Artificial Intelligence Modifications

95
13-2-1
13-72b-101
13-72b-201
13-72b-202
13-72b-203
13-72b-204
13-72b-205
13-72b-301
13-72b-302
13-72b-303
13-72b-304
13-72b-305
13-72b-306
13-72b-401
13-72c-101
13-72c-201
13-72c-202
13-72c-203
13-72c-301
63A-16-215
6
7
Artificial Intelligence Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ariel Defay
Senate Sponsor: Kirk A. Cullimore
LONG TITLE
General Description:
This bill enacts provisions related to counterfeit intimate images and digital content
provenance standards.
Highlighted Provisions:
This bill:
defines terms;
creates the Digital Voyeurism Prevention Act to address non-consensual generation and
distribution of counterfeit intimate images;
prohibits generation services and platforms from distributing counterfeit intimate images
without obtaining and verifying consent from the depicted individual;
establishes civil liability for violations of the act, with actual damages, punitive damages,
attorney fees, and injunctive relief;
establishes safe harbor protections for generation services and covered platforms that
implement reasonable safeguards and respond appropriately to notices;
establishes heightened pleading standards requiring plaintiffs to plead specific facts;
requires platforms to implement notice and takedown procedures and disclosure
requirements;
requires large online platforms to detect, disclose, and preserve provenance data in
distributed content;
establishes requirements for capture device manufacturers regarding latent disclosures in
captured content;
requires covered providers to include disclosures in AI-generated content;
provides exemptions for certain products and services;
provides for enforcement by the Division of Consumer Protection; and
provides a severability clause.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
13-2-1
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 468
ENACTS:
13-72b-101
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-201
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-202
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-203
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-204
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-205
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-301
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-302
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-303
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-304
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-305
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-306
Effective
01/01/27
, Utah Code Annotated 1953
13-72b-401
Effective
01/01/27
, Utah Code Annotated 1953
13-72c-101
Effective
01/01/27
, Utah Code Annotated 1953
13-72c-201
Effective
01/01/27
, Utah Code Annotated 1953
13-72c-202
Effective
01/01/27
, Utah Code Annotated 1953
13-72c-203
Effective
01/01/27
, Utah Code Annotated 1953
13-72c-301
Effective
01/01/27
, Utah Code Annotated 1953
63A-16-215
Effective
01/01/27
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
13-2-1
is amended to read:
13-2-1
Effective
07/01/26
Effective
01/01/27
. Consumer protection division
established -- Functions.
(1)
There is established within the Department of Commerce the Division of Consumer
Protection.
(2)
The division shall administer and enforce the following:
(a)
Chapter 10a, Music Licensing Practices Act;
(b)
Chapter 11, Utah Consumer Sales Practices Act;
(c)
Chapter 15, Business Opportunity Disclosure Act;
(d)
Chapter 20, New Motor Vehicle Warranties Act;
(e)
Chapter 21, Credit Services Organizations Act;
(f)
Chapter 22, Charitable Solicitations Act;
(g)
Chapter 23, Health Spa Services Protection Act;
(h)
Chapter 25a, Telephone and Facsimile Solicitation Act;
(i)
Chapter 26, Telephone Fraud Prevention Act;
(j)
Chapter 28, Prize Notices Regulation Act;
(k)
Chapter 32a, Pawnshop, Secondhand Merchandise, and Catalytic Converter
Transaction Information Act;
(l)
Chapter 34, Utah Postsecondary School and State Authorization Act;
(m)
Chapter 41, Price Controls During Emergencies Act;
(n)
Chapter 42, Uniform Debt-Management Services Act;
(o)
Chapter 49, Immigration Consultants Registration Act;
(p)
Chapter 51, Transportation Network Company Registration Act;
(q)
Chapter 52, Residential Solar Energy Consumer Protection Act;
(r)
Chapter 53, Residential
,
Vocational
or
and
Life Skills Program Act;
(s)
Chapter 54, Ticket Website Sales Act;
(t)
Chapter 56, Ticket Transferability Act;
(u)
Chapter 57, Maintenance Funding Practices Act;
(v)
Chapter 61, Utah Consumer Privacy Act;
(w)
Chapter 64, Vehicle Value Protection Agreement Act;
(x)
Chapter 65, Utah Commercial Email Act;
(y)
Chapter 67, Online Dating Safety Act;
(z)
Chapter 68, Lawyer Referral Consultants Registration Act;
(aa)
Chapter 70, Automatic Renewal Contracts Act;
(bb)
Chapter 71, Utah Minor Protection in Social Media Act;
(cc)
Chapter 72a, Artificial Intelligence Applications Relating to Mental Health;
(dd)
Chapter 72c, Digital Content Provenance Standards Act;
(dd)
(ee)
Chapter 78, Earned Wage Access Services Act; and
(ee)
(ff)
Chapter 81, Utah Digital Choice Act.
