By: Corinne Smith, Alaska Beacon

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 Alaska House of Representatives on Friday — plus AI companies and social media companies could face state penalties too. 

House members passed House Bill 47 almost unanimously by a 39 to 0 vote, with Rep. Neal Foster, D-Nome, absent. The bill is sponsored by Rep. Sarah Vance, R-Homer, 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 Friday 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,” she said. 

Vance lauded the bill as closing a gap in state criminal law. 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. 

Vance and others pointed to the recent arrest of an Alaska senator’s chief of staff for soliciting minors for CSAM on Snapchat, and the need to increase state penalties. Other lawmakers said the case demonstrates the need for more parental controls on minors’ social media. 

Legislators added on and approved significant parental controls and penalties for tech companies too, through an amendment process on Wednesday. 

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, D-Anchorage, 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. 

“The fundamental question is: Do parental rights supersede the rights of predators?” Fields said on the House floor Wednesday. “And do parental rights supersede the rights of multi-national corporations, which we have heard knowingly target children with addictive, destructive algorithms. We know that.”

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. 

“I don’t care how hard it is. We should not back down from Big Tech when it comes to protecting our children,” Fields said. 

The amendment passed with a 28 to 12 vote, with supporters and opponents spanning party lines.

Rep. Genevieve Mina, D-Anchorage, 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 Wednesday on the House floor.  

“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.” 

Vance, the sponsor of the bill, also opposed the increased parental controls provision citing First Amendment concerns. 

Lawmakers also voted to approve a provision levying civil penalties on any AI organization that facilitates users creating AI-generated CSAM of up to $1 million for each instance. 

Rep. Calvin Schrage, D-Anchorage, sponsored the amendment which was passed unanimously. 

“I think this is something that creates an incentive for these large companies to curtail or at least put some controls and protections around what I think can be a very powerful and useful tool, but is so often used today for really malicious, nefarious and, I would say, disgusting purposes,” Schrage said. 

The bill would also prohibit the distribution of generated sexual depiction of adults without their consent or participation. It would also prohibit distribution of a “forged digital likeness,” known as “deep fakes” often used as misinformation, revenge pornography, scams or blackmail. 

The bill now advances to the Senate.