AI Frontier Institute

Ai, Deepfakes, Cybersecurity, Data Xfers

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Alaska SB 2 (prefiled by Sen. Hughes, 34th Legislature) is in committee (referred to State Affairs, then Judiciary) and has not been enacted. If enacted, it would do three things. (1) Election deepfakes (new AS 15.80.009): it would bar anyone from making, or hiring another to make, an election-related communication they know or should know contains a deepfake of a candidate or proposition without this disclosure: "This communication has been manipulated or generated by artificial intelligence or by another means." Visual or video communications must show the statement so it is easily discernible, and digital or broadcast ones must keep it onscreen throughout. Audio-only communications must read it at the start, at the end, and at least every two minutes if the audio is longer than two minutes. Removing the disclosure is also barred. Violators would be liable to a candidate or proposition group for damages, full reasonable attorney fees and costs, and those parties could also seek an injunction. Exceptions cover satire or parody, certain news broadcasts that acknowledge doubts about authenticity, and paid broadcasters of another person's communication (15.80.009(e)). (2) State agency AI (new AS 44.99.700–44.99.770): the Department of Administration would inventory state agency systems that use generative AI for consequential decisions every two years and publish the inventory (44.99.700). Agencies would do impact assessments at least every two years (44.99.710). Agencies would have to notify affected individuals, get consent before collecting sensitive personal data, offer an appeal with manual human review, and get consent for generative-AI video interviews of job candidates (44.99.720(a)). Agencies could not use AI for consequential decisions involving biometric identification, emotion recognition, cognitive behavioral manipulation, or social scoring (44.99.720(b)). They also could not use AI that relies on data hosted in a country designated a foreign adversary (44.99.720(c)). Contractors would need NIST SP 800-53 Rev. 5 security and privacy controls (44.99.720(d)). The department would adopt implementing regulations (44.99.740). Certain Department of Public Safety investigative systems would be exempt, with their inventory information kept confidential (44.99.760). (3) Data transfers: unless required by law, an agency could not transfer data about an individual to another agency without notifying the individual (44.99.730). Harmed individuals could sue a state agency in superior court for damages, punitive damages, and attorney fees (44.99.750). Section 3 says that provision applies to acts or omissions on or after the Act's effective date.

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