State Senate: Democratic majority
State House: Democratic majority
Governor: Ned Lamont (D)
Attorney General: William Tong (D)
Summary:
Much like its Democratic counterparts, the Connecticut legislature is considering legislation to limits the use of generative AI and ‘deepfakes’, particularly in election communications, combat online harassment, and require age-verification for minors to use social media.
Following many of his Democratic colleagues, in October 2021, Democrat Attorney General William Tong led a pro-censorship coalition of 14 attorneys general pushing Facebook to disclose whether members of the so-called “Disinformation Dozen” were granted “XCheck” protections to evade enforcement and “spread COVID-19 falsehoods and anti-vaccine misinformation in violation of Facebook rules.”
However, a very strong anti-censorship bill, HB 6385, was introduced in 2023, requiring that no state employee or state elected official shall contact an entity operating a social media platform to lodge a complaint against an individual or group regarding content posted by such individual or group on a social media platform. It was introduced by Rep. Tom O’Dea [R] but died in committee.
Key Policymakers:
- Sen. Tony Hwang [R]
- Rep. Tom O’Dea [R]
- Attorney General William Tong [D]
Legislative Activity:
HB 5450: Makes it a crime for a person to distribute a communication with deceptive synthetic media. Specifically, the bill prohibits this if it takes place within 90 days before an election or primary and the person knows, or should reasonably know, it is deceptive synthetic media; it is distributed without the depicted individual’s consent; and it is intended to injure a candidate or influence the election or primary results. However, the bill exempts certain deceptive synthetic media that is distributed if it has a disclaimer as required by the bill. Further, news organizations and other similar entities may be exempt from criminal and civil liability if the distribution is part of bona fide news coverage on the deceptive communication. Introduced in April 2024 by Sen. Tony Hwang [R], Rep. Hector Arzeno [D], and Rep. Geraldo Reyes [D], the bill is currently in committee.
HB 5421: Makes it a crime, under certain conditions, to intentionally disseminate an intimate image that closely resembles a living, identifiable person’s likeness if the image was digitally altered or created through artificial intelligence (AI). The bill does so by specifying that the dissemination of these images is included within the existing crime of unlawful dissemination of an intimate image. Introduced in March 2024 by Rep. Craig Fishbein [R], Rep. Holly Cheeseman [R], Rep. Christie Carpino [R], and Rep. Devin Carney [R], the bill has not progressed.
SB 2: A bill to establish requirements concerning the development, deployment and use of certain artificial intelligence systems; (2) establish an Artificial Intelligence Advisory Council; (3) prohibit dissemination of certain synthetic images; (4) prohibit distribution of, and agreements to distribute, certain deceptive media concerning elections; (5) require state agencies to study potential uses of generative artificial intelligence and propose pilot projects; (6) require the Commissioner of Administrative Services to provide training concerning generative artificial intelligence; (7) require the Chief Workforce Officer to (A) incorporate artificial intelligence training into workforce training programs, and (B) design a broadband outreach program; (8) require the Board of Regents for Higher Education to establish (A) a “Connecticut Citizens AI Academy”, and (B) certificate programs in fields related to artificial intelligence; and (9) require the Department of Economic and Community Development to (A) develop a plan to offer high-performance computing services, (B) establish a confidential computing cluster, and (C) conduct a “CT AI Symposium”. Introduced by the House General Law Committee Committee in February 2024, the bill passed the Senate in April, almost entirely along partisan lines.
SB 405: A bill to impose additional transparency requirements on digital and social media platforms, provide additional privacy protections to persons who use such platforms and ensure accuracy in journalism, and provide for verification of journalists and journalism, on such platforms. Introduced by Sen. Tony Hwang [R] in January 2023 but died in committee.
SB 395: A bill to require an Internet operator to obtain parental consent before allowing a child under sixteen years of age to open a social media account with the operator. Introduced by Sen. Saud Anwar [D] in January 2023 but died in committee.
HB 6385: A bill requiring that no state employee or state elected official shall contact an entity operating a social media platform to lodge a complaint against an individual or group regarding content posted by such individual or group on a social media platform unless the state agency of such employee or official has (1) provided such individual or group with a public hearing prior to contacting any such entity, and (2) given at least forty-eight hours’ notice of such hearing, unless there is an emergency situation that the state agency determines requires such public hearing to occur within forty-eight hours of such complaint. Any individual or group that has been blocked or otherwise restricted from communicating on a social media platform based upon the complaint of a state employee or state elected official may appeal such restriction to the Superior Court. The court may enjoin the entity operating a social media platform from blocking or otherwise restricting such individual or group if it finds such individual’s or group’s right to free speech has been infringed. Introduced in January 2023 by the House Government Administration and Elections Committee and Rep. Tom O’Dea [R] but died in committee.
SB 989 (2021) (Signed into Law): A bill to combat online harassment, including that motivated by hate, by (1) extending the crime of stalking in the first degree to specifically include certain hate-based motivations, (2) extending the crime of second-degree stalking to include certain electronic disclosures of personal identifiable information without consent and establishing a civil action for victims of such crime, and (3) extending the crime of second-degree harassment to include more electronic forms of communication. Introduced by the House Judiciary Committee in March 2021, the bill passed both chambers unanimously and was signed into law on June 6, 2021.
SB 397: A bill to require each social media provider to: (1) Enforce minimum age requirements for persons using such provider’s social media platform; (2) develop content filters for younger users to curb cyberbullying on such provider’s social media platform; and (3) agree to any choice of law provision contained in a user agreement that would subject such provider to liability in this state for damages incurred by a person in this state due to cyberbullying on such provider’s social media platform. Introduced in January 2023 by Sen. Tony Hwang [R] but died in committee.
SB 327 (Signed into Law): A bill to establish a task force to study the effects and social impact of hate speech and bullying on children. Introduced by the House Committee on Children in February 2024, passed both chambers unanimously, and was signed into law on May 30, 2024.
Legal Actions:
AG Tong Leads Multi-State Letter to Social Media Companies to Stop Spread of Vaccine “Disinformation.” In October 2021, Attorney General William Tong led eleven other attorneys general in March 2021 calling on both Facebook and Twitter to take stronger measures to stop the spread of anti-vaccine COVID-19 disinformation on their social media platforms. Attorneys general from California, Delaware, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Maryland, Pennsylvania, Rhode Island, Vermont, and Virginia joined the coalition led by Attorney General Tong.