(3)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
division may make rules to establish:
(a)
a public list that identifies a person that:
(i)
violates a chapter described in Subsection
(2)
;
(ii)
without proper legal justification, fails to comply with an order, subpoena,
judgment, or other legal process issued by:
(A)
the division; or
(B)
a court of competent jurisdiction; or
(iii)
breaches a settlement agreement, stipulation, assurance of voluntary compliance,
or similar instrument signed by the person and the division; and
(b)
a process by which a person may be removed from the list the division establishes as
described in Subsection
(3)(a)
.
Section 2. Section
13-72b-101
is enacted to read:
72b. Digital Voyeurism Prevention Act
1. General Provisions
13-72b-101
Effective
01/01/27
. Definitions.
As used in this chapter:
(1)
"Artificial intelligence technology" means the same as that term is defined in Section
13-72-101
.
(2)
"Consent" means express permission, freely and voluntarily given by an identifiable
individual, with full knowledge of the nature and purpose of the generation of an
intimate image depicting the individual, where the consent:
(a)
is specific to the particular intimate image being generated;
(b)
is obtained before the generation of the intimate image; and
(c)
may be revoked at any time.
(3)
"Counterfeit intimate image" means a "digital forgery" as that term is defined in the
Take It Down Act.
(4)
"Covered platform" means the same as that term is defined in Section 3 of the Take It
Down Act, Public Law 119-12, 139 Stat. 59, codified at 47 U.S.C. 230 note.
(5)
(a)
"Distribute" means to sell, exhibit, display, publish, provide, give, provide access
to, or otherwise transfer a counterfeit intimate image, with or without consideration.
(b)
"Distribute" includes the generation of a counterfeit intimate image by a generation
service and the subsequent provision of that counterfeit intimate image to the user.
(6)
"Generate" means to create, produce, compose, materially edit, or facilitate the creation
of an intimate image through the use of artificial intelligence technology.
(7)
"Generation service" means a person that operates, maintains, or provides an interactive
computer service that:
(a)
enables users to generate intimate images;
(b)
processes user image generation requests through servers, computer systems, or
computing resources controlled by the service operator rather than solely on the
user's local device; and
(c)
distributes generated intimate images to users through the service.
(8)
"Identifiable individual" means an individual who is recognizable as an actual human
individual by the human individual's face, likeness, or other distinguishing
characteristic, including a unique physical feature or other recognizable attribute.
(9)
"Interactive computer service" means the same as that term is defined in 47 U.S.C. Sec.
230(f)(2).
(10)
"Intimate image" means an "intimate visual depiction" as those terms are defined in the
Take It Down Act.
(11)
"Reasonable expectation of privacy" means an individual's expectation that:
(a)
the individual's body will not be viewed, recorded, or depicted in an intimate image
without the individual's knowledge and consent; and
(b)
an intimate image of the individual will not be generated, created, distributed, or
manipulated without the individual's knowledge and consent.
(12)
"Sexually explicit conduct" means the same as that term is defined in 18 U.S.C. Sec.
