FRANKFORT, Ky. — New technologies such as AI and tracking devices have raised concerns among some Kentucky lawmakers. It's why they’ve filed House Bill 45 to ensure people’s privacy aren't violated by them.
“Before it gets entrenched, before it requires lawsuits to get rid of, let's get ahead and be proactive and protect people's privacy,” State Rep. John Hodgson, R-Fisherville, said.
Hodgson is the bill’s primary sponsor. His bill is also backed by State Rep. Daniel Grossberg, D-Louisville.
“The more technology advances, the more we have to be cautious that technology does not overstep bounds,” Grossberg said.
HB 45 deals with license plate reading devices used by law enforcement, known commonly as FLOCK cameras. The bill establishes a limit for how long that information is kept and prevents it from being sold.
“This simply reduces the retention period on the data from those cameras to 30 days by statute, and it says that you can't sell that other than to law enforcement,” Hodgson said.
Kentucky agencies currently don’t have a limit on how long that information is held. Hodgson's proposal follows a time frame recommended by FLOCK, he said.
The bill also addresses tracking devices such as Apple AirTags. It would make placing one on someone’s belongings a crime.
“Last year, we made it illegal to put something like that on a car without consent, and now we've extended that to your person, your effects, your clothing,” Hodgson said.
“Now, something as small as an AirTag, which is about the size of a nickel, can be dropped in someone's pocket, in their backpack or their briefcase, and in Kentucky right now, you could legally track them without their permission, which to me is highly, highly invasive,” Grossberg added.
HB 45 also would make disseminating an AI-generated deep fake of someone’s likeness maliciously a felony, something both lawmakers said they believe could be used by bad actors in the oncoming election cycle. The bill’s language does allow for deep fakes to be published, so long as they are labeled as satire or parody.
On the topic of drones, the bill specifies they cannot be used “with the intent to conduct surveillance on the individual or property captured in the image in violation of the person’s reasonable expectation of privacy without his or her written consent.”
Lastly, it addressed the use of implanted Radio Frequency Identification (RFID) devices.
“We're saying the government and corporations cannot coerce you in any way to take that injection,” Hodgson said. “Good old-fashioned plastic ID media is fine for most people. If somebody wants the implant, that's great, but we're not going to let people have their bodily sovereignty violated by injecting that into them.”
Grossberg said he credits Hodgson for combining these issues into one bill and is hopeful to see it passed.