An Act providing for artificial intelligence transparency, for duties of covered providers of generative artificial intelligence systems and for large online platforms and generative artificial intelligence system hosting platforms; and imposing a penalty.

PRINTER'S NO. 3431
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2534
Session of
2026
INTRODUCED BY ORTITAY, CIRESI, VENKAT, PICKETT, POWELL, RIVERA,
HOWARD AND SANCHEZ, MAY 26, 2026
REFERRED TO COMMITTEE ON COMMUNICATIONS AND TECHNOLOGY,
MAY 26, 2026
AN ACT
Providing for artificial intelligence transparency, for duties
of covered providers of generative artificial intelligence
systems and for large online platforms and generative
artificial intelligence system hosting platforms; and
imposing a penalty.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Artificial
Intelligence Transparency Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Artificial intelligence." A machine-based system that can,
for a given set of human-defined objectives, make predictions,
recommendations or decisions influencing real or virtual
environments. The term includes:
(1) Systems that use machine and human-based inputs to
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perceive real and virtual environments, abstract perceptions
into models through analysis in an automated manner and use
model inference to formulate options for information or
action.
(2) Generative artificial intelligence.
"Consumer." An individual residing in this Commonwealth.
"Covered provider." An entity that creates, codes or
otherwise produces a generative artificial intelligence system
that has more than 1,000,000 monthly active users and is
publicly accessible within this Commonwealth.
"Digital signature." A cryptography-based method that
identifies the user that attests to the information provided in
the signed section.
"Generative artificial intelligence." The class of models
that emulate the structure and characteristics of input data in
order to generate derived synthetic digital content, including
information such as images, videos, audio clips or text, that
has been significantly modified or generated by algorithms,
including by artificial intelligence.
"Generative artificial intelligence system." Artificial
intelligence that incorporates generative artificial
intelligence.
"Generative artificial intelligence system hosting platform."
A publicly accessible Internet website or application that makes
available for download the source code or model weights of a
generative artificial intelligence system to a person in this
Commonwealth, regardless of whether the terms of that use
include compensation.
"Large online platform." The following:
(1) A public-facing social media platform, file sharing
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platform, mass messaging platform or stand-alone search
engine that distributes digital content to users who did not
create or collaborate in creating the digital content that
exceeded 2,000,000 unique monthly users during the preceding
12 months.
(2) The term does not include:
(i) A provider of broadband Internet access service
as defined in 47 CFR 8.1(b) (relating to transparency).
(ii) A provider of telecommunications service as
defined in 47 U.S.C. § 153(53) (relating to definitions).
"Latent disclosure." Information embedded in or linked from
digital content that indicates the origin of the digital content
and the manner in which it was generated or altered by
artificial intelligence.
"Manifest disclosure." A visible disclosure that informs an
individual that the digital content has been created or altered
by artificial intelligence.
"Mass messaging platform." A direct messaging platform that
allows users to distribute digital content to more than 100
users simultaneously.
"Metadata." The structural or descriptive information about
data.
"Personal information." Any information that is linked or
reasonably linkable to an identified or identifiable individual.
"Personal provenance data." Any provenance data that
contains either of the following:
(1) Personal information.
(2) Unique device, system or service information that is
reasonably capable of being associated with a particular
user.
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"Provenance data." Any data that is embedded into digital
content or that is included in the digital content's metadata
for the purpose of verifying the digital content's authenticity,
origin or history of modification.
"System provenance data." Any provenance data that is not
reasonably capable of being associated with a particular user
and that contains either of the following:
(1) Information regarding the type of device, system or
service that was used to generate a piece of digital content.
(2) Information related to digital content authenticity.
Section 3. Covered providers.
(a) Detection tool.--A covered provider shall make
available, at no cost to the user, an artificial intelligence
detection tool that meets all of the following criteria:
(1) The tool allows a user to assess whether image,
video or audio digital content, or digital content that is
any combination thereof, was created or altered by the
covered provider's generative artificial intelligence system.
(2) The tool outputs any system provenance data that is
detected in the digital content.
(3) The tool does not output any personal provenance
data that is detected in the digital content.
(4) The tool is publicly accessible. A covered provider
may impose reasonable limitations on access to the tool to
prevent or respond to demonstrable risks to the security or
integrity of its generative artificial intelligence system.
(5) The tool allows a user to upload digital content or
provide a uniform resource locator linking to online digital
content.
(6) The tool provides an application programming
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interface that allows a user to invoke the tool without
visiting the covered provider's publicly accessible Internet
website.
(b) User feedback.--A covered provider shall collect user
feedback related to the efficacy of the covered provider's
artificial intelligence detection tool and incorporate relevant
feedback into any attempt to improve the efficacy of the tool.
(c) Prohibitions.--A covered provider may not do any of the
following:
(1) Collect or retain personal information from a user
of the covered provider's artificial intelligence detection
tool, except as follows:
(i) A covered provider may collect and retain the
contact information of a user who submits feedback if the
user opts into being contacted by the covered provider.