2256(2)(A).
(13)
"Take It Down Act" means the Tools to Address Known Exploitation by Immobilizing
Technological Deepfakes on Websites and Networks Act, Public Law 119-12, codified
at 47 U.S.C. Sec. 230 note.
Section 3. Section
13-72b-201
is enacted to read:
2. Generation Services
13-72b-201
Effective
01/01/27
. Unlawful distribution of non-consensual
counterfeit intimate images.
(1)
The distribution of a counterfeit intimate image by a generation service without the
consent of the identifiable individual depicted in the image is a violation of the
individual's reasonable expectation of privacy.
(2)
A generation service may not distribute a counterfeit intimate image without first
obtaining consent from the identifiable individual depicted in the counterfeit intimate
image.
(3)
To obtain consent sufficient to meet the requirements of Subsection
(2)
, a generation
service shall implement and maintain a consent system that:
(a)
requires the identifiable individual depicted in the counterfeit intimate image to
affirmatively provide consent before the counterfeit intimate image is distributed;
(b)
assures the identity of the individual providing consent with reasonable accuracy; and
(c)
maintains a record of the consent for a period of not less than seven years.
(4)
A generation service may not require an individual to disclose personally identifiable
information beyond what is reasonably necessary to assure the individual's identity and
obtain valid consent.
Section 4. Section
13-72b-202
is enacted to read:
13-72b-202
Effective
01/01/27
. Civil liability for generation services.
(1)
A person, or the heirs of a deceased person, who has been injured by a violation
recognized in Section
13-72b-201
may bring a civil action against the generation service
that committed the violation.
(2)
If in an action described in Subsection
(1)
the court finds the defendant is violating or
has violated any provision of Section
13-72b-201
, the court shall:
(a)
enjoin the defendant from continuing the violation; and
(b)
order the defendant to remove or destroy any counterfeit intimate image distributed
in violation of Section
13-72b-201
and all copies of the counterfeit intimate image
within the defendant's possession or control.
(3)
It is not necessary that actual damages to the plaintiff be alleged or proved in an action
under this section.
(4)
A plaintiff in an action under this section is entitled to recover:
(a)
actual damages sustained, if any, including damages for emotional distress;
(b)
punitive damages, if the violation is found to be willful, reckless, or malicious; and
(c)
reasonable attorney fees and costs.
(5)
Each distribution of a counterfeit intimate image depicting an identifiable individual
without consent constitutes a separate violation.
(6)
The statute of limitations for a civil action under this section is the later of:
(a)
three years from the date the plaintiff discovered or reasonably should have
discovered the violation; or
(b)
10 years from the date of the violation.
Section 5. Section
13-72b-203
is enacted to read:
13-72b-203
Effective
01/01/27
. Safe harbor for generation services.
(1)
A generation service is not liable under Section
13-72b-202
if the generation service
demonstrates that:
(a)
the generation service does not hold itself out as providing services for creating
counterfeit intimate images;
(b)
the generation service has implemented and maintains a written policy that:
(i)
prohibits the generation and distribution of non-consensual counterfeit intimate
images;
(ii)
includes reasonable safeguards designed to prevent the creation of counterfeit
intimate images; and
(iii)
includes procedures for responding to reports of violations;
(c)
the generation service acted in accordance with the policy described in Subsection
(1)(b)
with respect to the alleged violation;
(d)
the generation service published the policy described in Subsection
(1)(b)
in a clear
and conspicuous location accessible to the public on the generation service's website
or primary user interface;
(e)
the generation service published a general description of the reasonable safeguards
described in Subsection
(1)(b)(ii)
, which may describe technical measures in general
terms without disclosing proprietary implementation details that could be exploited to
circumvent the safeguards;
(f)
the generation service implemented and maintained a consent system that complies
with Subsection
13-72b-201(3)
; and
(g)
upon receiving notice that a counterfeit intimate image was created or distributed
without consent, the generation service took prompt action to prevent further
distribution.
