Alaska Senate Bill 2 (SB 2) – Legality and Implications of Deepfakes

1. Overview

Senator Shelley Hughes of the Alaska Senate introduced Senate Bill 2 (SB 2) on January 22, 2025. The bill was brought in light of increasing alarm over deepfakes and cybersecurity concerns, along with the fast-growing application of artificial intelligence (AI) and data transfers among state agencies. The bill seeks to protect the privacy of people’s data and provide transparency for election-related messaging. This bill also provides clear standards for the state’s use of AI.

2. Scope of the Law

The SB 2 bill covers three major aspects:

Disclosures of Election-Related Deepfakes: The law provides that a clear statement of disclosure that the content was made artificially. They are part of any election-related communication that features media manipulated or created by artificial intelligence.

State Agency Use of Artificial Intelligence: It requires state agencies to conduct impact analyses and AI system inventories. They are utilized for significant decisions every two years to uphold transparency and accountability.

Transfer of Information Between State Agencies: In addition to this, it provides procedures for the transfer of personal information between state agencies. This entails notice to individuals and civil damage provisions in the event of injury through misuse of data.

3. Major Provisions

Disclosure Requirements: Any election communication that has a deepfake must include a disclosure notice that says, “This communication has been manipulated or generated by artificial intelligence or by another means.” For electronic communications, the notice must remain visible for the duration of the content; for print or video parts, it needs to be prominently visible.

AI Employment in State Agencies: The state agencies are mandated to keep inventories of AI systems and impact assessments. It also ensures that the use of AI does not include biometric identification, emotion recognition, or social scoring.

Data Transfer Protocols: The personal data must be disclosed to the people before it can be transferred between state agencies. Mechanisms for seeking civil damages are established if individuals are harmed through the misuse of AI.

4. Penalties & Enforcement

Though SB 2 lays out the standards and guidelines for the use of artificial intelligence and data entries, it does not provide penalties for violations in the bill itself. Enforcement would be completed by the applicable state agency authorities, such as the Division of Elections and the Office of Information Technology.

5. Practical Implications

For Political Campaigns: Campaigns should ensure that any media created or manipulated with AI used in communications contains the necessary disclosure statement for compliance with section of SB 2.

For State Agencies: Agencies should inventory AI systems, perform impact assessments, and follow data transfer protocols to meet the requirements of the bill.

For Citizens: They should be informed about their rights as far as data transfers and use of AI by government bodies are concerned, including the right to recover civil damages in case they are harmed.

6. Future Outlook

As technology advances in AI, the SB 2 is likely to be amended to address developing challenges and its efficacy in maintaining electoral integrity and personal privacy.