(ii) User information collected under subparagraph
(i) shall be used only to evaluate and improve the
efficacy of the covered provider's artificial
intelligence detection tool.
(2) Retain any digital content submitted to the
artificial intelligence detection tool for longer than 24
hours unless the user expressly consents to longer retention
for tool improvement.
(3) Retain any personal provenance data from digital
content submitted to the artificial intelligence detection
tool by a user.
Section 4. Disclosures.
(a) Option.--A covered provider shall offer to each user the
option to include in image, video or audio digital content, or
digital content that is any combination thereof, created or
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altered by the covered provider's generative artificial
intelligence system a manifest disclosure that meets all of the
following criteria:
(1) The disclosure identifies digital content as
artificial intelligence generated digital content.
(2) The disclosure is clear, conspicuous, appropriate
for the medium of the digital content and understandable to a
reasonable person.
(3) The disclosure is permanent or not reasonably
removable to the extent it is technically feasible.
(b) Latent disclosure.--A covered provider shall include a
latent disclosure in an artificial intelligence generated image,
video or audio digital content, or digital content that is any
combination thereof, created by the covered provider's
generative artificial intelligence system that meets all of the
following criteria:
(1) To the extent that it is technically feasible and
reasonable, the disclosure shall convey all of the following
information, either directly or through a link to a publicly
accessible Internet website:
(i) The name of the covered provider.
(ii) The name and version number of the generative
artificial intelligence system that created or altered
the digital content.
(iii) The time and date of the digital content's
creation or alteration.
(iv) A unique identifier.
(2) The disclosure is detectable by the covered
provider's artificial intelligence detection tool.
(3) The disclosure is consistent with widely accepted
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industry standards.
(4) The disclosure is permanent or difficult to remove
to the extent it is technically feasible.
(c) Third parties.--
(1) If a covered provider licenses its generative
artificial intelligence system to a third party, the covered
provider shall require by contract that the licensee maintain
the system's capability to include a disclosure required by
subsection (b) in digital content the system creates or
alters.
(2) If a covered provider knows that a third-party
licensee modified a licensed generative artificial
intelligence system so that it is no longer capable of
including a disclosure required by subsection (b) in digital
content that the system creates or alters, the covered
provider shall revoke the license within four calendar days
of discovering the licensee's action.
(3) A third-party licensee shall cease using a licensed
generative artificial intelligence system after the license
for the system has been revoked by the covered provider under
paragraph (2).
Section 5. Large online platforms.
(a) Requirements.--A large online platform shall do all of
the following:
(1) Detect whether any provenance data that is compliant
with widely accepted industry standards is embedded into or
attached to digital content distributed on the large online
platform.
(2) Provide a user interface to disclose the
availability of system provenance data that reliably
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indicates that the digital content was generated or
substantially altered by a generative artificial intelligence
system. The user interface shall make clear and conspicuously
available to users information sufficient to identify the
digital content's authenticity, origin or history of
modification, including all of the following:
(i) Whether provenance data is available.
(ii) The name of the generative artificial
intelligence system that created or substantially altered
the digital content, if applicable.
(iii) Whether any digital signatures are available.
(3) Allow a user to inspect all available system
provenance data that is compliant with widely accepted
industry standards in an easily accessible manner by any of
the following means:
(i) Directly through the large online platform's
user interface under paragraph (2).
(ii) By downloading a version of the digital content
with its attached system provenance data.
(iii) Through a link to the digital content's system
provenance data displayed on a publicly accessible
Internet website or in another application provided
either by the large online platform or a third party.
(b) Prohibition.--A large online platform shall not
knowingly strip any system provenance data or digital signature
that is compliant with widely accepted industry standards from
digital content uploaded or distributed on the large online
platform.
Section 6. Generative artificial intelligence system hosting
platforms.
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A generative artificial intelligence system hosting platform
shall not knowingly make available a generative artificial
intelligence system that does not place disclosures under
section 4.
Section 7. Complaints.
(a) Filing.--A consumer may file a complaint with the Bureau
of Consumer Protection in the Office of Attorney General
alleging a violation of this act.
(b) Investigation and penalty.--The Bureau of Consumer
Protection in the Office of Attorney General shall investigate
complaints filed under subsection (a). If, after investigating a
complaint, the Attorney General finds a violation of this act,
the Attorney General may:
(1) Bring an action to impose a civil penalty up to
$5,000 for each violation.
(2) Seek injunctive relief, restitution, costs and other
relief under the act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection
Law.
(c) Sole penalty and construction.--
(1) The civil penalty under subsection (b) shall be the
sole penalty for conduct in violation of this act.
(2) Nothing in this act shall be construed to create or
imply a private cause of action for a violation of this act.
Section 8. Effective date.
This act shall take effect in 180 days.
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