AI regulations aim to end racism in the workplace; crack down on child porn

[August 14, 2024]  By Catrina Petersen | The Center Square contributor

(The Center Square) – Gov. J.B.Pritzker signed into law several artificial intelligence regulations.

Some laws had bipartisan support, others were criticized by legislators.

Republicans joined Democrats in passing House Bill 4875, which aims to protect artists’ ability to control their voice, image and likeness while still providing necessary exemptions to allow for artistic creation.

State Rep. Dan Ugaste, R-Geneva, questioned the bill’s sponsor, state Rep. Jennifer Gong-Gershowitz, D-Glenview, on the House floor.

"Under this legislation, a digital replica includes any imitation that a reasonable person would believe mimics a particular individual’s voice image or likeness. Does this mean Kendrick Lamar could be sued for putting a digitally created version imitating Drake on his song as the two go back and forth talking trash?” asked Ugaste.

The feud between recording artists Kendrick Lamar and Drake goes back decades, but this recent flare-up included “diss tracks” that featured AI-generated vocals. On the floor, Gong-Gershowitz explained using AI, without the individual’s authorization, to recreate someone’s image, voice or likeness is not allowed under her bill unless it meets one of the numerous exemptions.

"Including parody, satire and criticism. This bill protects artists from having their name, image, likeness and voice misused by AI, while still providing sufficient exemptions to ensure that appropriate creative use is not stifled,” said Gong-Gershowitz.

After several amendments, the House concurred in May and passed HB4875 with zero lawmakers voting against the measure.

HB4875 wasn’t the only bill the governor signed Friday impacting AI. Lawmakers, transcending party lines, passed a bill that was recently signed into law by the governor. House Bill 4623 clarifies that Illinois’ child pornography laws apply to images and videos created by AI.

Gong-Gershowitz sponsored HB4623 in the House.

"While no real child may be harmed with AI-generated content, the harm is that it normalizes abusive behavior namely when it purports to depict the sexual abuse of a child,” said Gong-Gershowitz. “The mass creation of AI-generated child pornography material will only make it more difficult for law enforcement to stop child trafficking.”

Another bill regulating AI, which didn't have as much Republican-support, was House Bill 3773. The bill’s aim is to protect employees from discrimination from the use of artificial intelligence in the workplace.

State Rep. Chris Miller, R-Oakland, voted “no,” saying there are already discrimination laws and that this law is another nail in the Illinois businesses’ coffin.

"In the General Assembly they pass ‘feel good bills,’ so they [politicians] can go back to their constituents and claim they’re fighting for them. Employers want to hire the best people for the job and they don’t care what color they are,” said Miller.

Fifteen Republicans voted against HB3773.

“I’m not sure why any of these people would think they have any authority to tell a private business who to hire and who not to hire. They [employers] are looking at performance driven and result driven data in order to hire people,” said Miller. “This creates more hoops for businesses to drop through.”

Opponents argue HB3773 will prohibit employers from using AI when sorting through job applications.

Another AI law signed by Pritzker was House Bill 4762 which creates protections for performers and other individuals from wrongful use of AI voice or melody replicas. That’s effective immediately.

There were no lawmakers who voted against HB4762.

“This bill ensures that you don’t unknowingly sign away your right to control your identity,” said Gong-Gershowitz, who sponsored the measure.