(2)
A generation service qualifies for the safe harbor under Subsection
(1)
even if a
non-consensual counterfeit intimate image was distributed through the service if the
generation service demonstrates that:
(a)
the generation service had no actual knowledge that the image was created or
distributed without consent before receiving notice;
(b)
the generation service's consent system was operating as designed;
(c)
the generation service reasonably relied on information provided through the consent
system; and
(d)
upon discovering the violation, the generation service took prompt action to prevent
further distribution.
(3)
A generation service that has implemented and maintains a written policy and
reasonable technical safeguards that categorically prevent the generation of intimate
images by the service is not required to comply with the consent requirements in
Subsections
(1)(b)
, (1)(c), (1)(e), (1)(f), (2)(b), and (2)(c) to qualify for safe harbor
protection under this section.
(4)
In determining whether a generation service qualifies for safe harbor protection under
this section, the court shall, among other relevant factors, consider whether the
generation service's safeguards and policies:
(a)
are consistent with widely accepted industry standards;
(b)
are regularly updated to address emerging technologies and methods for creating
counterfeit intimate images;
(c)
include technical measures to detect and prevent the generation of counterfeit
intimate images; and
(d)
include reasonable measures to ensure that users are not attempting to circumvent the
safeguards.
(5)
A generation service may assert the safe harbor protections under this section by motion
before trial and is not required to proceed to trial to establish eligibility for the safe
harbor.
Section 6. Section
13-72b-204
is enacted to read:
13-72b-204
Effective
01/01/27
. Heightened pleading standard for actions
against generation services.
(1)
In any action brought under Section
13-72b-202
against a generation service, the
complaint shall plead with particularity facts establishing that the generation service
does not qualify for safe harbor protection under Section
13-72b-203
.
(2)
To meet the pleading requirements of Subsection
(1)
, the plaintiff shall include specific
factual allegations, including dates, communications, and other evidence, demonstrating
that the generation service does not qualify for safe harbor protection under Section
13-72b-203
, including facts showing one or more of the following:
(a)
that the generation service holds itself out as providing services for creating
counterfeit intimate images;
(b)
that the generation service failed to implement a written policy that:
(i)
prohibits the generation and distribution of non-consensual counterfeit intimate
images;
(ii)
includes reasonable safeguards designed to prevent the creation of counterfeit
intimate images; and
(iii)
includes procedures for responding to reports of violations;
(c)
that the generation service distributed a counterfeit intimate image depicting the
plaintiff without requesting or obtaining the plaintiff's consent;
(d)
that the generation service had actual knowledge that a counterfeit intimate image
was created or distributed without consent and failed to take prompt action to prevent
further distribution; or
(e)
that the generation service intentionally designed the service to facilitate the creation
of non-consensual counterfeit intimate images.
(3)
General or conclusory allegations that a generation service violated this part are
insufficient to state a claim.
(4)
If a complaint fails to meet the pleading requirements of this section, the court shall
dismiss the action without prejudice.
(5)
A generation service may bring a motion to dismiss under this section before filing an
answer or other responsive pleading.
(6)
If the court grants a motion to dismiss under this section and the plaintiff files an
amended complaint that again fails to meet the pleading requirements of this section, the
court shall:
(a)
dismiss the action with prejudice; and
(b)
award the generation service reasonable attorney fees and costs incurred in bringing
the motion to dismiss the amended complaint.
Section 7. Section
13-72b-205
is enacted to read:
13-72b-205
Effective
01/01/27
. Transparency and reporting requirements.
(1)
A generation service shall take reasonable measures to inform users that:
(a)
distribution of non-consensual counterfeit intimate images is prohibited;
(b)
violations of this part may result in civil liability; and
(c)
the service provides procedures for reporting violations.
(2)
A generation service shall clearly and conspicuously provide to users procedures for
reporting violations to the generation service.
