House File 2082 - Introduced HOUSE FILE 2082 BY STONE A BILL FOR An Act relating to restrictions on the use of artificial 1 intelligence, and creating a civil cause of action. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5240YH (3) 91 lh/jh

H.F. 2082 Section 1. NEW SECTION . 554J.1 Definitions. 1 As used in this chapter, “artificial intelligence” means 2 any machine-based system that, for any explicit or implicit 3 objective, infers from the inputs the system receives to 4 generate outputs, including content, decisions, predictions, 5 or recommendations, that can influence physical or virtual 6 environments. 7 Sec. 2. NEW SECTION . 554J.2 Rights to likeness. 8 On or after July 1, 2026, a person shall not use artificial 9 intelligence to intentionally recreate the audio or visual 10 likeness of an individual without the consent of the 11 individual if the likeness was intended to be substantially 12 indistinguishable from the individual and the likeness is used 13 in any of the following ways: 14 1. Commercial activity. 15 2. A political campaign which the individual does not 16 support. 17 3. A manner intended to make other persons believe that 18 the individual engages in activities the individual would 19 reasonably find offensive. 20 4. A manner intended to diminish the individual’s 21 credibility, cause embarrassment, or otherwise lower the 22 individual’s esteem within the individual’s community. 23 5. A manner intended to induce a person to take an action or 24 divulge information the person otherwise would not. 25 Sec. 3. NEW SECTION . 554J.3 Civil liability —— damages —— 26 additional remedies. 27 1. A person may bring an action for actual and punitive 28 damages for a violation of this chapter, including reasonable 29 attorney fees and costs. Punitive damages shall not exceed two 30 hundred fifty thousand dollars for each violation. 31 2. A class action may be brought under this chapter in 32 accordance with the Iowa rules of civil procedure. 33 3. The court shall specify the amount of each of the 34 following for each violation of this chapter: 35 -1- LSB 5240YH (3) 91 lh/jh 1/ 3

H.F. 2082 a. Actual damages. 1 b. Punitive damages. 2 c. Court costs. 3 d. Reasonable attorney fees. 4 4. In determining the punitive damages for a violation of 5 this chapter, the court shall consider all of the following: 6 a. The nature and extent of the violation. 7 b. The severity of the violation. 8 c. The potential economic effect of the punitive damages on 9 the person who violated this chapter. 10 d. The good-faith measures the person who violated this 11 chapter took to comply with this chapter. 12 e. The willfulness of the violation. 13 f. The deterrent effect that the imposition of punitive 14 damages will have. 15 g. Any other factors the court finds appropriate. 16 5. For purposes of imposing punitive damages under this 17 chapter, a person shall be considered to have committed a 18 separate violation of section 554J.2 for each day a violation 19 continues. 20 6. This chapter shall not preclude a person from bringing a 21 civil or criminal action under any other provision of law. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to restrictions on the use of artificial 26 intelligence (AI). 27 The bill defines “artificial intelligence” as any 28 machine-based system that, for any explicit or implicit 29 objective, infers from the inputs the system receives to 30 generate outputs, including content, decisions, predictions, 31 or recommendations, that can influence physical or virtual 32 environments. 33 The bill prohibits a person from using AI to intentionally 34 recreate the audio or visual likeness of an individual without 35 -2- LSB 5240YH (3) 91 lh/jh 2/ 3

H.F. 2082 the consent of the individual if the likeness was intended to 1 be substantially indistinguishable from the individual and the 2 likeness is used in commercial activity; a political campaign 3 which the individual does not support; a manner intended to 4 make other persons believe that the individual engages in 5 activities the individual would reasonably find offensive; 6 a manner intended to diminish the individual’s credibility, 7 cause embarrassment, or otherwise lower the individual’s esteem 8 within the individual’s community; or a manner intended to 9 induce a person to take an action or divulge information the 10 person otherwise would not. 11 The bill allows a person to bring an action for actual 12 damages and punitive damages for a violation of the bill, plus 13 reasonable attorney fees and costs. Punitive damages cannot 14 exceed $250,000 per violation. 15 The bill allows persons to bring class actions in accordance 16 with the Iowa rules of civil procedure for violations of the 17 bill. 18 The bill requires the court to specify the amount of actual 19 damages, punitive damages, court costs, and reasonable attorney 20 fees for each violation of the new Code chapter. The bill 21 lists several factors a court must consider when determining 22 the amount of punitive damages under the new Code chapter. A 23 person is considered to have committed a separate violation for 24 each day a likeness is used in violation of the bill. 25 The bill does not preclude a person from bringing an action 26 under any other provision of law. 27 -3- LSB 5240YH (3) 91 lh/jh 3/ 3