AI Frontier Institute

Regulating artificial intelligence training data.

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Substitute House Bill 2503 has not been enacted. It was passed out of the House Technology, Economic Development, & Veterans Committee as a substitute and referred to Appropriations. If enacted, it would add a new chapter to Title 19 RCW requiring developers of generative AI systems to publicly disclose their training data. Under Sec. 2, on or before January 1, 2027, and before each later public release of a generative AI system (or a substantial modification) released on or after January 1, 2022 and made available to Washingtonians, the developer must post documentation on its website. This applies whether or not users pay. The documentation must include a high-level summary of the datasets: their sources, purpose, number of data points, and types of data. It must say whether the data include copyrighted, trademarked, or patented material, and whether the data were purchased or licensed. It must say whether the data include personal information or aggregate consumer information, and whether the developer cleaned or modified the data. It must give training dates and say whether synthetic data were used. It must also describe the steps taken to eliminate and remove child sexual abuse material from training datasets. Sec. 1 defines key terms, including "developer," "generative artificial intelligence," and "substantial modification." The definition of developer excludes internal-use or research-only developers, users of third-party AI via API without substantial modification, public entities, and tribal nations. Sec. 2(2) exempts systems whose sole purpose is security and integrity, systems solely for aircraft operation in national airspace, and systems built for national security, military, or defense that are available only to a federal entity. Sec. 2(3) exempts systems subject to federal Food, Drug, and Cosmetic Act requirements. Sec. 3 says compliance is judged by the generally acknowledged state of the art, which may include NIST guidance, without compromising intellectual property or trade secrets. Sec. 4 makes a violation an unfair or deceptive act under the Consumer Protection Act, chapter 19.86 RCW.

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