(3)
A generation service shall publish in a clear and conspicuous location on the generation
service's website or primary user interface:
(a)
the written policy required by Subsection
13-72b-203(1)(b)
; and
(b)
a general description of the safeguards implemented to prevent the generation of
non-consensual counterfeit intimate images, which may describe technical measures
in general terms without disclosing proprietary implementation details that could be
exploited to circumvent the safeguards.
Section 8. Section
13-72b-301
is enacted to read:
3. Covered Platforms
13-72b-301
Effective
01/01/27
. Unlawful distribution of non-consensual
counterfeit intimate images on platforms.
(1)
A covered platform may not knowingly allow the distribution of a counterfeit intimate
image without consent from the identifiable individual depicted in the counterfeit
intimate image.
(2)
A covered platform knowingly allows the distribution of a counterfeit intimate image
without consent if the covered platform:
(a)
receives notice under Section
13-72b-302
that a counterfeit intimate image has been
distributed without consent; and
(b)
fails to comply with the takedown requirements in Section
13-72b-302
.
Section 9. Section
13-72b-302
is enacted to read:
13-72b-302
Effective
01/01/27
. Duty to remove -- Notice and takedown
requirements.
(1)
A covered platform shall establish and implement notice and removal procedures that
comply with the requirements established in Section 3(a) of the Take It Down Act.
(2)
The requirements described in Subsection
(1)
include:
(a)
establishing a mechanism for an individual depicted in a counterfeit intimate image
to notify the covered platform that the image has been published on the covered
platform without the individual's consent;
(b)
providing clear and conspicuous notice of the mechanism described in Subsection
(2)(a)
;
(c)
upon receiving notice that meets the requirements established in the Take It Down
Act, removing the reported counterfeit intimate image within 48 hours after receiving
the notice; and
(d)
making reasonable efforts to identify and remove any identical copy of the
counterfeit intimate image.
(3)
A covered platform that complies in good faith with the notice and takedown
procedures required by this section is not liable under this chapter for actions taken in
accordance with this section before receiving notice.
Section 10. Section
13-72b-303
is enacted to read:
13-72b-303
Effective
01/01/27
. Civil liability for covered platforms.
(1)
A person, or the heirs of a deceased person, who has been injured by a violation of
Section
13-72b-301
may bring a civil action against the covered platform that committed
the violation.
(2)
If in an action described in Subsection
(1)
the court finds the defendant is violating or
has violated any provision of Section
13-72b-301
, the court shall:
(a)
enjoin the defendant from continued violation; and
(b)
order the defendant to remove or destroy any counterfeit intimate image distributed
in violation of Section
13-72b-301
and all copies of the counterfeit intimate image
within the defendant's possession or control.
(3)
It is not necessary that actual damages to the plaintiff be alleged or proved in an action
under this section.
(4)
A plaintiff in an action under this section is entitled to recover:
(a)
actual damages sustained, if any, including damages for emotional distress;
(b)
punitive damages, if the violation is found to be willful, reckless, or malicious; and
(c)
reasonable attorney fees and costs.
(5)
Each failure to comply with the notice and takedown requirements established in
Section
13-72b-302
after receiving notice of a counterfeit intimate image constitutes a
separate violation of this chapter.
(6)
The statute of limitations for a civil action under this section is the later of:
(a)
three years from the date the plaintiff discovered or reasonably should have
discovered the violation; or
(b)
10 years from the date of the violation.
Section 11. Section
13-72b-304
is enacted to read:
13-72b-304
Effective
01/01/27
. Safe harbor for covered platforms.
(1)
A covered platform is not liable under Section
13-72b-303
if the covered platform
demonstrates that:
(a)
the covered platform implemented and maintained notice and removal procedures
that comply with Section
13-72b-302
; and
(b)
the covered platform acted in good faith in responding to notices of non-consensual
counterfeit intimate images.
(2)
A covered platform qualifies for safe harbor protection under this section even if a
non-consensual counterfeit intimate image appeared on the platform if the covered
platform demonstrates that:
(a)
the covered platform had no actual knowledge of the image before receiving notice
under Section
13-72b-302
; and
(b)
upon receiving notice, the covered platform complied with the takedown
requirements in Section
13-72b-302
.
