AI Frontier Institute

Regards AI-generated products, AI-systems acting as humans

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Ohio H.B. 813 (136th General Assembly) has been introduced and referred to the Technology and Innovation committee. It has not been enacted. If enacted, it would add sections 1349.12 to 1349.16 to the Revised Code. Section 1349.12 defines "artificial intelligence system," "AI-generated product" (content substantially created or modified by AI so that it materially alters the content, excluding mere compression or encoding), and "content." Section 1349.13 would require AI systems to be programmed to place a distinctive watermark on AI-generated products. It would bar distributing AI-generated products for public or commercial use without the watermark. It would require anyone using an AI system to clearly and conspicuously tell users when the system is acting as or emulating a human. It would not apply to AI products generated at a user's prompting solely for personal, noncommercial use. Section 1349.14 lets anyone file a complaint with the attorney general through a website form. It also lets the attorney general investigate and send written notice of alleged violations. Section 1349.15 would let aggrieved persons sue for damages. It would also let the attorney general sue for injunctive relief and a civil penalty of $2,500 to $10,000 per violation or instance. The attorney general may not sue if the party cures the violations within seven days of notice and provides a written statement that it has cured them and will not violate again. Exceptions apply for failure to respond, continued violations, or repeat violations of the same type. Section 1349.16 directs courts to weigh the seriousness of the violation, intent, prior history, and harm when setting penalties. Penalties would be deposited in the consumer protection enforcement fund created by section 1345.51.

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