HF 2082 (LSB 5240YH (3) 91)

HOUSE FILE 2082

BY  STONE

A BILL FOR

An Act relating to restrictions on the use of artificial intelligence, and creating a civil cause of action.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  554J.1  Definitions.
   As used in this chapter, “artificial intelligence” means any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.
    Sec. 2.  NEW SECTION.  554J.2  Rights to likeness.
   On or after July 1, 2026, a person shall not use artificial intelligence to intentionally recreate the audio or visual likeness of an individual without the consent of the individual if the likeness was intended to be substantially indistinguishable from the individual and the likeness is used in any of the following ways:
   1.  Commercial activity.
   2.  A political campaign which the individual does not support.
   3.  A manner intended to make other persons believe that the individual engages in activities the individual would reasonably find offensive.
   4.  A manner intended to diminish the individual’s credibility, cause embarrassment, or otherwise lower the individual’s esteem within the individual’s community.
   5.  A manner intended to induce a person to take an action or divulge information the person otherwise would not.
    Sec. 3.  NEW SECTION.  554J.3  Civil liability —— damages —— additional remedies.
   1.  A person may bring an action for actual and punitive damages for a violation of this chapter, including reasonable attorney fees and costs. Punitive damages shall not exceed two hundred fifty thousand dollars for each violation.
   2.  A class action may be brought under this chapter in accordance with the Iowa rules of civil procedure.
   3.  The court shall specify the amount of each of the following for each violation of this chapter:
   a.  Actual damages.
   b.  Punitive damages.
   c.  Court costs.
   d.  Reasonable attorney fees.
   4.  In determining the punitive damages for a violation of this chapter, the court shall consider all of the following:
   a.  The nature and extent of the violation.
   b.  The severity of the violation.
   c.  The potential economic effect of the punitive damages on the person who violated this chapter.
   d.  The good-faith measures the person who violated this chapter took to comply with this chapter.
   e.  The willfulness of the violation.
   f.  The deterrent effect that the imposition of punitive damages will have.
   g.  Any other factors the court finds appropriate.
   5.  For purposes of imposing punitive damages under this chapter, a person shall be considered to have committed a separate violation of section 554J.2 for each day a violation continues.
   6.  This chapter shall not preclude a person from bringing a civil or criminal action under any other provision of law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to restrictions on the use of artificial intelligence (AI).
   The bill defines “artificial intelligence” as any machine-based system that, for any explicit or implicit objective, infers from the inputs the system receives to generate outputs, including content, decisions, predictions, or recommendations, that can influence physical or virtual environments.
   The bill prohibits a person from using AI to intentionally recreate the audio or visual likeness of an individual without the consent of the individual if the likeness was intended to be substantially indistinguishable from the individual and the likeness is used in commercial activity; a political campaign which the individual does not support; a manner intended to make other persons believe that the individual engages in activities the individual would reasonably find offensive; a manner intended to diminish the individual’s credibility, cause embarrassment, or otherwise lower the individual’s esteem within the individual’s community; or a manner intended to induce a person to take an action or divulge information the person otherwise would not.
   The bill allows a person to bring an action for actual damages and punitive damages for a violation of the bill, plus reasonable attorney fees and costs. Punitive damages cannot exceed $250,000 per violation.
   The bill allows persons to bring class actions in accordance with the Iowa rules of civil procedure for violations of the bill.
   The bill requires the court to specify the amount of actual damages, punitive damages, court costs, and reasonable attorney fees for each violation of the new Code chapter. The bill lists several factors a court must consider when determining the amount of punitive damages under the new Code chapter. A person is considered to have committed a separate violation for each day a likeness is used in violation of the bill.
   The bill does not preclude a person from bringing an action under any other provision of law.