RCW ch. 19.435 — Revised Code of Washington Chapter 19.435 RCW — Artificial Intelligence—Disclosures

RCW 19.435.010 Definitions. (Effective February 1, 2027.) The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Artificial intelligence" means the use of machine learning and related technologies that use data to train statistical models for the purpose of enabling computer systems to perform tasks normally associated with human intelligence or perception, such as computer vision, speech or natural language processing, and content generation. (2) "Covered provider" means a person or entity that creates, codes, or otherwise produces a generative artificial intelligence system that has over 1,000,000 monthly users and is publicly accessible within the geographic boundaries of the state to consumers for personal use. "Covered provider" does not include state, local, and tribal governments. (3) "Generative artificial intelligence" means technology that uses machine learning, including deep learning models, natural language processing, or other computational processing techniques of similar or greater complexity, to generate images, audio, or video. (4) "Provenance data" means data that is embedded into digital content or that is included in the digital content's metadata for the purpose of verifying the digital content's authenticity, origin, or history of modification. [ 2026 c 167 s 1.] NOTES: Effective date— RCW 19.435.020 Covered providers—Provenance data requirement. (Effective February 1, 2027.) (1) To the extent commercially and technically reasonable, a covered provider shall include provenance data in any video, image, or audio content, or content that is any combination thereof, created or materially altered by the covered provider's generative artificial intelligence system and that is subject to the terms of this chapter. The provenance data must allow a user to assess whether image, video, or audio content, or content that is any combination thereof, was created or materially altered by the covered provider's generative artificial intelligence system. (2) A covered provider must use commercially and technically reasonable methods to make the provenance data difficult to remove or tamper with. The use of a commonly supported technical standard for watermarking or metadata, such as the coalition for content provenance and authenticity specification, for provenance data is considered compliant with this subsection. (3) A covered provider may not be required under this section to include any information relating to an identified or reasonably identifiable individual in provenance data included in content created or content materially altered by the covered provider's generative artificial intelligence system. (4) For the purposes of this section, "materially altered" means a significant change that substantially alters the data in content. "Materially altered" does not include minor modifications that do not lead to significant changes to the perceived content or meaning of the content. Minor modifications include: Changes to brightness, contrast, or color; sharpening; saturating; applying filters; resizing; scaling; cropping; format conversions; resampling; denoising; and removal of background noise in audio. [ 2026 c 167 s 2.] NOTES: Effective date— RCW 19.435.030 Waiver of chapter provisions—Application of consumer protection act. (Effective February 1, 2027.) (1) Any waiver of the provisions of this chapter is contrary to public policy and is void and unenforceable. (2) The attorney general may bring an action in the name of the state, or as parens patriae on behalf of persons residing in the state, to enforce this chapter. For actions brought by the attorney general to enforce this chapter, the legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. For actions brought by the attorney general to enforce this chapter, a violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for purposes of applying the consumer protection act, chapter 19.86 RCW. (3) Only the attorney general can bring an action under the consumer protection act, chapter 19.86 RCW, pursuant to this section. [ 2026 c 167 s 4.] NOTES: Effective date— RCW 19.435.900 Construction. (Effective February 1, 2027.) (1) Nothing in this chapter may be construed to require the disclosure of a trade secret or confidential or proprietary information about the design or use of an artificial intelligence system. (2) Nothing in this chapter may be construed to apply to any business-to-business uses, sales, licensing, or distribution of generative artificial intelligence systems. [ 2026 c 167 s 3.] NOTES: Effective date— RCW 19.435.901 Application. (Effective February 1, 2027.) (1) This chapter does not apply to any product, service, internet website, or application that provides exclusively video game or interactive experiences including, but not limited to, the sale of goods or services directly to consumers through the internet, allowing customers to browse, select, and purchase items virtually. (2) This chapter does not apply to systems used solely for upscaling, noise reduction, or compression. [ 2026 c 167 s 5.] NOTES: Effective date—