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Massachusetts: Bill to regulate generative AI models introduced to State Senate

On December 28, 2023, Bill S. 31 for an Act drafted with the help of ChatGPT to regulate generative artificial intelligence models like ChatGPT, which was introduced by Senator Barry R. Finegold to the Massachusetts Senate on February 16, 2023, was accompanied by Bill S.2539 for an Act relative to cybersecurity and artificial intelligence.

What are the specifics of the Bill and its impact on businesses?

In particular, the Bill introduces definitions such as 'large-scale generative AI model' to 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, and 'parameter,' meaning any variable or value used to control the operation or output of a generative artificial intelligence (AI) model.

The Bill would impose the following operating standards for companies operating a large-scale generative AI model:

  • 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;
  • 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;
  • the company shall implement reasonable security measures to protect the data of individuals used to train the model;
  • the company shall obtain informed consent from individuals before collecting, using, or disclosing their data;
  • 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
  • the company shall conduct regular risk assessments to identify, assess, and mitigate reasonably foreseeable risks and cognizable harms related to its products and services, including in the design, development, and implementation of such products and services.

Furthermore, the Bill would mandate companies operating a large-scale generative AI model to register with the Attorney General of Massachusetts (AG) within 90 days of the Bill entering into effect. Moreover, the Bill would empower the AG to adopt regulations in the enforcement of the provisions of the Bill.

Notably, the Bill includes a disclaimer noting that although the text of the Bill was drafted with the help of ChatGPT, any errors or inaccuracies in the Bill should be attributed to the human authors.

You can download the Bill here and track its progress here.