H2353B3185A05069 MSP:JSL 06/21/24 #90 A05069
AMENDMENTS TO HOUSE BILL NO. 2353
Sponsor: REPRESENTATIVE HILL-EVANS
Printer's No. 3185
Amend Bill, page 1, lines 12 through 16; page 2, lines 1
through 18; by striking out "Any of the following:" in line 12,
all of lines 13 through 16 on page 1 and all of lines 1 through
18 on page 2 and inserting
As follows:
(1) A machine-based system that can, for a given set of
human-defined objectives, make predictions, recommendations
or decisions influencing real or virtual environments,
including the ability to:
(i) perceive real and virtual environments;
(ii) abstract perceptions made under subparagraph
(i) into models through analysis in an automated manner;
and
(iii) use model inference to formulate options for
information or action based on outcomes under
subparagraphs (i) and (ii).
(2) The term includes generative artificial
intelligence.
Amend Bill, page 2, line 25, by striking out the period after
"Code" and inserting
, including a candidate for President of the United States.
"Covered person." Any of the following:
(1) A firm, partnership, corporation, limited liability
company, association, organization or similar entity.
(2) A political committee, including a political action
committee, a political party or a political body.
(3) A political action committee that only receives
contributions to make independent expenditures.
(4) A foreign government, including any agency or
instrumentality thereof.
(5) An employee, contractor or individual acting at the
behest of an entity specified under paragraph (1), (2), (3)
or (4) or an officer, director, employee, owner, shareholder
or contractor thereof.
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Amend Bill, page 2, by inserting between lines 29 and 30
"Generative artificial intelligence." The class of models
that emulate the structure and characteristics of input data in
order to generate derived synthetic content.
Amend Bill, page 3, by inserting between lines 3 and 4
"Synthetic content." Information such as images, videos,
audio clips and text that have been significantly modified or
generated by algorithms, including artificial intelligence.
Amend Bill, page 3, line 6, by inserting after "Liability.--
A"
covered
Amend Bill, page 3, line 9, by inserting after "the" where it
occurs the second time
covered
Amend Bill, page 3, by inserting between lines 14 and 15
(a.1) Clear and conspicuous disclosure.--A covered person
shall not be liable for a fraudulent misrepresentation under
subsection (a) if the campaign advertisement contains a clear
and conspicuous disclosure. The disclosure under this subsection
must:
(1) State that the campaign advertisement contains
synthetic content of a current or former candidate for public
office. The disclosure shall be in substantially the
following form:
This (text/image/video/sound) has been manipulated or
generated using synthetic content.
(2) Be displayed in the first instance when the campaign
advertisement is presented.
(3) Be presented in a manner reasonably understandable
and readily noticeable. The following shall apply:
(i) For content presented in static images, the
disclosure shall be in written form, in a size and font
that is easily readable by the average viewer, accessible
screen readers and other technology to assist visually
impaired users.
(ii) For content presented in video formats, the
disclosure shall appear for the duration of the video in
a format that is easily readable by the average viewer.
The disclosure shall be read in a clearly spoken manner
and in a pitch and at a speed that can be easily heard by
the average listener at the beginning and end of the
video.
(iii) For content that consists of only audio, the
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disclosure shall be read in a clearly spoken manner and
in a pitch and at a speed that can be easily heard by the
average listener at the beginning and end of the audio,
and, if the audio is more than two minutes in length,
interspersed within the audio at intervals of not more
than two minutes each.
Amend Bill, page 3, line 16, by inserting after "a" where it
occurs the second time
covered
Amend Bill, page 3, line 17, by inserting after "the"
covered
Amend Bill, page 3, line 25, by inserting after "the" where
it occurs the first time
immediate removal of the campaign advertisement and
Amend Bill, page 4, lines 1 and 2, by striking out "a unique
artificially generated impersonation" and inserting
unique synthetic content
Amend Bill, page 4, line 2, by inserting after "the"
covered
Amend Bill, page 4, line 5, by striking out "An amount of"
Amend Bill, page 4, lines 5 and 6, by striking out
"individual impersonated is" and inserting
campaign advertisement contains unique synthetic
content of
Amend Bill, page 4, line 7, by striking out the period after
"Commonwealth" and inserting
for which the candidate files with the county board
of elections under section 913 of the Pennsylvania
Election Code.
Amend Bill, page 4, line 8, by striking out "An amount of"
and inserting
Except as provided in subparagraph (iii),
Amend Bill, page 4, lines 8 and 9, by striking out
"individual impersonated is" and inserting
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campaign advertisement contains unique synthetic
content of
Amend Bill, page 4, line 10, by striking out the period after
"Commonwealth" and inserting
for which the candidate files with the Secretary of
the Commonwealth under section 913 of the Pennsylvania
Election Code.
Amend Bill, page 4, line 11, by striking out "An amount of"
Amend Bill, page 4, lines 11 and 12, by striking out
"individual impersonated is" and inserting
campaign advertisement contains unique synthetic
content of
Amend Bill, page 4, line 16, by inserting after "a" where it
occurs the second time
covered
Amend Bill, page 4, line 19, by inserting after "the"
covered
Amend Bill, page 4, line 21, by inserting after "the" where
it occurs the first time
covered
Amend Bill, page 4, line 22, by inserting after
"advertisement"
containing synthetic content of a current or former candidate
Amend Bill, page 4, lines 22 and 23, by striking out
"individual impersonated" and inserting
candidate
Amend Bill, page 4, line 23, by inserting after "the" where
it occurs the first time
covered
Amend Bill, page 4, line 24, by striking out "individual
impersonated" and inserting
candidate
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Amend Bill, page 4, line 25, by striking out "individual's"
and inserting
candidate's
Amend Bill, page 4, line 26, by inserting after "Location.--
A"
covered
Amend Bill, page 4, line 27, by inserting after "the"
covered
Amend Bill, page 5, line 30, by striking out "individual
impersonated" and inserting
candidate
Amend Bill, page 6, lines 2 through 12, by striking out all
of said lines and inserting
(5) An interactive computer service, as defined in 47
U.S.C. ยง 230 (relating to stations liable to interfere with
distress signals; designation and regulation).
(6) An Internet service provider, cloud provider,
cybersecurity provider, communication service provider or
telecommunications network.
(g) Construction.--Nothing in this act shall be construed to
restrict the ability of a covered person to detect, prevent,
respond to or protect against security incidents, identity
theft, fraud, harassment, malicious or deceptive activities or
any illegal activity, preserve the integrity or security of
systems or investigate, report or prosecute those responsible
for any such action.
Amend Bill, page 6, line 15, by inserting after "any"
covered
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