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AI Summary
This bill prohibits the use of deep fake images for invading privacy and unlawfully depicting minors in explicit conduct, establishing criminal penalties.
Business Impact
If you use AI to create or distribute images, you must ensure compliance with privacy laws or face criminal penalties.
What do these statuses mean? ▼
Introduced
— Filed in the legislature; not yet heard in committee
In Committee
— Assigned to and being reviewed by a legislative committee
Passed
— Approved by one or both chambers; awaiting further action
Signed / Enacted
— Signed into law by the governor; may or may not be in effect yet
Dead / Vetoed
— Vetoed, failed to pass, or session expired without action
Unknown
— Status data not yet available or awaiting classification
Affected Industries
Topics How we classify →
What This Means
House Bill 5516 aims to criminalize the use of deep fake images for privacy invasion and the unlawful depiction of minors. It establishes clear definitions and penalties for violations, impacting individuals and organizations that utilize AI-generated content. Compliance is crucial to avoid severe legal consequences.
Key Provisions
- Prohibits the use of deep fake images for nonconsensual disclosure of private intimate images.
- Establishes criminal penalties for unlawful depiction of minors in sexually explicit conduct.
- Defines key terms such as 'deep fake' and 'intimate parts' for clarity in enforcement.
- Exempts disclosures made with consent or for lawful reporting of illegal conduct.
- Clarifies that service providers are not liable for user-generated content.
Latest Legislative Action
To Judiciary
Bill Sponsors (showing 5 of 11)
| Name | Role | District |
|---|---|---|
| Adam Burkhammer R | Sponsor | HD-064 |
| David Kelly R | Sponsor | HD-008 |
| Geno Chiarelli R | Sponsor | HD-078 |
| James Akers R | Sponsor | HD-086 |
| Jarred Cannon R | Sponsor | HD-021 |
Roll Call Votes
H ·
Passed House (Roll No. 334) ·
Feb 27, 2024
96 Yea
0 Nay
4 Other
Passed ✓
Amendments (1)
hb5516 h ai am _1-2-14
Pending
2024-01-02
Compliance Checklist
Ensure no deep fake images are used without consent, especially involving minors.
Who: Content creators and distributors.
Deadline: Immediately upon enactment.
Penalty: Misdemeanor or felony charges depending on the violation.
Who: Content creators and distributors.
Deadline: Immediately upon enactment.
Penalty: Misdemeanor or felony charges depending on the violation.
Review and update content policies to align with new definitions and prohibitions.
Who: Businesses and organizations using AI for image generation.
Deadline: Immediately upon enactment.
Penalty: Potential legal consequences for non-compliance.
Who: Businesses and organizations using AI for image generation.
Deadline: Immediately upon enactment.
Penalty: Potential legal consequences for non-compliance.
Full Legal Analysis
House Bill 5516 seeks to amend existing laws in West Virginia to specifically prohibit the use of deep fake images for the nonconsensual disclosure of private intimate images and the unlawful depiction of minors in sexually explicit conduct. The bill defines 'deep fake' as a visual depiction created through technical means, including AI, that is so realistic it misrepresents the actions of an individual. Individuals and entities that create or distribute such content must comply with these new prohibitions to avoid criminal penalties. Violations can result in misdemeanor or felony charges, depending on the number of offenses. The bill also outlines specific exemptions and clarifies that interactive computer service providers are not liable for content created by others. This legislation aligns with similar laws in other states aimed at addressing the misuse of technology in privacy violations.
Official Source
Official Bill Text
View HB5516 on official legislature website →
Related Topics
Affected Industries
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