SENATE DOCKET, NO. 1827        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 31

The Commonwealth of Massachusetts

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PRESENTED BY:

Barry R. Finegold

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act drafted with the help of ChatGPT to regulate generative artificial intelligence models like ChatGPT.

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PETITION OF:

SENATE DOCKET, NO. 1827        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 31

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act drafted with the help of ChatGPT to regulate generative artificial intelligence models like ChatGPT.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. The General Laws are hereby amended by inserting after chapter 93A the following chapter:-

CHAPTER 93A½. Generative Artificial Intelligence Models

Section 1. Purpose

The purpose of this chapter is to regulate generative artificial intelligence models, such as ChatGPT, in order to protect the public’s safety, privacy and intellectual property rights.

Section 2. Definitions

For the purposes of this chapter, the following words shall have the following meanings, unless the context clearly requires otherwise:

(a) A “large-scale generative artificial intelligence model” shall mean a machine learning model with a capacity of at least one billion parameters that generates text or other forms of output, such as ChatGPT.

(b) “Parameter” shall mean any variable or value used to control the operation or output of a generative artificial intelligence model.

Section 3. Operating Standards

Any company operating a large-scale generative artificial intelligence model shall adhere to the following operating standards:

(1) the model shall not be used to engage in discrimination or bias against any individual or group based on protected characteristics, as defined by state or federal law;

(2) in order to prevent plagiarism, the model shall be programmed to generate all text with a distinctive watermark or offer an authentication process that allows a user to determine whether a particular output was generated by the model;

(3) the company shall implement reasonable security measures to protect the data of individuals used to train the model;

(4) the company shall obtain informed consent from individuals before collecting, using or disclosing their data;

(5) the company shall delete or de-identify any data collected from individuals if it is no longer needed for the intended purpose of the model; and 

(6) the company shall conduct regular risk assessments to identify, assess and mitigate reasonably foreseeable risks and cognizable harms related to their products and services, including in the design, development and implementation of such products and services.

Section 4. Registration with the Attorney General

(a) Any company operating a large-scale generative artificial intelligence model shall register with the attorney general within 90 days of the effective date of this act.

(b) The registration shall include the following information:

(1) the name and contact information of the company;

(2) a description of the large-scale generative artificial intelligence model, including its capacity, training data, intended use, design process and methodologies; and

(3) information on the company's data collection, storage and security practices.

(c) The attorney general shall maintain a public registry of all companies registered under this act.

Section 5. Enforcement

(a) The attorney general shall adopt regulations for the purposes of carrying out this chapter.

(b) To remedy violations of this chapter and for other relief that may be appropriate, the attorney general may bring an action pursuant to section 4 of chapter 93A against a person.

SECTION 2. Effective Date

Chapter 93A½. of the General Laws shall take effect on the ninetieth day following the passage of this act.

SECTION 3. Disclaimer

This act has been drafted with the help of ChatGPT and any errors or inaccuracies in the bill should not be attributed to the language model but rather to its human authors.