AI PROVENANCE DATA ACT

Illinois General Assembly - Full Text of SB3263

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3263

Introduced 2/3/2026, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

New Act

Creates the Artificial Intelligence Provenance Data Act. Provides
that a covered artificial intelligence tool provider shall make available,
at no cost to a person, a provenance label reading tool. Provides that a
covered artificial intelligence tool provider shall include a provenance
label in any image, video, or audio content instance created by its
artificial intelligence. Sets forth requirements for large online
platforms, capture device manufacturers, and third-party licensees and
hosting platforms concerning provenance labels. Sets forth provisions
concerning civil penalties. Effective January 1, 2027.
LRB104 19799 SPS 33249 b

A BILL FOR

SB3263
LRB104 19799 SPS 33249 b
1

AN ACT concerning business.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 1.
Short title.
This Act may be cited as the
5
Artificial Intelligence Provenance Data Act.

6

Section 5.
Definitions.
As used in this Act:
7

"Artificial intelligence" has the meaning set forth in
8
Section 2-101 of the Illinois Human Rights Act.
9

"Capture device" means any device that can record
10
photographic, audio, or video content, including, but not
11
limited to, video and still photography cameras, mobile phones
12
with built-in cameras or microphones, and voice recorders.
13

"Capture device manufacturer" means a person who produces
14
a capture device for sale in this State. "Capture device
15
manufacturer" does not include a person exclusively engaged in
16
the assembly of a capture device from components produced by
17
others.
18

"Covered artificial intelligence tool provider" means a
19
person or entity that creates, codes, or otherwise produces
20
artificial intelligence that: (i) has over 1,000,000 monthly
21
visitors world-wide or users on average over the preceding
22
12-month period; (ii) is publicly accessible in this State;
23
and (iii) generates, manipulates, or otherwise edits audio,

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LRB104 19799 SPS 33249 b
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video, or image content.
2

"Large online platform" means a public-facing social media
3
platform, content sharing platform, messaging platform,
4
advertising network, stand-alone search engine, or web browser
5
that distributes content to users who did not create or
6
collaborate in creating the content and that exceeded
7
2,000,000 unique monthly users during the preceding 12 months.
8

"Person" means a natural person, corporation, partnership,
9
sole proprietorship, or other legal entity.
10

"Personal provenance data" means provenance data that
11
contains either personal information or unique device, system,
12
or service information that is reasonably capable of being
13
associated with a particular user.
14

"Provenance label" means a disclosure that is embedded in
15
image, video, or audio content in a manner that is
16
machine-readable.
17

"Provenance label reading tool" means a software program,
18
application, or other mechanism that reads a provenance label
19
and allows a person to determine whether an image, video, or
20
audio content was created or altered by a specific artificial
21
intelligence provided by a covered artificial intelligence
22
tool provider.
23

"System provenance data" means provenance data that is not
24
reasonably capable of being associated with a particular user
25
and that contains information regarding the type of device,
26
system, or service used to generate digital content or

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LRB104 19799 SPS 33249 b
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information related to content authenticity.

2

Section 10.
Requirements for covered artificial
3
intelligence tool providers.
4

(a) A covered artificial intelligence tool provider shall
5
make available, at no cost to a person, a provenance label
6
reading tool. The provenance label reading tool shall be made
7
publicly accessible through a conspicuous link on the covered
8
artificial intelligence tool provider's website and any
9
corresponding mobile application. The provenance label reading
10
tool shall allow a person to:
11

(1) upload an image, video, text, or audio content; or
12

(2) provide a uniform resource locator that links to
13

an image, video, text, or audio content.
14

(b) The provenance label reading tool shall support access
15
by an application programming interface that allows a person
16
to programmatically submit content for assessment without
17
accessing the covered artificial intelligence tool provider's
18
website.
19

(c) The provenance label reading tool shall provide a
20
mechanism for a person to submit feedback regarding the tool's
21
efficacy. A covered artificial intelligence tool provider
22
shall consider and use this feedback to improve the provenance
23
label reading tool.
24

(d) A covered artificial intelligence tool provider shall
25
not collect or retain any personal information from a person

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who uses the provenance label reading tool, except that it may
2
retain contact information voluntarily provided by a person
3
who submits feedback in accordance with subsection (c). The
4
provenance label reading tool shall not output any personal
5
provenance data detected in the content.
6

(e) A covered artificial intelligence tool provider shall
7
not retain any content submitted to the provenance label
8
reading tool for longer than is necessary to comply with this
9
Act.
10

(f) A covered artificial intelligence tool provider shall
11
include a provenance label in any image, video, or audio
12
content instance created by its artificial intelligence. A
13
provenance label required under this subsection shall:
14

(1) be readable by the provenance label reading tool
15

required by this Section;
16

(2) be, to the extent technically feasible, permanent
17

or extraordinarily difficult to remove;
18

(3) convey, to the extent technically feasible, either
19

directly or through a link to a permanent website, the
20

following system provenance data:
21

(A) the name of the covered artificial
22

intelligence tool provider;
23

(B) the name and version number of the artificial
24

intelligence that created or altered the content;
25

(C) the time and date of the content's creation or
26

alteration; and

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(D) a unique identifier of the content.

