Revision: Dec. 6, 2023, 2:19 p.m.
HB 1432-FN - AS INTRODUCED
2024 SESSION
24-2152
09/10
HOUSE BILL 1432-FN
SPONSORS: Rep. Greeson, Graf. 6
COMMITTEE: Judiciary
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ANALYSIS
This bill:
1. Establishes the crime of fraudulent use of artificial intelligence and sets penalties therefor;
2. Establishes a cause of action for fraudulent use of artificial intelligence;
3. Establishes registration of lobbyists who have been found to have fraudulently used artificial intelligence in certain cases;
4. Establishes a mechanism for the enforcement of a ban on the fraudulent use of artificial intelligence in elections.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2152
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Criminal Code; Fraud; Fraudulent Use of Artificial Intelligence. Amend RSA 638 by inserting after section 26 the following new section:
638:26-a Fraudulent Use of Artificial Intelligence.
I. In this section:
(a) "Artificial intelligence" means the theory and development of computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages.
(b) "Deep fake" means video or audio that is generated with the end goal of portraying something that did not actually occur in reality.
II. A person is guilty of a class B felony when the person uses any video or audio likeness of an identifiable individual that is generated by or uses artificial intelligence technology to create a deep fake recording for the purpose of embarrassing, harassing, entrapping, defaming, extorting, or otherwise causing any financial or reputational harm to the identifiable person.
III. If a person violates paragraph II of this section, and the violation results in an identifiable individual's arrest based on the content of the deep fake recording, that person shall be guilty of a separate offense. The level of the offense shall be the same as the highest level for the offense for which the identifiable individual was arrested. A term of imprisonment imposed pursuant to this paragraph shall be consecutive to any other sentence of imprisonment.
2 New Section; Actions; Other Actions and Limitations on Liability; Civil Actions for Fraudulent Use of Artificial Intelligence. Amend RSA 507 by inserting after section 8-i the following new section:
507:8-j Civil Actions for Fraudulent Use of Artificial Intelligence.
I. In this section:
(a) "Artificial intelligence" means the theory and development of computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages.
(b) "Deep fake" means video or audio that is generated with the end goal of portraying something that did not actually occur in reality.
II. A person may bring an action for damages resulting from any use of any video or audio likeness of that person that is generated by or using artificial intelligence technology to create a deep fake recording for the purpose of embarrassing, harassing, entrapping, defaming, extorting, or otherwise causing any financial or reputational harm to that person.
III. If damages are awarded under this section:
(a) If the fraudulent use of artificial intelligence led to the loss of employment, damages totaling twice the person's salary for the duration of the unemployment, not to exceed one year, shall be awarded.
(b) Damages awarded under this section shall not exceed $10,000,000 per claim.
3 New Paragraph; Lobbyists; Registration. Amend RSA 15:1 by inserting after paragraph V the following new paragraph:
VI. The secretary of state shall not accept the registration of any person, partnership, firm, or corporation that has been convicted of an offense under 638:26-a or found liable under RSA 507:8-j related to the person's, partnership's, firm's, or corporation's lobbying.
4 New Section; Elections; Political Expenditures and Contributions; Political Advertising; Fraudulent Use of Artificial Intelligence. Amend RSA 664 by inserting after section 14-b the following new section:
664:14-c Fraudulent Use of Artificial Intelligence.
I. In this section:
(a) "Artificial intelligence" means the theory and development of computer systems able to perform tasks that normally require human intelligence, such as visual perception, speech recognition, decision-making, and translation between languages.
(b) "Deep fake" means video or audio that is generated with the end goal of portraying something that did not actually occur in reality.
II. No person may use any video or audio likeness of an identifiable person that is generated by or using artificial intelligence technology to create a deep fake recording for the purpose of expressly or impliedly advocating the success or defeat of any party, measure, or person at any election.
III.(a) A violation of this section shall result in a civil penalty of $5,000 per violation.
(b) Any person injured by another's violation of this section may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. Notwithstanding RSA 507:8-j, if the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act or practice was a willful or knowing violation of this section, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Injunctive relief shall be available to private individuals under this section without bond, subject to the discretion of the court. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.
IV. Nothing in this section shall be construed to limit the enforcement powers of the attorney general under RSA 664:18.
5 Effective Date. This act shall take effect January 1, 2025.
24-2152
12/4/23
HB 1432-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ X ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund | None | |||||
Expenditures | Indeterminable | |||||
Funding Source | General Fund | |||||
Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source | None | |||||
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Estimated Political Subdivision Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
County Revenue | $0 | $0 | $0 | $0 | ||
County Expenditures | Indeterminable | |||||
Local Revenue | $0 | $0 | $0 | $0 | ||
Local Expenditures | Indeterminable | |||||
METHODOLOGY:
This bill adds, deletes, or modifies a criminal penalty, or changes statute to which there is a penalty for violation. Therefore, this bill may have an impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments. A summary of such costs can be found at: https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdf
The Judicial Branch states it is not possible to estimate how this change in law would impact the number of filings in the courts. Because the bill establishes new offenses, it is expected that criminal litigation would increase. In addition to the criminal penalties the bill would establish a new cause of action and it is expected that civil litigation would increase. Common costs for civil cases include the following:
Average Costs in Superior Court | FY 2024 | FY 2025 |
Complex Civil Case | $1,321 | $1,347 |
Routine Civil Case | $494 | $504 |
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Fees | As of 2/12/2020 | |
Original Entry Fee | $280 | |
Third-Party Claim | $280 | |
Motion of Reopen | $160 |
The Department of State indicates this bill would require language changes to the lobbyist registration forms. The Department states this would have a de minimis fiscal impact.
AGENCIES CONTACTED:
Judicial Branch, Judicial Council, Department of Justice, Department of Corrections and State, New Hampshire Association of Counties, and New Hampshire Municipal Association