(3)
In determining whether a covered platform acted in good faith in responding to a notice
of a non-consensual counterfeit intimate image, the court shall consider:
(a)
the size and resources of the covered platform;
(b)
the volume of content distributed on the platform;
(c)
the effectiveness of the platform's proactive measures; and
(d)
whether the platform's measures are consistent with widely accepted industry
standards.
(4)
A covered platform may establish the safe harbor protections under this section by
motion to dismiss or motion for summary judgment.
(5)
If a court determines that a covered platform has established safe harbor protection
under this section on a motion to dismiss or motion for summary judgment, the court
shall:
(a)
dismiss the action or grant summary judgment in favor of the covered platform; and
(b)
award the covered platform reasonable attorney fees and costs.
Section 12. Section
13-72b-305
is enacted to read:
13-72b-305
Effective
01/01/27
. Heightened pleading standard for actions
against covered platforms.
(1)
In any action brought under Section
13-72b-303
against a covered platform, the
complaint shall plead with particularity facts establishing that the covered platform does
not qualify for safe harbor protection under Section
13-72b-304
.
(2)
To meet the pleading requirements of Subsection
(1)
, the plaintiff shall include specific
factual allegations demonstrating that the covered platform does not qualify for safe
harbor protection under Section
13-72b-304
, including facts showing one or more of the
following:
(a)
that the covered platform failed to implement notice and removal procedures that
comply with Section
13-72b-302
;
(b)
that the covered platform failed to act in good faith in responding to notices of
non-consensual counterfeit intimate images;
(c)
if the plaintiff provided notice under Section
13-72b-302
:
(i)
the specific date and method by which notice was provided;
(ii)
the content of the notice provided;
(iii)
the covered platform's response or failure to respond; and
(iv)
facts establishing that the covered platform failed to comply with the takedown
requirements in Section
13-72b-302
; or
(d)
if the plaintiff did not provide notice under Section
13-72b-302
:
(i)
facts establishing that the covered platform had actual knowledge of the
non-consensual counterfeit intimate image before the plaintiff provided notice; and
(ii)
facts establishing that the covered platform failed to take reasonable steps to
remove the image within 48 hours after obtaining actual knowledge.
(3)
General or conclusory allegations that a covered platform violated this part are
insufficient to state a claim.
(4)
If a complaint fails to meet the pleading requirements of this section, the court shall
dismiss the action without prejudice.
(5)
A covered platform may bring a motion to dismiss under this section before filing an
answer or other responsive pleading.
(6)
If the court grants a motion to dismiss under this section and the plaintiff files an
amended complaint that again fails to meet the pleading requirements of this section, the
court shall:
(a)
dismiss the action with prejudice; and
(b)
award the covered platform reasonable attorney fees and costs incurred in bringing
the motion to dismiss the amended complaint.
Section 13. Section
13-72b-306
is enacted to read:
13-72b-306
Effective
01/01/27
. Relationship to federal law.
(1)
This part does not expand or modify the notice and takedown requirements established
in the Take It Down Act.
(2)
This part does not alter, modify, or limit Section 230 of the Communications Decency
Act, 47 U.S.C. Sec. 230, and may not be construed to impose liability on a covered
platform for acting as the publisher or speaker of information provided by another
information content provider.
Section 14. Section
13-72b-401
is enacted to read:
4. Severability
13-72b-401
Effective
01/01/27
. Severability.
(1)
If any provision of this chapter or the application of any provision to any person or
circumstance is held invalid by a final decision of a court of competent jurisdiction, the
remainder of this chapter shall be given effect without the invalid provision or
application.
(2)
The provisions of this chapter are severable.
Section 15. Section
13-72c-101
is enacted to read:
72c. Digital Content Provenance Standards Act
1. General Provisions
13-72c-101
Effective
01/01/27
. Definitions.
