Artificial intelligence info

AN ACT Relating to increasing transparency in artificial 1
intelligence; adding a new chapter to Title 19 RCW; and prescribing 2
penalties. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The definitions in this section apply 5
throughout this chapter unless the context clearly requires 6
otherwise.7
(1) "Aggregate consumer information" means information that 8
relates to a group or category of consumers, from which individual 9
consumer identities have been removed, that is not linked or 10
reasonably linkable to any consumer or household, including via a 11
device. "Aggregate consumer information" does not mean one or more 12
individual consumer records that have been identified.13
(2) "Artificial intelligence" means an engineered or machine-14
based system that varies in its level of autonomy and that can, for 15
explicit or implicit objectives, infer from the input it receives how 16
to generate outputs that can influence physical or virtual 17
environments. 18
(3) "Developer" means a person, partnership, state or local 19
government agency, or corporation that designs, codes, produces, or 20
substantially modifies an artificial intelligence system or service 21
H-0302.1
HOUSE BILL 1168
State of Washington 69th Legislature 2025 Regular Session
By Representatives Shavers, Taylor, Ryu, and Fosse
Prefiled 01/06/25. Read first time 01/13/25. Referred to Committee
on Technology, Economic Development, & Veterans.
p. 1 HB 1168
for use by members of the public. For the purposes of this 1
definition, "members of the public" does not include an affiliate as 2
defined in RCW 19.146.010 or a hospital's medical staff member.3
(4) "Generative artificial intelligence" means artificial 4
intelligence that can generate derived synthetic content, such as 5
text, images, video, and audio, that emulates the structure and 6
characteristics of the artificial intelligence's training data.7
(5) "Security and integrity" means the ability of:8
(a) Networks or information systems to detect security incidents 9
that compromise the availability, authenticity, integrity, and 10
confidentiality of stored or transmitted personal information;11
(b) Developers, users, or businesses to detect security 12
incidents, resist malicious, deceptive, fraudulent, or illegal 13
actions and to help prosecute those responsible for those actions; 14
and 15
(c) Developers, users, or businesses to ensure the physical 16
safety of natural persons. 17
(6) "Substantially modifies" or "substantial modification" means 18
a new version, new release, or other update to a generative 19
artificial intelligence system or service that materially changes its 20
functionality or performance, including the results of retraining or 21
fine tuning. 22
(7) "Synthetic data generation" means a process in which seed 23
data are used to create artificial data that have some of the 24
statistical characteristics of the seed data. 25
(8) "Train a generative artificial intelligence system or 26
service" includes testing, validating, or fine tuning by the 27
developer of the artificial intelligence system or service.28
NEW SECTION. Sec. 2. (1) On or before January 1, 2026, and 29
before each time thereafter that a generative artificial intelligence 30
system or service, or a substantial modification to a generative 31
artificial intelligence system or service, released on or after 32
January 1, 2022, is made publicly available to Washingtonians for 33
use, regardless of whether the terms of that use include 34
compensation, the developer of the system or service shall post on 35
the developer's internet website documentation regarding the data 36
used by the developer to train the generative artificial intelligence 37
system or service including, but not limited to:38
p. 2 HB 1168
(a) A high-level summary of the datasets used in the development 1
of the generative artificial intelligence system or service 2
including, but not limited to: 3
(i) The sources or owners of the datasets; 4
(ii) A description of how the datasets further the intended 5
purpose of the artificial intelligence system or service;6
(iii) The number of data points included in the datasets, which 7
may be in general ranges, and with estimated figures for dynamic 8
datasets; 9
(iv) A description of the types of data points within the 10
datasets; 11
(v) Whether the datasets include any data protected by copyright, 12
trademark, or patent, or whether the datasets are entirely in the 13
public domain; 14
(vi) Whether the datasets were purchased or licensed by the 15
developer; 16
(vii) Whether the datasets include personal information, as 17
defined in RCW 19.255.005; 18
(viii) Whether the datasets include aggregate consumer 19
information; 20
(ix) Whether there was any cleaning, processing, or other 21
modification to the datasets by the developer, including the intended 22
purpose of those efforts in relation to the artificial intelligence 23
system or service; 24
(x) The time period during which the data in the datasets were 25
collected, including a notice if the data collection is ongoing;26
(xi) The dates the datasets were first used during the 27
development of the artificial intelligence system or service; and28
(xii) Whether the generative artificial intelligence system or 29
service used or continuously uses synthetic data generation in its 30
development. A developer may include a description of the functional 31
need or desired purpose of the synthetic data in relation to the 32
intended purpose of the system or service. 33
(b) For purposes of this subsection, the following definitions 34
apply: 35
(i) As applied to datasets that include labels, "types of data 36
points" means the types of labels used; and 37
(ii) As applied to datasets without labeling, "types of data 38
points" refers to the general characteristics. 39
p. 3 HB 1168
(2) A developer is not required to post documentation regarding 1
the data used to train a generative artificial intelligence system or 2
service for any of the following: 3
(a) A generative artificial intelligence system or service whose 4
sole purpose is to help ensure security and integrity;5
(b) A generative artificial intelligence system or service whose 6
sole purpose is the operation of aircraft in the national airspace; 7
and 8
(c) A generative artificial intelligence system or service 9
developed for national security, military, or defense purposes that 10
is made available only to a federal entity. 11
NEW SECTION. Sec. 3. The attorney general shall enforce this 12
chapter, and a developer who is found in violation of this chapter is 13
liable for a civil penalty in the amount of $5,000 per violation to 14
be collected in a civil action filed by the attorney general. Each 15
day that a developer is in violation of this chapter is a discrete 16
violation.17
NEW SECTION. Sec. 4. Sections 1 through 3 of this act 18
constitute a new chapter in Title 19 RCW.19
--- END ---
p. 4 HB 1168