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House Bill Analysis, HB 1170, Technology, Economic Development, & Veterans Committee

Summary

House of Representatives Office of Program Research bill analysis of HB 1170, Informing users when content is developed or modified by artificial intelligence, for the Technology, Economic Development, & Veterans Committee, with a hearing date of 1/17/25. Sponsors are Representatives Shavers, Taylor, Ryu, Ramel, Fosse, Wylie, Pollet, Ormsby and Hill. The brief summary says providers of certain generative artificial intelligence systems must make an AI detection tool available to users, offer users the option of including disclosures in content, and include latent disclosures in content created by their systems. A covered provider is a person that produces a generative AI system with over 1,000,000 monthly visitors or users that is publicly accessible in Washington.

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“House Bill Analysis, HB 1170, Technology, Economic Development, & Veterans Committee.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2025-01-28-a32578-d289019-bill-analysis-8f2230dbac/, SHA-256 332b0b0c7087a66123614a5c0a3f817c612da8fa571b8c3348031d884e08042a.

Full text

Washington State                    BILL
House of Representatives
Office of Program Research   ANALYSIS
Technology, Economic Development, &
Veterans Committee
                                        HB 1170
Brief Description: Informing users when content is developed or modified by artificial
     intelligence.

Sponsors: Representatives Shavers, Taylor, Ryu, Ramel, Fosse, Wylie, Pollet, Ormsby and Hill.


                                     Brief Summary of Bill
          • Requires providers of certain generative artificial intelligence (AI)
            systems to make an AI detection tool available to users.
          • Requires providers of certain generative AI systems to offer users the
            option of including disclosures in content created or altered by the
            systems.
          • Requires providers of certain generative AI systems to include latent
            disclosures in content created by their systems.


Hearing Date: 1/17/25

Staff: Emily Poole (786-7106).

Background:

Artificial intelligence (AI) is defined and understood in different ways. The National Artificial
Intelligence Initiative Act of 2020 (Act) defines AI as a machine-based system that can, for a
given set of human-defined objectives, make predictions, recommendations, or decisions
influencing real or virtual environments. The Act further describes AI systems as systems using
machine- and human-based inputs to: (1) perceive real and virtual environments; (2) abstract
such perceptions into models through analysis in an automated manner; and (3) use model




     This analysis was prepared by non-partisan legislative staff for the use of legislative
     members in their deliberations. This analysis is not part of the legislation nor does it
     constitute a statement of legislative intent.

House Bill Analysis                             -1-                                         HB 1170
inference to formulate options for information or action.

By Executive Order, the White House adopted the Act's definition of AI and defined related
concepts, including defining "generative AI" as the class of AI models that emulate the structure
and characteristics of input data in order to generate derived synthetic content, which may
include images, videos, audio, text, and other digital content.

Summary of Bill:

Artificial Intelligence Detection Tool.
A person that produces a generative artificial intelligence (AI) system that has over
1,000,000 monthly visitors or users and is publicly accessible in Washington (a "covered
provider") is required to make available an AI detection tool at no cost to the user.

The tool must:
   • allow a user to assess whether image, video, or audio content was created or altered by the
      covered provider's generative AI system;
   • output any system provenance data that is detected without outputting any personal
      provenance data that is detected in the content;
   • be publicly accessible, with some exceptions;
   • allow a user to upload content or provide a uniform resource locator linking to online
      content; and
   • support an application programming interface that allows a user to invoke the tool without
      visiting the covered provider's website.

A covered provider is prohibited from:
   • collecting or retaining personal information from users of the tool, with certain exceptions;
   • retaining any content submitted to the tool for longer than is necessary; and
   • retaining any personal provenance data from content submitted to the tool.

Disclosures.
A covered provider is required to offer the user the option to include a manifest disclosure in
image, video, or audio content created or altered by the covered provider's generative AI system.
The disclosure must:
   • identify content as AI-generated content;
   • be clear, conspicuous, appropriate for the medium of the content, and understandable to a
      reasonable person; and
   • be permanent or extraordinarily difficult to remove, to the extent it is technically feasible.

A covered provider is required to include a latent disclosure in AI-generated image, video, or
audio content created by the covered provider's generative AI system. To the extent it is
technically feasible and reasonable, the disclosure must convey all of the following information:
    • the name of the covered provider;
    • the name and version number of the generative AI system that created or altered the


House Bill Analysis                             -2-                                        HB 1170
      content;
    • the time and date of the content's creation or alteration; and
    • a unique identifier.

The latent disclosure must also be detectable by the covered provider's AI detection tool,
consistent with widely accepted industry standards, and permanent or extraordinarily difficult to
remove, to the extent it is technically feasible.

If a covered provider licenses its generative AI system to a third party, the covered provider must
require that the licensee maintain the system's capability to include required disclosures. If a
covered provider knows that a third-party licensee modified a licensed generative AI system
such that it is no longer capable of including the required disclosures, the covered provider must
revoke the license. A third-party licensee must cease using a licensed generative AI system after
the license for the system has been revoked.

The requirements regarding AI detection tools and disclosures do not apply to any product,
service, internet website, or application that provides exclusively video game, television,
streaming, movie, or interactive experiences.

Enforcement.
Violations of requirements relating to AI detection tools and disclosures are deemed to affect
public interest and constitute an unfair or deceptive act in trade or commerce for purposes of the
Consumer Protection Act.

Definitions.
"Artificial intelligence" is defined as "an engineered or machine-based system that varies in its
level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives
how to generate outputs that can influence physical or virtual environments."

"Covered provider" is defined as "a person that creates, codes, or otherwise produces a
generative artificial intelligence system that has over 1,000,000 monthly visitors or users and is
publicly accessible within the geographic boundaries of the state."

"Generative artificial intelligence system" means "an artificial intelligence that can generate
derived synthetic content, including text, images, video, and audio, that emulates the structure
and characteristics of the system's training data."

The following additional terms are defined: latent, manifest, metadata, personal information,
personal provenance data, provenance data, and system provenance data.

Appropriation: None.

Fiscal Note: Available.



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Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is
passed.




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