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House
File
2082
-
Introduced
HOUSE
FILE
2082
BY
STONE
A
BILL
FOR
An
Act
relating
to
restrictions
on
the
use
of
artificial
1
intelligence,
and
creating
a
civil
cause
of
action.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5240YH
(3)
91
lh/jh
H.F.
2082
Section
1.
NEW
SECTION
.
554J.1
Definitions.
1
As
used
in
this
chapter,
“artificial
intelligence”
means
2
any
machine-based
system
that,
for
any
explicit
or
implicit
3
objective,
infers
from
the
inputs
the
system
receives
to
4
generate
outputs,
including
content,
decisions,
predictions,
5
or
recommendations,
that
can
influence
physical
or
virtual
6
environments.
7
Sec.
2.
NEW
SECTION
.
554J.2
Rights
to
likeness.
8
On
or
after
July
1,
2026,
a
person
shall
not
use
artificial
9
intelligence
to
intentionally
recreate
the
audio
or
visual
10
likeness
of
an
individual
without
the
consent
of
the
11
individual
if
the
likeness
was
intended
to
be
substantially
12
indistinguishable
from
the
individual
and
the
likeness
is
used
13
in
any
of
the
following
ways:
14
1.
Commercial
activity.
15
2.
A
political
campaign
which
the
individual
does
not
16
support.
17
3.
A
manner
intended
to
make
other
persons
believe
that
18
the
individual
engages
in
activities
the
individual
would
19
reasonably
find
offensive.
20
4.
A
manner
intended
to
diminish
the
individual’s
21
credibility,
cause
embarrassment,
or
otherwise
lower
the
22
individual’s
esteem
within
the
individual’s
community.
23
5.
A
manner
intended
to
induce
a
person
to
take
an
action
or
24
divulge
information
the
person
otherwise
would
not.
25
Sec.
3.
NEW
SECTION
.
554J.3
Civil
liability
——
damages
——
26
additional
remedies.
27
1.
A
person
may
bring
an
action
for
actual
and
punitive
28
damages
for
a
violation
of
this
chapter,
including
reasonable
29
attorney
fees
and
costs.
Punitive
damages
shall
not
exceed
two
30
hundred
fifty
thousand
dollars
for
each
violation.
31
2.
A
class
action
may
be
brought
under
this
chapter
in
32
accordance
with
the
Iowa
rules
of
civil
procedure.
33
3.
The
court
shall
specify
the
amount
of
each
of
the
34
following
for
each
violation
of
this
chapter:
35
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2082
a.
Actual
damages.
1
b.
Punitive
damages.
2
c.
Court
costs.
3
d.
Reasonable
attorney
fees.
4
4.
In
determining
the
punitive
damages
for
a
violation
of
5
this
chapter,
the
court
shall
consider
all
of
the
following:
6
a.
The
nature
and
extent
of
the
violation.
7
b.
The
severity
of
the
violation.
8
c.
The
potential
economic
effect
of
the
punitive
damages
on
9
the
person
who
violated
this
chapter.
10
d.
The
good-faith
measures
the
person
who
violated
this
11
chapter
took
to
comply
with
this
chapter.
12
e.
The
willfulness
of
the
violation.
13
f.
The
deterrent
effect
that
the
imposition
of
punitive
14
damages
will
have.
15
g.
Any
other
factors
the
court
finds
appropriate.
16
5.
For
purposes
of
imposing
punitive
damages
under
this
17
chapter,
a
person
shall
be
considered
to
have
committed
a
18
separate
violation
of
section
554J.2
for
each
day
a
violation
19
continues.
20
6.
This
chapter
shall
not
preclude
a
person
from
bringing
a
21
civil
or
criminal
action
under
any
other
provision
of
law.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
relates
to
restrictions
on
the
use
of
artificial
26
intelligence
(AI).
27
The
bill
defines
“artificial
intelligence”
as
any
28
machine-based
system
that,
for
any
explicit
or
implicit
29
objective,
infers
from
the
inputs
the
system
receives
to
30
generate
outputs,
including
content,
decisions,
predictions,
31
or
recommendations,
that
can
influence
physical
or
virtual
32
environments.
33
The
bill
prohibits
a
person
from
using
AI
to
intentionally
34
recreate
the
audio
or
visual
likeness
of
an
individual
without
35
-2-
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5240YH
(3)
91
lh/jh
2/
3
H.F.
2082
the
consent
of
the
individual
if
the
likeness
was
intended
to
1
be
substantially
indistinguishable
from
the
individual
and
the
2
likeness
is
used
in
commercial
activity;
a
political
campaign
3
which
the
individual
does
not
support;
a
manner
intended
to
4
make
other
persons
believe
that
the
individual
engages
in
5
activities
the
individual
would
reasonably
find
offensive;
6
a
manner
intended
to
diminish
the
individual’s
credibility,
7
cause
embarrassment,
or
otherwise
lower
the
individual’s
esteem
8
within
the
individual’s
community;
or
a
manner
intended
to
9
induce
a
person
to
take
an
action
or
divulge
information
the
10
person
otherwise
would
not.
11
The
bill
allows
a
person
to
bring
an
action
for
actual
12
damages
and
punitive
damages
for
a
violation
of
the
bill,
plus
13
reasonable
attorney
fees
and
costs.
Punitive
damages
cannot
14
exceed
$250,000
per
violation.
15
The
bill
allows
persons
to
bring
class
actions
in
accordance
16
with
the
Iowa
rules
of
civil
procedure
for
violations
of
the
17
bill.
18
The
bill
requires
the
court
to
specify
the
amount
of
actual
19
damages,
punitive
damages,
court
costs,
and
reasonable
attorney
20
fees
for
each
violation
of
the
new
Code
chapter.
The
bill
21
lists
several
factors
a
court
must
consider
when
determining
22
the
amount
of
punitive
damages
under
the
new
Code
chapter.
A
23
person
is
considered
to
have
committed
a
separate
violation
for
24
each
day
a
likeness
is
used
in
violation
of
the
bill.
25
The
bill
does
not
preclude
a
person
from
bringing
an
action
26
under
any
other
provision
of
law.
27
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lh/jh
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