Massachusetts Bill S. 31 ("Regulate GenAI")

Summary

Regulate generative AI models, such as ChatGPT, to protect public safety, privacy, and intellectual property rights.

Define "large-scale generative artificial intelligence model" as those with at least one billion parameters.

Prohibit the use of AI models for discrimination or bias based on protected characteristics.

Mandate AI-generated text to contain a distinctive watermark or offer an authentication process to prevent plagiarism.

Require companies to implement reasonable security measures to protect training data.

Obtain informed consent from individuals before collecting, using, or disclosing their data.

Delete or de-identify data when no longer needed for the intended purpose.

Conduct regular risk assessments to identify and mitigate foreseeable risks and harms.

Mandate companies operating large-scale AI models to register with the attorney general within 90 days, including detailed model and data practices.

Authorize the attorney general to adopt regulations and enforce compliance, including bringing legal action for violations.

Regulates generative AI models to protect public safety, privacy, and intellectual property rights.

Bill S.31

SECTION 1. The General Laws are hereby amended by inserting after chapter 93A the following chapter:-

CHAPTER 93A½. Generative Artificial Intelligence Models

Section 1. Purpose

The purpose of this chapter is to regulate generative artificial intelligence models, such as ChatGPT, in order to protect the public’s safety, privacy and intellectual property rights.

Defines a “large-scale generative artificial intelligence model” as having at least one billion parameters.

Section 2. Definitions

For the purposes of this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:

(a) A “large-scale generative artificial intelligence model” shall mean a machine learning model with a capacity of at least one billion parameters that generates text or other forms of output, such as ChatGPT.

(b) “Parameter” shall mean any variable or value used to control the operation or output of a generative artificial intelligence model.

Requires adherence to standards prohibiting discrimination, ensuring watermarking, securing data, obtaining consent, and conducting risk assessments.

Section 3. Operating Standards

Any company operating a large-scale generative artificial intelligence model shall adhere to the following operating standards:

(1) the model shall not be used to engage in discrimination or bias against any individual or group based on protected characteristics, as defined by state or federal law;

(2) in order to prevent plagiarism, the model shall be programmed to generate all text with a distinctive watermark or offer an authentication process that allows a user to determine whether a particular output was generated by the model;

(3) the company shall implement reasonable security measures to protect the data of individuals used to train the model;

(4) the company shall obtain informed consent from individuals before collecting, using or disclosing their data;

(5) the company shall delete or de-identify any data collected from individuals if it is no longer needed for the intended purpose of the model; and

(6) the company shall conduct regular risk assessments to identify, assess and mitigate reasonably foreseeable risks and cognizable harms related to their products and services, including in the design, development and implementation of such products and services.

Requires companies operating large-scale AI models to register with the attorney general within 90 days.

Section 4. Registration with the Attorney General

(a) Any company operating a large-scale generative artificial intelligence model shall register with the attorney general within 90 days of the effective date of this act.

(b) The registration shall include the following information:

(1) the name and contact information of the company;

(2) a description of the large-scale generative artificial intelligence model, including its capacity, training data, intended use, design process and methodologies; and

(3) information on the company's data collection, storage and security practices.

(c) The attorney general shall maintain a public registry of all companies registered under this act.

Mandates the attorney general to adopt regulations and bring actions for chapter violations.

Section 5. Enforcement

(a) The attorney general shall adopt regulations for the purposes of carrying out this chapter.

(b) To remedy violations of this chapter and for other relief that may be appropriate, the attorney general may bring an action pursuant to section 4 of chapter 93A against a person.

Specifies the act takes effect ninety days post-passage and disclaims errors attributed to human authors.

SECTION 2. Effective Date

Chapter 93A½. of the General Laws shall take effect on the ninetieth day following the passage of this act.

SECTION 3. Disclaimer

This act has been drafted with the help of ChatGPT and any errors or inaccuracies in the bill should not be attributed to the language model but rather to its human authors.