State lawmakers are pursuing a variety of legislative proposals aimed at regulating the development and use of artificial intelligence (“AI”).  In the past two months, legislators in Florida, New Mexico, Utah, and Washington passed legislation regulating AI-generated content, and Utah’s legislature passed legislation regulating generative AI and establishing a state test bed for evaluating future AI regulations.  These are just a sampling of the wave of legislative proposals advancing in states across the country.

Legislation Addressing AI-Generated Content.  Several state legislatures have passed legislation setting forth requirements for AI-generated content.  As of the date of this writing, the New Mexico law referenced below has been fully enacted, while the other pieces of legislation are awaiting signature by the governors of the relevant states.

• Election Content:  State legislatures have passed laws focused specifically on AI-generated election content.  For example, New Mexico’s recently enacted HB 182 requires disclaimers for materially deceptive AI-generated ads and amends the New Mexico Campaign Reporting Act to prohibit the distribution of materially deceptive media before an election without a disclaimer.  Utah’s SB 131, which was passed by the state legislature, would require disclaimers for political communications that include synthetic media.  Similarly, Florida’s state legislature passed HB 919, which would require disclaimers for political ads that contain content created using generative AI. 
• AI-generated CSAM:  Washington’s legislature passed a bill in recent weeks, HB 1999, which would ban the possession of AI-generated child sexual abuse material (“CSAM”) and the disclosure of AI-generated intimate imagery. 

Generative AI Legislation.  On February 28, 2024, the Utah legislature passed the AI Policy Act (SB 149), which now awaits the governor’s signature.  The bill would require disclaimers for certain interactions with generative AI, clarify civil and criminal liability for acts involving generative AI, and establish a state AI Learning Laboratory Program to test new AI regulations.  Among other things, the AI Policy Act would require disclosures to consumers in certain contexts to make clear that they are interacting with generative AI, not a human.  The bill also would create an AI Learning Laboratory for AI research that would bring together public and private companies to provide recommendations for AI legislation and regulation.

We are closely monitoring these developments as they unfold.  You can find a summary of key themes in AI bills introduced by state legislatures in the past year in our blog post here.

We will continue to update you on meaningful developments related to artificial intelligence and technology regulation here and across our blogs.