Illinois House Bill 4875

Amends the Right of Publicity Act to regulate AI-generated digital replicas, prohibiting unauthorized commercial use without consent. Establishes liability for knowingly distributing such replicas. Exempts certain uses, like news or satire. Applies protections for 50 years posthumously. Effective January 1, 2025.

  • Authority: Illinois
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2024-08-09

Risk subdomain coverage

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

  • Compromise of privacy
  • Fraud, scams, and targeted manipulation

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

  • False or misleading information
  • Overreliance and unsafe use
  • Economic and cultural devaluation of human effort

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document primarily addresses risks related to malicious actors (4.3 Fraud and manipulation), privacy concerns (2.1 Privacy compromise), and human-computer interaction issues (5.1 Overreliance). It has good coverage of unauthorized use of digital replicas for fraudulent purposes and identity theft, with specific provisions addressing consent, liability, and enforcement mechanisms.

Sector coverage

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

  • Information
  • Arts, Entertainment & Recreation

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

  • Professional & Technical Services
  • Educational Services
  • Public Administration (excl. National Security)

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector (media, entertainment, broadcasting) and Arts, Entertainment, and Recreation sector, with specific focus on the use of AI-generated digital replicas in commercial contexts. It also has implications for Professional and Technical Services related to AI development and deployment.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state statute (Illinois House Bill 4875) that amends the Right of Publicity Act with mandatory obligations, enforcement mechanisms, and legal liability for violations.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Summary: The document is a state legislative act enacted by the Illinois General Assembly, as indicated in the opening clause.

Target

  • Entity Types: AI_Developer, AI_Deployer, AI_Infrastructure_Provider
  • Summary: The Act regulates any person who uses AI to create or distribute unauthorized digital replicas for commercial purposes, with specific provisions for various types of service providers and infrastructure providers.

Enforcer

  • Entity Types: Affected_Stakeholder
  • Summary: The Act provides for private enforcement through civil litigation by individuals or their representatives, rather than through a government enforcement agency.

Monitor

  • Summary: The document does not establish any specific monitoring body or oversight mechanism. Compliance is enforced through private civil litigation rather than ongoing monitoring.

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 does not focus on specific AI lifecycle stages but rather regulates the output and use of AI-generated digital replicas. It addresses the deployment and use of AI systems that create digital replicas, with emphasis on the commercial distribution and use of such outputs.

Technical Scope

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

  • AI Systems
  • Generative AI

Technical Scope Summary

The document explicitly mentions artificial intelligence and generative artificial intelligence, defining both terms. It focuses on AI systems that create digital replicas of individuals' voices, images, or likenesses. The document does not mention frontier AI, general purpose AI, foundation models, compute thresholds, or open-weight models.

https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=103-0836
https://agora.eto.tech/instrument/1504
Explore in the Document View

Document data from AGORA, CSET Emerging Technology Observatory.