2

Section 15.
Requirements for large online platforms.
3

(a) A large online platform shall:
4

(1) to the extent technically feasible, detect whether
5

any provenance label that is compliant with widely adopted
6

specifications adopted by an established standards-setting
7

body is embedded in or attached to content distributed on
8

the large online platform;
9

(2) provide a mechanism to disclose any
10

machine-readable provenance label detected in content
11

distributed on the large online platform, which shall, in
12

a clear and conspicuous manner, indicate to a user that
13

provenance data is available; and
14

(3) allow a user to inspect all available system
15

provenance data in an easily accessible manner, either
16

directly through the platform's user interface or by
17

providing a means for the user to download the content
18

with its attached system provenance data.
19

(b) A large online platform shall not:
20

(1) to the extent technically feasible, knowingly
21

strip any provenance label or system provenance data that
22

is compliant with widely adopted specifications adopted by
23

an established standards-setting body from content
24

uploaded to or distributed on the large online platform;
25

or

SB3263
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LRB104 19799 SPS 33249 b
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(2) retain any personal provenance data from content
2

shared on the large online platform.

3

Section 20.
Requirements for capture device manufacturers.
4
With respect to any capture device that a capture device
5
manufacturer first produces for sale in this State on or after
6
the effective date of this Act, the capture device
7
manufacturer, to the extent technically feasible and compliant
8
with widely adopted specifications adopted by an established
9
standards-setting body, shall:
10

(1) provide a user with the option to include a
11

provenance label in content captured by the capture device
12

that conveys the following system provenance data:
13

(A) the name of the capture device manufacturer;
14

(B) the name and version number of the capture
15

device that created the content; and
16

(C) the time and date of the content's creation;
17

(2) embed the provenance label described in paragraph
18

(1) in content captured by the device by default;
19

(3) clearly inform a user of the existence of settings
20

relating to the provenance label upon the user's first use
21

of a recording function on the capture device;
22

(4) provide in the capture device's settings a clear
23

and accessible mechanism for a user to opt out of the
24

inclusion of a provenance label in the user's captured
25

content; and

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LRB104 19799 SPS 33249 b
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(5) ensure the capabilities required by this Section
2

are available for the capture device's default capture
3

application and are made available to third-party
4

applications that use the device's capture
5

functionalities.

6

Section 25.
Third-party licensees and hosting platforms.
7

(a) If a covered artificial intelligence tool provider
8
licenses its artificial intelligence to a third party, the
9
covered artificial intelligence tool provider shall require by
10
contract that the licensee maintain the system's capability to
11
include a provenance label as required by subsection (f) of
12
Section 10.
13

(b) If a covered artificial intelligence tool provider has
14
actual knowledge that a third-party licensee has modified an
15
artificial intelligence to remove its capability to include a
16
provenance label, the covered artificial intelligence tool
17
provider shall revoke the third party's license to use the
18
artificial intelligence within 96 hours after obtaining the
19
knowledge.
20

(c) A third-party licensee whose license to use artificial
21
intelligence is revoked under this Section shall not use the
22
artificial intelligence after the revocation.
23

(d) The operator of a website or application that makes
24
available for download the source code or model weights of
25
artificial intelligence shall not knowingly make available

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LRB104 19799 SPS 33249 b
1
artificial intelligence that does not place disclosures into
2
content as required by subsection (f) of Section 10.

3

Section 30.
Enforcement.
4

(a) A covered artificial intelligence tool provider, large
5
online platform, or capture device manufacturer that violates
6
this Act is liable for a civil penalty in an amount not to
7
exceed $5,000 per violation.
8

(b) A third-party licensee that violates subsection (c) of
9
Section 25 may be subject to a civil action for injunctive
10
relief.
11

(c) The Attorney General may bring a civil action to
12
enforce this Act and to collect civil penalties or seek
13
injunctive relief. In any such action, the prevailing party
14
may be awarded reasonable attorney's fees and costs.

15

Section 97.
Severability.
The provisions of this Act are
16
severable under Section 1.31 of the Statute on Statutes.

17

Section 99.
Effective date.
This Act takes effect January
18
1, 2027.

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