As used in this chapter:
(1)
"Artificial intelligence" means a machine-based system that makes predictions,
recommendations, or decisions influencing real or virtual environments.
(2)
"Capture device" means a device that can record photographs, audio, or video content,
including a video camera, a still photography camera, a mobile phone with a built-in
camera or microphone, or a voice recorder.
(3)
(a)
"Capture device manufacturer" means a person who produces a capture device for
sale in the state.
(b)
"Capture device manufacturer" does not include a person exclusively engaged in the
assembly of a capture device.
(4)
"Compliant system provenance data" means system provenance data that is compliant
with widely adopted specifications of an established standards-setting body.
(5)
(a)
"Covered provider" means a person that creates, codes, or otherwise produces a
generative artificial intelligence system that:
(i)
has over 1,000,000 monthly visitors or users; and
(ii)
is publicly accessible within the geographic boundaries of the state.
(b)
"Covered provider" does not include a person that creates, codes, or otherwise
produces a generative artificial intelligence system that is used exclusively for the
person's internal business operations and is not made publicly accessible.
(6)
"Digital signature" means a cryptography-based method that identifies the user or entity
that attests to the information provided in the signed section.
(7)
"Generative artificial intelligence system" means an artificial intelligence system that
can generate derived synthetic content, including text, images, video, or audio, that
emulates the structure and characteristics of the system's training data.
(8)
(a)
"Large online platform" means a public-facing social media platform, mass
messaging platform, or stand-alone search engine that distributes content to users
who did not create or collaborate in creating the content and that exceeded 2,000,000
unique monthly users during the
preceding
12 months.
(b)
"Large online platform" does not include:
(i)
a broadband internet access service, as defined in 47 C.F.R. Sec. 8.1(b); or
(ii)
a telecommunications service, as defined in 47 U.S.C. Sec. 153.
(9)
"Latent" means present but not manifest.
(10)
"Manifest" means easily perceived, understood, or recognized by a natural person.
(11)
"Mass messaging platform" means a direct messaging platform that allows users to
distribute content to more than 100 users simultaneously.
(12)
"Metadata" means structural or descriptive information about data.
(13)
"Personal information" means the same as that term is defined in Section
13-61-101
.
(14)
"Provenance data" means 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.
(15)
"System provenance data" means provenance data that is not reasonably capable of
being associated with a particular user and that contains:
(a)
information regarding the type of device, system, or service that was used to generate
a piece of digital content; or
(b)
information related to content authenticity.
(16)
"User" means a Utah resident who accesses, interacts with, or uses an interactive
computer service, platform, generation service, generative artificial intelligence system,
or capture device.
(17)
"User interface" means the method by which an individual interacts with, controls, or
receives information from a computer, software application, website, or electronic
device.
Section 16. Section
13-72c-201
is enacted to read:
2. Content Provenance Standards and Requirements
13-72c-201
Effective
01/01/27
. Requirements for large online platforms.
(1)
A large online platform shall:
(a)
detect whether compliant system provenance data is embedded into or attached to
content distributed on the large online platform;
(b)
provide a user interface to disclose the availability of system provenance data; and
(c)
allow a user to inspect all available compliant system provenance data in an easily
accessible manner:
(i)
directly through the large online platform's user interface described in Subsection
(1)(b)
;
(ii)
by allowing the user to download the content's compliant system provenance
data; or
(iii)
by providing a link to the content's system provenance data displayed on an
internet website or in another application provided either by the large online
platform or a third party.
(2)
A large online platform may not, to the extent technically feasible, knowingly strip any
system provenance data or digital signature that is compliant with widely adopted
specifications adopted by an established standards-setting body from content uploaded
or distributed on the large online platform.
Section 17. Section
13-72c-202
is enacted to read:
13-72c-202
Effective
01/01/27
. Requirements for capture devices.
