Anyone that possesses, creates or shares child sexual abuse material created with artificial intelligence in Alaska would face new state felony charges under legislation advanced by the state House of Representatives on Feb. 27 — plus AI companies and social media companies could face state penalties too.
House members passed House Bill 47 on a 39 to 0 vote. The bill is sponsored by Rep. Sarah Vance, a Homer Republican, and would enact new state felony charges for creating AI-generated images or videos that visually depicts sexually explicit or obscene content involving anyone under the age of 18.
Previously known as child pornography, it’s now referred to as child sexual abuse material or CSAM.
“A decade ago, we couldn’t even imagine what it is that the vulnerable and our children are facing, and tools that are being used to exploit them,” Vance said on the House floor ahead of the vote. “But here we are in a fast-paced technological environment, and our prosecutors are left with very few tools.”
Currently there are no state laws directly addressing AI-generated CSAM, though there are statutes that prohibit the viewing, possession and distribution of child sexual abuse materials. Vance emphasized that the bill would update Alaska law to penalize AI-generated CSAM, and noted it would apply regardless of whether images depict a victim or AI-generated material.
“Currently in statute, you have to prove the harm of an actual child. And what this bill does is says that anything that is generated obscene material of minors will be criminalized to the same level as if it were a real child,” Vance said.
The bill now advances to the Senate.
House members amended the bill to include significant parental controls and penalties for tech companies too.
Under the revised bill, social media companies will require age verification and parental or guardian consent for minors to create or maintain social media accounts. Parents would have full access to minors’ social media, including all minors’ messages and interactions on the platform. The bill enacts a social media curfew for minors from 10:30 p.m. to 6:30 a.m., unless modified by a parent.
Rep. Zack Fields, an Anchorage Democrat, sponsored the amendments and said with increased parental control measures, parents and guardians will be able to intervene on potentially predatory behavior or victimization of children.
Targeted advertising to minors on social media would also be prohibited, as would content targeting minors, addictive design or features that “encourages or rewards a minor user’s excessive or compulsive use of the platform or that exploits the psychological vulnerabilities of a minor user,” according to the bill.
Families or the state would be able to bring civil legal action against social media companies for harm due to such violations under the bill, and companies could face a penalty of up to $10,000 for each violation.
The amendment passed with a 28 to 12 vote, with supporters and opponents spanning party lines.
Rep. Genevieve Mina, an Anchorage Democrat, the youngest member of the House, opposed the provision.
“I absolutely agree that social media can be harmful for youth, especially given the vast environment, where there are a lot of different strangers and people on the internet. I also know I’m probably one of the only people in the body who very much grew up online,” she said.
“I’ve wrestled back and forth with these types of policies, especially as it relates to age verification or requiring consent from a minor,” she said, and added that she shared concerns about First Amendment and privacy rights. “But I just don’t believe that age verification through government regulation is the right way.”
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