Hawaii Senate Bill 2687

Prohibits reckless distribution of materially deceptive media using AI during elections. Establishes criminal penalties and civil remedies for violations. Exempts certain broadcasters and services. Requires disclaimers for manipulated media. Defines AI and materially deceptive media.

  • Authority: Hawaii
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-07-03

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • False or misleading information
  • Pollution of information ecosystem
  • Disinformation, surveillance, and influence at scale
  • Fraud, scams, and targeted manipulation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • Overreliance and unsafe use

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 4-5 subdomains, with strong focus on malicious actors (4.1 Disinformation, surveillance, and influence at scale; 4.3 Fraud, scams, and targeted manipulation), misinformation (3.1 False or misleading information; 3.2 Pollution of information ecosystem), and human-computer interaction (5.1 Overreliance and unsafe use). Coverage is concentrated in misinformation, malicious use, and electoral integrity domains.

Sector coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the sector are explicitly described.

  • Information
  • Public Administration (excl. National Security)

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Professional & Technical Services

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector (broadcasting, telecommunications, data processing, streaming services) and Public Administration excluding National Security (electoral processes, campaign regulation). It also has minimal coverage of Professional and Technical Services through references to legal remedies and attorney involvement.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative instrument (Senate Bill) that establishes criminal penalties (petty misdemeanor, misdemeanor, class C felony), civil remedies, and enforcement mechanisms through the campaign spending commission and attorney general. It uses mandatory language throughout and creates legally enforceable obligations.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: Hawaii State Legislature
  • Summary: The document is a bill proposed by the Hawaii State Legislature, as indicated by the opening text 'BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII' and references to legislative findings.

Target

  • Entity Types: AI_Developer, AI_Deployer, AI_User
  • Entities: persons distributing materially deceptive media; broadcasters; cable operators; direct-to-home satellite providers; interactive computer services; cloud service providers; streaming services; developers or providers of technology used in creation of materially deceptive media
  • Summary: The bill targets any person who distributes materially deceptive media during election periods, with specific exemptions for certain service providers unless they were involved in creation or have knowledge and intent to deceive.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: campaign spending commission; attorney general; county attorney; county prosecutor; courts
  • Summary: The bill designates multiple enforcement bodies including the campaign spending commission for fines and criminal referrals, and various government attorneys for injunctive relief and prosecution.

Monitor

  • Entity Types: AI_Governance_Actor
  • Entities: campaign spending commission; courts
  • Summary: The campaign spending commission has monitoring and assessment authority, while courts oversee compliance through injunctive relief and civil fines for violations of court orders.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Build and Use Model
  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document primarily focuses on the Deploy and Operate and Monitor stages of the AI lifecycle, as it regulates the distribution and use of AI-generated media during elections and requires ongoing monitoring through disclaimers and enforcement mechanisms. It does not substantially address earlier stages like planning, data collection, or model development.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • AI Models
  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly defines and covers artificial intelligence, generative AI techniques, and materially deceptive media created through AI. It specifically mentions machine learning, deep learning, and generative adversarial networks. The document focuses on generative AI applications but does not mention frontier AI, general purpose AI, foundation models, compute thresholds, or open-weight models.

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=SB&billnumber=2687&year=2024
https://agora.eto.tech/instrument/1497
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Document data from AGORA, CSET Emerging Technology Observatory.