(1)
A capture device manufacturer shall include a latent disclosure in content captured by
the capture device that conveys:
(a)
(i)
the name of the capture device manufacturer; or
(ii)
digital signatures sufficient to prove whether the content was created using a type
of capture device; and
(b)
the time and date of the content's creation or alteration.
(2)
A capture device manufacturer may provide a user with the option to disable the latent
disclosure on a capture device required in Subsection
(1)
.
(3)
A capture device manufacturer shall comply with this section only to the extent
technically feasible and compliant with widely adopted specifications adopted by an
established standards-setting body.
(4)
This section applies to any capture device a capture device manufacturer produces for
sale in the state on or after January 1, 2028.
Section 18. Section
13-72c-203
is enacted to read:
13-72c-203
Effective
01/01/27
. User disclosures.
A covered provider shall include a latent disclosure in image, video, or audio content, or
content that is any combination of image, video, or audio, created or substantially modified by
the covered provider's generative artificial intelligence system that meets the following criteria:
(1)
to the extent that it is technically feasible and reasonable, the disclosure conveys the
following information, either directly or through a link to a permanent internet website:
(a)
the time and date of the content's creation or alteration; and
(b)
either:
(i)
the name of the capture device manufacturer; or
(ii)
digital signatures sufficient to prove whether the content was created or
substantially altered using a generative artificial intelligence system; and
(2)
the disclosure is consistent with widely accepted industry standards.
Section 19. Section
13-72c-301
is enacted to read:
3. Enforcement
13-72c-301
Effective
01/01/27
. Enforcement -- Civil liability.
(1)
The Division of Consumer Protection shall administer and enforce the provisions of Part
2, Content Provenance Standards and Requirements in accordance with Chapter 2,
Division of Consumer Protection.
(2)
In addition to the division's enforcement powers under Chapter 2, Division of Consumer
Protection:
(a)
the division director may impose an administrative fine of up to $2,500 for each
violation of this chapter; and
(b)
the division may bring an action in a court of competent jurisdiction to enforce a
provision of this chapter.
(3)
In a court action by the division to enforce a provision of this chapter, the court may:
(a)
declare that an act or practice violates a provision of this chapter;
(b)
issue an injunction for a violation of this chapter;
(c)
order disgorgement of money received in violation of this chapter;
(d)
order payment of disgorged money to an injured purchaser or consumer;
(e)
impose a fine of up to $2,500 for each violation of this chapter; or
(f)
award other relief that the court determines reasonable and necessary.
(4)
If a court awards judgment or injunctive relief to the division, the court shall award the
division:
(a)
reasonable attorney fees;
(b)
court costs; and
(c)
investigative fees.
(5)
A court may impose a civil penalty of no more than $5,000 for each violation of an
administrative or court order issued for a violation of this chapter.
(6)
The attorney general may bring a civil action on behalf of the division to collect a civil
penalty imposed under this section.
(7)
The division shall deposit all fines and civil penalties collected under this section into
the Consumer Protection Education and Training Fund created in Section
13-2-8
.
(8)
Nothing in this chapter shall displace any other available remedies or rights authorized
under the laws of this state or the United States.
Section 20. Section
63A-16-215
is enacted to read:
63A-16-215
Effective
01/01/27
. Government websites and applications.
(1)
The chief information officer shall make rules, in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, establishing standards for digital content on a
webpage of a state agency that the public can access to facilitate a transaction or obtain a
service if the chief information officer determines there is a substantial risk that
fraudulent or misleading media could cause harm to a resident of the state interacting
with the state agency.
(2)
The standards required by Subsection
(1)
shall require a digitally accessible provenance
record containing provenance information for digital content captured, created, or edited
that includes:
(a)
the identification of:
(i)
the type of software or tool used; or
(ii)
the specific tool used;
(b)
the date of creation;
(c)
a content identifier; and
(d)
the previous content identifiers, if applicable.
(3)
This section does not apply to digital content created before January 1, 2027.
Section 21.
Effective Date.
This bill takes effect on
January 1, 2027
.
3-11-26 11:22 AM