
15       (vi) Whether the datasets were purchased or licensed by the
16   developer;
17       (vii) Whether the datasets include personal information, as
18   defined in RCW 19.255.005;
19       (viii)   Whether   the   datasets   include   aggregate   consumer
20   information;
21       (ix) Whether there was any cleaning, processing, or other
22   modification to the datasets by the developer, including the intended
23   purpose of those efforts in relation to the artificial intelligence
24   system or service;
25       (x) The time period during which the data in the datasets were
26   collected, including a notice if the data collection is ongoing;
27       (xi) The dates the datasets were first used during the
28   development of the artificial intelligence system or service; and
29       (xii) Whether the generative artificial intelligence system or
30   service used or continuously uses synthetic data generation in its
31   development. A developer may include a description of the functional
32   need or desired purpose of the synthetic data in relation to the
33   intended purpose of the system or service.
34       (b) For purposes of this subsection, the following definitions
35   apply:
36       (i) As applied to datasets that include labels, "types of data
37   points" means the types of labels used; and
38       (ii) As applied to datasets without labeling, "types of data
39   points" refers to the general characteristics.


                                     p. 3                          HB 1168
 1       (2) A developer is not required to post documentation regarding
 2   the data used to train a generative artificial intelligence system or
 3   service for any of the following:
 4       (a) A generative artificial intelligence system or service whose
 5   sole purpose is to help ensure security and integrity;
 6       (b) A generative artificial intelligence system or service whose
 7   sole purpose is the operation of aircraft in the national airspace;
 8   and
 9       (c) A generative artificial intelligence system or service
10   developed for national security, military, or defense purposes that
11   is made available only to a federal entity.

12       NEW SECTION.   Sec. 3.   The attorney general shall enforce this
13   chapter, and a developer who is found in violation of this chapter is
14   liable for a civil penalty in the amount of $5,000 per violation to
15   be collected in a civil action filed by the attorney general. Each
16   day that a developer is in violation of this chapter is a discrete
17   violation.


18       NEW SECTION.     Sec. 4.    Sections 1   through   3   of   this   act
19   constitute a new chapter in Title 19 RCW.

                                  --- END ---




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