Amendments for HB24-1147
House Journal, February 27
21 HB24-1147 be amended as follows, and as so amended, be referred to
22 the Committee of the Whole with favorable
23 recommendation:
24
25 Amend printed bill, page 4, line 20, strike "AND".
26
27 Page 4, line 27, strike "DEEPFAKE." and substitute: "DEEPFAKE;
28 (e) A DEEPFAKE IS ANALOGOUS TO A PERSON BEING FORCED TO
29 SAY SOMETHING IN A VIDEO RECORDED UNDER DURESS, WHERE THE VICTIM
30 APPEARS TO SAY SOMETHING THEY WOULD NOT NORMALLY SAY, ONE
31 THROUGH FORCE AND THE OTHER THROUGH DEEPFAKE TECHNOLOGY. A
32 VOTER'S OPINION OF A CANDIDATE MAY BE IRREPARABLY TAINTED BY A
33 FABRICATED REPRESENTATION OF A CANDIDATE OR ELECTED OFFICIAL
34 SAYING OR DOING SOMETHING THEY WOULD NEVER, IN REALITY, SAY OR
35 DO. THESE FALSE, NEGATIVE PORTRAYALS MAY EXIST INDEFINITELY ONCE
36 POSTED ON THE INTERNET AND PERMANENTLY DAMAGE A CANDIDATE OR
37 ELECTED OFFICIAL'S REPUTATION AND EVEN PUT THEIR SAFETY AT RISK.
38 (f) THESE TACTICS COULD GIVE RISE TO VOTER CONFUSION AND
39 DEGRADE CONFIDENCE IN THE ELECTORAL PROCESS. ACCORDINGLY, THE
40 STATE MUST CONTINUE TO WORK HARD TO LIMIT THE THREATS AND
41 IMPACTS OF DEEPFAKES ON VOTERS. THIS LEGISLATION IS A SMALL STEP
42 TOWARDS SOLVING A LARGER PROBLEM OF THE PROLIFERATION OF
43 GENERATIVE ARTIFICIAL INTELLIGENCE IN OUR ELECTIONS AND BEYOND."
44
45 Page 6, line 25, strike "INCLUDES A DEEPFAKE CREATED".
46
47 Page 6, strike line 26 and substitute "HAS BEEN EDITED AND DEPICTS
48 SPEECH OR CONDUCT THAT FALSELY APPEARS TO BE AUTHENTIC OR
49 TRUTHFUL."".
50
51 Page 7, strike lines 10 and 11.
52
53 Page 7, line 12, strike "LISTENER," and substitute "SHALL BE READ IN A
54 CLEARLY SPOKEN MANNER IN THE SAME PITCH, SPEED, LANGUAGE, AND
55 VOLUME AS THE MAJORITY OF THE AUDIO COMMUNICATION,".
1 Page 7, line 15, strike "TWO MINUTES" and substitute "ONE MINUTE".
2
3 Page 7, strike lines 17 through 19.
4
5 Renumber succeeding subparagraphs accordingly.
6
7 Page 7, line 20, strike "COMMUNICATION, IF ANY," and substitute
8 "COMMUNICATION".
9
10 Page 7, line 26, strike "AND".
11
12 Page 8, line 4, strike "MANNER." and substitute "MANNER; AND
13 (VI) IN A BROADCAST OR ONLINE VISUAL OR AUDIO
14 COMMUNICATION THAT INCLUDES A STATEMENT REQUIRED BY
15 SUBSECTION (2) OF THIS SECTION, THE STATEMENT SATISFIES ALL
16 APPLICABLE REQUIREMENTS, IF ANY, PROMULGATED BY THE FEDERAL
17 COMMUNICATIONS COMMISSION FOR SIZE, DURATION, AND PLACEMENT.".
18
19 Page 10, line 3, strike "COMMUNICATION; AND" and substitute
20 "COMMUNICATION, AND PREVENTING THE DEFENDANT FROM OTHERWISE
21 FURTHER VIOLATING THIS ARTICLE 46;".
22
23 Page 10, line 4, strike "GENERAL OR SPECIAL" and substitute
24 "COMPENSATORY AND PUNITIVE".
25
26 Page 10, line 6, strike "COMMUNICATION." and substitute
27 "COMMUNICATION;
