Washington – The Computer & Communications Industry Association will testify today before the Hawaii Senate Labor and Technology Committee in opposition to HB 2137, legislation addressing the use of artificial intelligence and synthetic media.
CCIA supports efforts to address harmful uses of AI-generated content and acknowledges the importance of protecting individuals from fraud, identity misuse, and reputational harm. However, the association warns that HB 2137, as currently drafted, could create unintended consequences for lawful expression and digital innovation.
The association will raise concerns that the bill’s:
- Broad and ambiguous definitions of “digital imitation” and “realistic” content could capture a wide range of legitimate online activity.
- Unclear standards related to concepts such as “commercial transaction,” “legally cognizable harm,” and advertising may create significant compliance uncertainty for businesses and online services.
- Potential liability framework for online intermediaries creates confusion. The association will emphasize that service providers should only face liability for third-party content when they have actual knowledge of a specific violation and are provided with sufficient notice. Without such guardrails, the measure could encourage excessive monitoring or removal of lawful content, chilling free expression and limiting access to useful digital tools.
- Private right of action and significant statutory damages could lead to costly and time-consuming litigation, particularly affecting smaller businesses and startups operating in Hawaii.
The following statement can be attributed to Aodhan Downey, State Policy Manager, West Region at CCIA, who will testify before the committee:
“Policymakers are right to be concerned about the potential misuse of AI-generated content. At the same time, legislation should be tailored to hold bad actors accountable without undermining lawful speech or placing unreasonable burdens on technology services. HB 2137 would benefit from clearer definitions and a targeted liability framework that focuses enforcement on those who intentionally misuse a person’s likeness. We look forward to continuing to work with lawmakers to refine the bill and support balanced, workable protections.”
