SB3263 104TH GENERAL ASSEMBLY

LRB104 19799 SPS 33249 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3263

Introduced 2/3/2026, by Sen. Mary Edly-Allen

SYNOPSIS AS INTRODUCED:

New Act

Creates the Artificial Intelligence Provenance Data Act. Provides that a covered artificial intelligence tool provider shall make available, at no cost to a person, a provenance label reading tool. Provides that a covered artificial intelligence tool provider shall include a provenance label in any image, video, or audio content instance created by its artificial intelligence. Sets forth requirements for large online platforms, capture device manufacturers, and third-party licensees and hosting platforms concerning provenance labels. Sets forth provisions concerning civil penalties. Effective January 1, 2027.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Artificial Intelligence Provenance Data Act.

Section 5. Definitions. As used in this Act:

"Artificial intelligence" has the meaning set forth in Section 2-101 of the Illinois Human Rights Act.

"Capture device" means any device that can record photographic, audio, or video content, including, but not limited to, video and still photography cameras, mobile phones with built-in cameras or microphones, and voice recorders.

"Capture device manufacturer" means a person who produces a capture device for sale in this State. "Capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device from components produced by others.

"Covered artificial intelligence tool provider" means a person or entity that creates, codes, or otherwise produces artificial intelligence that: (i) has over 1,000,000 monthly visitors world-wide or users on average over the preceding 12-month period; (ii) is publicly accessible in this State; and (iii) generates, manipulates, or otherwise edits audio, video, or image content.

"Large online platform" means a public-facing social media platform, content sharing platform, messaging platform, advertising network, stand-alone search engine, or web browser that distributes content to users who did not create or collaborate in creating the content and that exceeded 2,000,000 unique monthly users during the preceding 12 months.

"Person" means a natural person, corporation, partnership, sole proprietorship, or other legal entity.

"Personal provenance data" means provenance data that contains either personal information or unique device, system, or service information that is reasonably capable of being associated with a particular user.

"Provenance label" means a disclosure that is embedded in image, video, or audio content in a manner that is machine-readable.

"Provenance label reading tool" means a software program, application, or other mechanism that reads a provenance label and allows a person to determine whether an image, video, or audio content was created or altered by a specific artificial intelligence provided by a covered artificial intelligence tool provider.

"System provenance data" means provenance data that is not reasonably capable of being associated with a particular user and that contains information regarding the type of device, system, or service used to generate digital content or information related to content authenticity.

Section 10. Requirements for covered artificial intelligence tool providers.

(a) A covered artificial intelligence tool provider shall make available, at no cost to a person, a provenance label reading tool. The provenance label reading tool shall be made publicly accessible through a conspicuous link on the covered artificial intelligence tool provider's website and any corresponding mobile application. The provenance label reading tool shall allow a person to:

(1) upload an image, video, text, or audio content; or

(2) provide a uniform resource locator that links to an image, video, text, or audio content.

(b) The provenance label reading tool shall support access by an application programming interface that allows a person to programmatically submit content for assessment without accessing the covered artificial intelligence tool provider's website.

(c) The provenance label reading tool shall provide a mechanism for a person to submit feedback regarding the tool's efficacy. A covered artificial intelligence tool provider shall consider and use this feedback to improve the provenance label reading tool.

(d) A covered artificial intelligence tool provider shall not collect or retain any personal information from a person who uses the provenance label reading tool, except that it may retain contact information voluntarily provided by a person who submits feedback in accordance with subsection (c). The provenance label reading tool shall not output any personal provenance data detected in the content.

(e) A covered artificial intelligence tool provider shall not retain any content submitted to the provenance label reading tool for longer than is necessary to comply with this Act.

(f) A covered artificial intelligence tool provider shall include a provenance label in any image, video, or audio content instance created by its artificial intelligence. A provenance label required under this subsection shall:

(1) be readable by the provenance label reading tool required by this Section;

(2) be, to the extent technically feasible, permanent or extraordinarily difficult to remove;

(3) convey, to the extent technically feasible, either directly or through a link to a permanent website, the following system provenance data:

(A) the name of the covered artificial intelligence tool provider;

(B) the name and version number of the artificial intelligence that created or altered the content;

(C) the time and date of the content's creation or alteration; and

(D) a unique identifier of the content.

Section 15. Requirements for large online platforms.

(a) A large online platform shall:

(1) to the extent technically feasible, detect whether any provenance label that is compliant with widely adopted specifications adopted by an established standards-setting body is embedded in or attached to content distributed on the large online platform;

(2) provide a mechanism to disclose any machine-readable provenance label detected in content distributed on the large online platform, which shall, in a clear and conspicuous manner, indicate to a user that provenance data is available; and

(3) allow a user to inspect all available system provenance data in an easily accessible manner, either directly through the platform's user interface or by providing a means for the user to download the content with its attached system provenance data.

(b) A large online platform shall not:

(1) to the extent technically feasible, knowingly strip any provenance label or system provenance data that is compliant with widely adopted specifications adopted by an established standards-setting body from content uploaded to or distributed on the large online platform; or

(2) retain any personal provenance data from content shared on the large online platform.

Section 20. Requirements for capture device manufacturers. With respect to any capture device that a capture device manufacturer first produces for sale in this State on or after the effective date of this Act, the capture device manufacturer, to the extent technically feasible and compliant with widely adopted specifications adopted by an established standards-setting body, shall:

(1) provide a user with the option to include a provenance label in content captured by the capture device that conveys the following system provenance data:

(A) the name of the capture device manufacturer;

(B) the name and version number of the capture device that created the content; and

(C) the time and date of the content's creation;

(2) embed the provenance label described in paragraph (1) in content captured by the device by default;

(3) clearly inform a user of the existence of settings relating to the provenance label upon the user's first use of a recording function on the capture device;

(4) provide in the capture device's settings a clear and accessible mechanism for a user to opt out of the inclusion of a provenance label in the user's captured content; and

(5) ensure the capabilities required by this Section are available for the capture device's default capture application and are made available to third-party applications that use the device's capture functionalities.

Section 25. Third-party licensees and hosting platforms.

(a) If a covered artificial intelligence tool provider licenses its artificial intelligence to a third party, the covered artificial intelligence tool provider shall require by contract that the licensee maintain the system's capability to include a provenance label as required by subsection (f) of Section 10.

(b) If a covered artificial intelligence tool provider has actual knowledge that a third-party licensee has modified an artificial intelligence to remove its capability to include a provenance label, the covered artificial intelligence tool provider shall revoke the third party's license to use the artificial intelligence within 96 hours after obtaining the knowledge.

(c) A third-party licensee whose license to use artificial intelligence is revoked under this Section shall not use the artificial intelligence after the revocation.

(d) The operator of a website or application that makes available for download the source code or model weights of artificial intelligence shall not knowingly make available artificial intelligence that does not place disclosures into content as required by subsection (f) of Section 10.

Section 30. Enforcement.

(a) A covered artificial intelligence tool provider, large online platform, or capture device manufacturer that violates this Act is liable for a civil penalty in an amount not to exceed $5,000 per violation.

(b) A third-party licensee that violates subsection (c) of Section 25 may be subject to a civil action for injunctive relief.

(c) The Attorney General may bring a civil action to enforce this Act and to collect civil penalties or seek injunctive relief. In any such action, the prevailing party may be awarded reasonable attorney's fees and costs.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect January 1, 2027.