28 (c) SEEK REASONABLE ATTORNEY FEES, FILING FEES, AND COSTS
29 OF ACTION; AND
30 (d) SEEK ANY OTHER JUST AND APPROPRIATE RELIEF NECESSARY
31 TO ENFORCE THIS ARTICLE 46 AND REMEDY THE HARM CAUSED BY THE
32 VIOLATION OF SECTION 1-46-103.".
33
34 Page 10, line 12, strike "REMEDY." and substitute "REMEDY, OR FROM
35 SEEKING TO INSTITUTE A CRIMINAL ACTION AGAINST THE DEFENDANT.".
36
37 Page 10, after line 15 insert:
38
39 "1-46-106. Limitation. (1) NOTHING IN THIS ARTICLE 46 LIMITS
40 OR IMPAIRS IN ANY WAY THE RIGHT OF THE ATTORNEY GENERAL, OR ANY
41 PERSON OR ENTITY, TO PURSUE A LEGAL ACTION AGAINST A PERSON IN
42 CONNECTION WITH A DEEPFAKE PURSUANT TO ANY OTHER LAW, CAUSE OF
43 ACTION, TORT THEORY, OR OTHER AUTHORITY.
44 (2) NOTHING IN THIS ARTICLE 46, EXEMPTS A PERSON WHO
45 KNOWINGLY OR RECKLESSLY DISTRIBUTES, DISSEMINATES, PUBLISHES,
46 BROADCASTS, TRANSMITS, OR DISPLAYS A COMMUNICATION CONCERNING
47 A CANDIDATE FOR ELECTIVE OFFICE THAT INCLUDES A FALSE STATEMENT
48 THROUGH A DEEPFAKE FROM CRIMINAL LIABILITY IN ACCORDANCE WITH
49 SECTION 1-13-109, OR ANY OTHER APPLICABLE PROVISION OF LAW.".
50
51
House Journal, March 8
1 Amendment No. 1, State, Civic, Military, & Veterans Affairs Report,
2 dated February 26, 2024, and placed in member's bill file; Report also
3 printed in House Journal, February 27, 2024.
4
5 Amendment No. 2, by Representative Joseph:
6
7 Amend the State, Civic, Military, & Veterans Affairs Committee Report,
8 dated February 26, 2024, page 1, line 9, strike "WOULD NEVER, IN
9 REALITY," and substitute "DID NOT".
10
11 Amendment No. 3, by Representative Joseph:
12
13 Amend the State, Civic, Military, & Veterans Affairs Committee Report,
14 dated February 26, 2024, page 1, line 18, strike "BEYOND."" and substitute
15 "BEYOND.
16 (2) THE GENERAL ASSEMBLY FURTHER FINDS AND DECLARES THAT
17 TECHNOLOGY EXISTS THAT COULD BE USED TO TRACK THE ORIGINS AND
18 VERSIONS OF DEEPFAKES THROUGH THE USE OF CRYPTOGRAPHIC
19 SIGNATURES, METADATA, AND FILE HASHES PUBLISHED TO A PUBLICLY
20 AVAILABLE DISTRIBUTED LEDGER OR DATABASE. ALTHOUGH THIS
21 TECHNOLOGY IS NOT FULLY AVAILABLE FOR CURRENT USE IN TRACKING
22 DEEPFAKES, IT MAY BE AVAILABLE TO AID IN TRACKING DEEPFAKES IN THE
23 FUTURE.".".
24
25 Amendment No. 4, by Representative Joseph:
26
27 Amend printed bill, page 5, line 24, strike the second "DO".
28
29 Page 5, strike line 25 and substitute "DO.".
30
31 Page 8, line 23, strike "OR PRODUCER," and substitute "PRODUCER, OR
32 STREAMING SERVICE,".
33
34 Page 9, line 1, strike "PUBLICATION," and substitute "PUBLICATION OR
35 STREAMING SERVICE,".
36
37 As amended, ordered engrossed and placed on the Calendar for Third
38 Reading and Final Passage.
39
Senate Journal, April 19
After consideration on the merits, the Committee recommends that HB24-1147 be
amended as follows, and as so amended, be referred to the Committee of the Whole with
favorable recommendation.
Amend reengrossed bill, page 4, line 15, after "SPEED;" insert "AND".
Page 4, strike lines 16 through 27.
Reletter succeeding paragraph accordingly.
Page 5, strike lines 11 through 24.
Page 7, line 16, strike "WITH".
Page 7, strike lines 17 and 18 and substitute "TO AN AUDIENCE THAT INCLUDES
MEMBERS OF THE ELECTORATE FOR THE ELECTIVE OFFICE TO BE REPRESENTED
BY THE CANDIDATE EITHER SIXTY DAYS BEFORE A PRIMARY ELECTION OR
NINETY DAYS BEFORE A GENERAL ELECTION, IF THE PERSON KNOWS OR HAS
RECKLESS DISREGARD FOR THE FACT THAT THE DEPICTED CANDIDATE DID NOT
SAY OR DO WHAT THE CANDIDATE IS DEPICTED AS SAYING OR DOING IN THE
COMMUNICATION.".
Page 9, line 8, strike "INTERACTIVE SERVICE PROVIDER" and substitute
"INTERACTIVE COMPUTER SERVICE".
Page 10, line 8, strike "AND".
Page 10, line 13, strike "MEANS." and substitute "MEANS;".
Page 10, after line 13, insert:
"(f) THIS SECTION DOES NOT APPLY TO THE PROVIDER OF TECHNOLOGY
USED IN THE CREATION OF A DEEPFAKE; AND
(g) THIS SECTION DOES NOT APPLY TO AN INTERACTIVE COMPUTER
SERVICE, AS DEFINED IN 47 U.S.C. SEC. 230 (f)(2), IF THE INTERACTIVE
COMPUTER SERVICE REQUIRES ADVERTISERS TO DISCLOSE THE USE OF
AI-GENERATED CONTENT.".
State,
Veterans, &
Military
Affairs