Bill Analysis - HB 1170, Content Developed or Modified by Artificial Intelligence (Washington House, 1/14/26)

Summary

A bill analysis of HB 1170, Informing users when content is developed or modified by artificial intelligence, from the Washington State House of Representatives Office of Program Research for the Technology, Economic Development, & Veterans Committee, with a hearing date of 1/14/26. The brief summary says the bill requires providers of certain generative artificial intelligence systems to make an AI detection tool available to users, offer users the option of including disclosures in content, and include latent disclosures in content. It states that the requirements do not apply to products exclusively providing video game, television, streaming, movie, or interactive experiences.

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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: 1/14/26

Staff: Emily Poole (786-7106).

Background:

Artificial intelligence (AI) is defined and understood in different ways. The National Institute of
Standards and Technology, in its AI Risk Management Framework, defines an AI system as an
engineered or machine-based system that can, for a given set of objectives, generate outputs such
as predictions, recommendations, or decisions influencing real or virtual environments.

In 2024 the Legislature established the AI Task Force, administered by the Office of the




     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
Attorney General. The Task Force is tasked with assessing current uses and trends of AI and
making recommendations to the Legislature regarding guidelines and potential legislation for the
use of AI systems.

Summary of Bill:

Artificial Intelligence Detection Tool.
A person that produces a generative artificial intelligence system that has over 1 million 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:
    • the name of the covered provider;
    • the name and version number of the generative AI system that created or altered the
      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,


House Bill Analysis                             -2-                                          HB 1170
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 the
public interest and constitute an unfair or deceptive act in trade or commerce for purposes of the
Consumer Protection Act.

Definitions.
Definitions are provided for certain terms, including "artificial intelligence," "covered provider,"
"generative artificial intelligence system," and "provenance data," among others.

Appropriation: None.

Fiscal Note: Available.

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




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