An Act drafted with the help of ChatGPT to regulate generative artificial intelligence models like ChatGPT

Bill No. S.31

The bill proposes the addition of a new chapter, Chapter 93A½, to the General Laws, regulating large-scale generative artificial intelligence models, such as ChatGPT, to safeguard public safety, privacy, and intellectual property rights. It defines terms, including "large-scale generative artificial intelligence model" and "parameter." The operating standards require companies with such models to avoid discrimination, implement anti-plagiarism measures, secure individual data, obtain informed consent, and conduct regular risk assessments. Companies operating these models must register with the Attorney General, providing details about the model, data practices, and contact information. The Attorney General will maintain a public registry, and enforcement includes the adoption of regulations and the ability to take legal action for violations. The effective date is set for the ninetieth day following the bill's passage, with a disclaimer noting that any errors should be attributed to human authors, not the language model used to draft the bill.

An Act relative to cyber incident response

Bill No. S.32

This bill proposes comprehensive amendments to Chapter 7D of the General Laws, introducing two new sections to address cybersecurity incidents and responses at both state and municipal levels. In Section 12, the legislation establishes the Massachusetts Cyber Incident Response Team, tasked with enhancing the state's ability to prepare for, respond to, and recover from significant cybersecurity incidents. The Response Team's composition includes key officials from various state agencies, and its responsibilities range from reviewing cybersecurity threats to developing and submitting an annual cybersecurity incident response plan. The section mandates compliance with protocols and procedures by state agencies, emphasizing collaboration and information exchange among them. It also encourages cooperation with the Massachusetts Cyber Center and calls for security awareness training for state employees. Additionally, Section 13 outlines reporting requirements for covered entities, such as municipalities and operators of critical infrastructure, necessitating prompt notification of cybersecurity incidents to the Commonwealth Fusion Center. The Fusion Center, in collaboration with the Response Team, is empowered to coordinate and assist covered entities in addressing such incidents. The legislation also clarifies that these reporting provisions do not replace existing data breach reporting requirements or federal reporting obligations. The Secretary, in conjunction with other agencies, is granted authority to promulgate regulations for effective implementation. Notably, Section 12 takes effect immediately upon the passage of the act, while Section 13 becomes effective 12 months after passage.

An Act relative to student and educator data privacy

Bill No. S.280

This bill introduces amendments to Chapter 71 of the General Laws, adding sections 34I through 34L to address data security and privacy in K-12 schools. Section 34I defines key terms such as "aggregated data," "covered information," and "operator." Section 34J establishes restrictions on operators, prohibiting targeted advertising based on acquired information, creating profiles, selling or renting covered information, and limiting the disclosure of covered information, with exceptions outlined. The section also mandates operators to implement security measures and promptly return or destroy covered information when no longer needed. Section 34K details contractual requirements between educational entities and operators, emphasizing data ownership, restrictions on commercial use, security safeguards, and procedures for data return or destruction. Section 34L empowers the Board to promulgate regulations on data security, privacy responsibilities, and minimum standards for operators. The Chief Privacy Officer is appointed to oversee policy development, training programs, and enforcement. Districts are required to develop privacy policies, report data breaches, and provide annual training on data confidentiality. Public disclosure of collected information and operator contracts is mandated. Overall, the bill aims to safeguard student data, ensure transparency, and establish accountability in K-12 educational settings.

An Act relative to protecting sensitive information from security breaches

Bill No. S.30

This bill proposes amendments to Chapter 93H of the General Laws, focusing on defining and regulating the use of biometric information, genetic information, health insurance information, and other sensitive personal data. Section 1 introduces a comprehensive definition of "biometric information" and clarifies what it excludes. Section 2 revises the definition of "Breach of security," emphasizing unauthorized acquisition or use of electronic data and specifying exceptions for good faith acquisition by employees or agents. Sections 3 and 4 add definitions for "Genetic information," "Health insurance information," "Medical information," and revise the definition of "Personal information." Section 5 introduces the term "Specific geolocation information" and defines it with certain limitations. Section 6 mandates updating rules and regulations in accordance with changes to definitions. Section 7 enhances the criteria for considering a breach of security harmful. Sections 8 and 9 modify reporting requirements, exempting breaches involving medical information or specific geolocation information. Section 10 details the content and delivery of breach notifications, specifying information to be included in the notice provided to affected residents. Overall, the bill aims to enhance data protection, particularly regarding sensitive personal information, and outlines the procedures for handling and notifying breaches of security.