A03861
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1598
Session of
2023
INTRODUCED BY PIELLI, MERSKI, O'MARA, MADDEN, HILL-EVANS,
D. WILLIAMS, MALAGARI, DELLOSO, HOWARD, NEILSON, GERGELY,
SANCHEZ, DONAHUE, HADDOCK, D. MILLER, CIRESI, SHUSTERMAN,
KHAN, M. JONES, GREEN, SCOTT AND OTTEN, AUGUST 7, 2023
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY
AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED,
MARCH 26, 2024
AN ACT
Amending the act of December 17, 1968 (P.L.1224, No.387),
entitled "An act prohibiting unfair methods of competition
and unfair or deceptive acts or practices in the conduct of
any trade or commerce, giving the Attorney General and
District Attorneys certain powers and duties and providing
penalties," further providing for definitions and for
unlawful acts or practices and exclusions and providing for
child sexual abuse material generated by artificial
intelligence.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2(4) of the act of December 17, 1968
(P.L.1224, No.387), known as the Unfair Trade Practices and
Consumer Protection Law, is amended by adding a subclause and
the section is amended by adding a clause CLAUSES to read:
Section 2. Definitions.--As used in this act.
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(4) "Unfair methods of competition" and "unfair or deceptive
acts or practices" mean any one or more of the following:
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(xxii) Creating KNOWINGLY OR RECKLESSLY CREATING ,
distributing or publishing any content generated by artificial
intelligence without clear and conspicuous disclosure, including
written text, images, audio and video content and other forms of
media. A disclosure under this subclause must state that the
content was generated using artificial intelligence and , must be
presented in a manner reasonably understandable and readily
noticeable to the consumer AND MUST BE PRESENTED IN THE SAME
MEDIUM AS THE CONTENT .
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(14) "Artificial intelligence" means an artificial system
that performs tasks under varying and unpredictable
circumstances without significant human oversight or can learn
from experience and improve such performance when exposed to
data sets, is developed in any context, including, but not
limited to, software or physical hardware, and solves tasks
requiring human-like perception, cognition, planning, learning,
communication or physical action, or is designed to think or act
like a human, including, but not limited to, a cognitive
architecture or neural network, or act rationally, including,
but not limited to, an intelligent software agent or embodied
robot that achieves goals using perception, planning, reasoning,
learning, communication, decision making or action, or a set of
techniques, including, but not limited to, machine learning,
that is designed to approximate a cognitive task.
(14) "ARTIFICIAL INTELLIGENCE" MEANS TECHNOLOGY OR TOOLS
THAT USE PREDICTIVE ALGORITHMS TO CREATE NEW CONTENT, INCLUDING
AUDIO, CODE, IMAGES, TEXT, SIMULATIONS OR VIDEOS.
(15) "CLEAR AND CONSPICUOUS" MEANS A STATEMENT OR DISCLOSURE
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THAT MEETS ALL OF THE FOLLOWING CRITERIA:
(I) THE STATEMENT OR DISCLOSURE IS DISCLOSED IN A SIZE,
COLOR, CONTRAST, LOCATION, DURATION AND AUDIBILITY THAT IS
READILY NOTICEABLE, READABLE, UNDERSTANDABLE AND CAPABLE OF
BEING HEARD.
(II) THE STATEMENT OR DISCLOSURE DOES NOT CONTRADICT AND IS
NOT INCONSISTENT WITH ANY OTHER INFORMATION WITH WHICH THE
STATEMENT OR DISCLOSURE IS PRESENTED.
(III) IF THE STATEMENT OR DISCLOSURE MODIFIES, EXPLAINS OR
CLARIFIES OTHER INFORMATION WITH WHICH THE STATEMENT OR
DISCLOSURE IS PRESENTED:
(A) THE STATEMENT OR DISCLOSURE IS PRESENTED IN PROXIMITY TO
THE INFORMATION THAT THE STATEMENT OR DISCLOSURE MODIFIES IN A
MANNER THAT IS LIKELY TO BE NOTICED, READABLE AND
UNDERSTANDABLE; AND
(B) THE STATEMENT OR DISCLOSURE IS NOT TO BE OBSCURED IN ANY
MANNER.
(IV) IF THE STATEMENT OR DISCLOSURE IS AN AUDIO STATEMENT OR
DISCLOSURE, THE STATEMENT OR DISCLOSURE IS DELIVERED IN A VOLUME
AND CADENCE SUFFICIENT FOR A CONSUMER TO HEAR AND COMPREHEND THE
STATEMENT OR DISCLOSURE.
(V) IF THE STATEMENT OR DISCLOSURE IS A VISUAL STATEMENT OR
DISCLOSURE, THE STATEMENT OR DISCLOSURE IS OF A SIZE AND SHADE
AND APPEARS ON THE SCREEN FOR A DURATION SUFFICIENT FOR A
CONSUMER TO READ AND COMPREHEND THE STATEMENT OR DISCLOSURE.
(VI) IF THE STATEMENT OR DISCLOSURE IS A PRINT ADVERTISEMENT
OR PROMOTIONAL MATERIAL, INCLUDING A POINT-OF-SALE DISPLAY OR
BROCHURE MATERIALS DIRECTED TO A CONSUMER, THE STATEMENT OR
DISCLOSURE IS IN A TYPE SIZE AND LOCATION SUFFICIENTLY
NOTICEABLE FOR A CONSUMER TO READ AND COMPREHEND THE STATEMENT
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OR DISCLOSURE IN A PRINT THAT CONTRASTS WITH THE BACKGROUND
AGAINST WHICH THE STATEMENT OR DISCLOSURE APPEARS.
Section 2. Section 3(a) of the act is amended to read:
Section 3. Unlawful Acts or Practices; Exclusions.--(a)
Unfair methods of competition and unfair or deceptive acts or
practices in the conduct of any trade or commerce as defined by
subclauses (i) through [(xxi)] (xxii) of clause (4) of section 2
of this act and regulations promulgated under section 3.1 of
this act are hereby declared unlawful. The provisions of this
act shall not apply to any owner, agent or employe of any radio
or television station, or to any owner, publisher, printer,
agent or employe of an Internet service provider or a newspaper
or other publication, periodical or circular, who, in good faith
and without knowledge of the falsity or deceptive character
thereof, publishes, causes to be published or takes part in the
publication of such advertisement.
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Section 3. This act shall take effect in 60 days.
Section 3. The act is amended by adding a section to read:
Section 9.5. Child Sexual Abuse Material Generated by
Artificial Intelligence.--It shall not be a defense for an
offense relating to child pornography or child sexual abuse
material that the creation of the child pornography or child
sexual abuse material was generated through artificial
intelligence. In addition to the existing authority granted to
the Attorney General or a district attorney, the Attorney
General or a district attorney shall prosecute an offense
relating to child pornography or child sexual abuse material
that was generated through artificial intelligence in accordance
with the laws of this Commonwealth.
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Section 4. This act shall take effect in 60 days.
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