Utah SB 131 (Information Technology Act Amendments)

Summary

Enacts requirements for disclosure of synthetic media generated by AI in election-related communications, effective May 1, 2024.

Mandates audio communications with synthetic audio to state, "Contains content generated by AI," at both the beginning and end.

Requires visual communications with synthetic media to display phrases such as "This content generated by AI" throughout the video or image.

Imposes a requirement for creators and sponsors to include tamper-evident digital content provenance in online advertisements, detailing the creators, edits, and AI usage.

Allows civil penalties up to $1,000 per violation.

Considers the intentional use of AI as an aggravating factor in criminal sentencing, effective July 1, 2024.

Permits judges and parole boards to regard AI-assisted crime as an aggravating factor during sentencing.

Maintains judicial discretion in sentencing decisions despite AI-related aggravating factors.

Enacts disclosure requirements for synthetic media created using artificial intelligence in Utah from May 2024.

Be it enacted by the Legislature of the state of Utah: Section 1, Section 20A-11-1104 is enacted to read: 20A-11-1104 (Effective 05/01/24). Disclosure of synthetic media. (1) As used in this section: (a) "Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. (b) (i) "Creator" means a person that uses artificial intelligence to generate synthetic media. (ii) "Creator" does not include a person that solely provides the technology used in the creation of the synthetic media. (c) "Digital content provenance" means purely factual information that: (i) details a digital resource's creator, origin, context, history, and editing process; and (ii) conforms to an open industry technical standard. (d) "Generative artificial intelligence" means artificial intelligence technology that is capable of creating content such as text, audio, image, or video based on patterns learned from large volumes of data rather than being explicitly programmed with rules. (e) "Sponsor" means a person that pays for the content that uses artificial intelligence to generate synthetic media. (f) "Synthetic audio media" means audio content that was substantially produced by generative artificial intelligence. (g) "Synthetic visual media" means an image or video that was substantially produced by generative artificial intelligence.

Applies disclosure requirements to political communications using synthetic media to influence elections.

(2) This section applies to an audio or visual communication that: (a) is paid for by a candidate campaign committee, political action committee, political issues committee, political party, or a person using a contribution; (b) is intended to influence voting for or against a candidate or ballot proposition in an election or primary in the state; and (c) contains synthetic media. (3) An audio communication described in Subsection (2) that contains synthetic audio media shall include audibly at the beginning and end of the communication the words, "Contains content generated by AI." (4) A visual communication described in Subsection (2) that contains synthetic media shall display throughout the duration of each portion of the communication containing synthetic media, in legible writing, the words: (a) "This video content generated by AI," if the content is a video that includes synthetic visual media but not synthetic audio media; (b) "This image generated by AI," if the content is an image that includes synthetic visual media but not synthetic audio media; (c) "This audio content generated by AI," if the video includes synthetic audio media but not synthetic visual media; or (d) "This content generated by AI," if the communication includes both synthetic audio media and synthetic visual media.

Requires digital advertisements to disclose authorship, modifications, and AI use with tamper-evident content provenance.

(5) In addition to the requirements in Subsections (3) and (4), a creator or sponsor who publishes an online digital audio or visual communication described in Subsection (2) that is viewable, audible, or accessible in the state shall ensure the advertisement carries embedded tamper-evident digital content provenance that discloses: (a) the initial author and creator of the content; (b) any subsequent entities that edited, altered, or otherwise modified the content; and (c) any use of generative artificial intelligence in generating or modifying the substantive content. (6) (a) In a civil action brought against the creator or the sponsor of content that includes synthetic media by a person to enforce this section, the court may impose a civil penalty not to exceed $1,000 against a person for each violation of this section that the court finds a person has committed. (b) Compliance with this section does not exempt a person from civil or criminal liability for violations of other applicable law.

Considers AI use an aggravating factor in sentencing for crimes committed with its assistance.

Section 2, Section 76-3-203.18 is enacted to read:

76-3-203.18 (Effective 07/01/24). Use of artificial intelligence -- Aggravating factor. (1) As used in this section: (a) "Artificial intelligence" means the same as that term is defined in Section 20A-11-1104 . (b) "Material assistance" means providing significant or essential support, information, tools, or other means that facilitate planning, commission, or concealment of a criminal offense. (2) The sentencing judge or the Board of Pardons and Parole may consider as an aggravating factor in their deliberations that the defendant committed or facilitated the criminal offense with the intentional or knowing use and material assistance of an artificial intelligence system. (3) This section does not affect or restrict the exercise of judicial sentencing discretion under any other provision of Utah law.

Section 3. Effective date. (1) Except as provided in Subsection (2), this bill takes effect on May 1, 2024. (2) The actions affecting Section 76-3-203.18 (Effective 07/01/24) take effect on July 1, 2024.