WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
As used in this chapter, unless the context requires a different meaning:
"Artificial intelligenceArtificial intelligence"Artificial intelligence" means a set of technologies that enables machines to perform tasks under varying and unpredictable circumstances that typically require human oversight or intelligence, or that can learn from experience and improve performance when exposed to data sets.Va. Code § 59.1-607" means a set of technologies that enables machines to perform tasks under varying and unpredictable circumstances that typically require human oversight or intelligence, or that can learn from experience and improve performance when exposed to data sets.
"Artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 59.1-607" means any machine-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.
"ControllerController"Controller" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607" means the same as that term is defined in § 59.1-575.
"DeveloperDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.
"Digital contentDigital content"Digital content" means any content in digital form, including any audio, image, text, or video content.Va. Code § 59.1-607" means any content in digital form, including any audio, image, text, or video content.
"Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence based on a foundation model that is capable of and used to produce synthetic digital content, including audio, images, text, and videos.Va. Code § 59.1-607" means artificial intelligenceArtificial intelligence"Artificial intelligence" means a set of technologies that enables machines to perform tasks under varying and unpredictable circumstances that typically require human oversight or intelligence, or that can learn from experience and improve performance when exposed to data sets.Va. Code § 59.1-607 based on a foundation model that is capable of and used to produce synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607, including audio, images, text, and videos.
"Generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607" means any artificial intelligence systemArtificial intelligence system"Artificial intelligence system" means any machine-based system that, for any explicit or implicit objective, infers from the inputs such system receives how to generate outputs, including content, decisions, predictions, and recommendations, that can influence physical or virtual environments.Va. Code § 59.1-607 or service that incorporates generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means artificial intelligence based on a foundation model that is capable of and used to produce synthetic digital content, including audio, images, text, and videos.Va. Code § 59.1-607.
"Machine learningMachine learning"Machine learning" means the development of algorithms to build data-derived statistical models that are capable of drawing inferences from previously unseen data without explicit human instruction.Va. Code § 59.1-607" means the development of algorithms to build data-derived statistical models that are capable of drawing inferences from previously unseen data without explicit human instruction.
"Online service, product, or featureOnline service, product, or feature"Online service, product, or feature" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607" means the same as that term is defined in § 59.1-575.
"Provenance application toolProvenance application tool"Provenance application tool" means an online service, product, or feature that enables a user to apply provenance data, either directly or through the use of third-party technologies, to synthetic digital content.Va. Code § 59.1-607" means an online service, product, or featureOnline service, product, or feature"Online service, product, or feature" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607 that enables a userUser"User" means a person who uses an online service, product, or feature, including a generative artificial intelligence system or service.Va. Code § 59.1-607 to apply provenance dataProvenance data"Provenance data" means information, such as the origin of a piece of digital content and the history of modifications to the digital content, that is in a format which is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body, and which includes (i) whether some or all of the digital content is synthetic digital content and (ii) when there is synthetic digital content, the name of the developer whose generative artificial intelligence system or service generated the synthetic digital content.Va. Code § 59.1-607, either directly or through the use of third-party technologies, to synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607.
"Provenance dataProvenance data"Provenance data" means information, such as the origin of a piece of digital content and the history of modifications to the digital content, that is in a format which is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body, and which includes (i) whether some or all of the digital content is synthetic digital content and (ii) when there is synthetic digital content, the name of the developer whose generative artificial intelligence system or service generated the synthetic digital content.Va. Code § 59.1-607" means information, such as the origin of a piece of digital contentDigital content"Digital content" means any content in digital form, including any audio, image, text, or video content.Va. Code § 59.1-607 and the history of modifications to the digital contentDigital content"Digital content" means any content in digital form, including any audio, image, text, or video content.Va. Code § 59.1-607, that is in a format which is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body, and which includes (i) whether some or all of the digital contentDigital content"Digital content" means any content in digital form, including any audio, image, text, or video content.Va. Code § 59.1-607 is synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607 and (ii) when there is synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607, the name of the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607 whose generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 generated the synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607.
"Provenance readerProvenance reader"Provenance reader" means an online service, product, or feature that enables a user to view the provenance data, if any, of synthetic digital content.Va. Code § 59.1-607" means an online service, product, or featureOnline service, product, or feature"Online service, product, or feature" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607 that enables a userUser"User" means a person who uses an online service, product, or feature, including a generative artificial intelligence system or service.Va. Code § 59.1-607 to view the provenance dataProvenance data"Provenance data" means information, such as the origin of a piece of digital content and the history of modifications to the digital content, that is in a format which is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body, and which includes (i) whether some or all of the digital content is synthetic digital content and (ii) when there is synthetic digital content, the name of the developer whose generative artificial intelligence system or service generated the synthetic digital content.Va. Code § 59.1-607, if any, of synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607.
"Significant updateSignificant update"Significant update" means any new version, new release, or other update to a generative artificial intelligence system or service that results in significant changes to such system's or service's use case or key functionality.Va. Code § 59.1-607" means any new version, new release, or other update to a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 that results in significant changes to such system's or service's use case or key functionality.
"Synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607" means any digital contentDigital content"Digital content" means any content in digital form, including any audio, image, text, or video content.Va. Code § 59.1-607, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607.
"UserUser"User" means a person who uses an online service, product, or feature, including a generative artificial intelligence system or service.Va. Code § 59.1-607" means a person who uses an online service, product, or featureOnline service, product, or feature"Online service, product, or feature" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607, including a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607.
This section establishes the defined terms for the Digital Content Authenticity and Transparency Act. Key definitions include Developer (any person doing business in Virginia that develops or significantly updates a generative AI system or service provided to Virginia consumers), Controller (cross-referencing the Virginia Consumer Data Protection Act definition at § 59.1-575), Provenance data (standards-compliant information about digital content origin and modification history, including whether content is synthetic and which developer's system generated it), and Synthetic digital content (audio, image, video, or to the extent practicable text, produced or manipulated by a generative AI system). The provenance data definition notably requires compliance with widely adopted standards from an established standard-setting body, effectively mandating interoperability.
(A) 1 A developer of a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 shall apply provenance dataProvenance data"Provenance data" means information, such as the origin of a piece of digital content and the history of modifications to the digital content, that is in a format which is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body, and which includes (i) whether some or all of the digital content is synthetic digital content and (ii) when there is synthetic digital content, the name of the developer whose generative artificial intelligence system or service generated the synthetic digital content.Va. Code § 59.1-607, either directly or through the use of third-party technologies, to synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607 that is wholly generated by such developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607's generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607.
(B)(1)–(2) 2 A developer of a generative artificial intelligence system or serviceGenerative artificial intelligence system or service"Generative artificial intelligence system or service" means any artificial intelligence system or service that incorporates generative artificial intelligence.Va. Code § 59.1-607 shall make available to the public: 1. A provenance application toolProvenance application tool"Provenance application tool" means an online service, product, or feature that enables a user to apply provenance data, either directly or through the use of third-party technologies, to synthetic digital content.Va. Code § 59.1-607 that enables the userUser"User" means a person who uses an online service, product, or feature, including a generative artificial intelligence system or service.Va. Code § 59.1-607 to apply provenance dataProvenance data"Provenance data" means information, such as the origin of a piece of digital content and the history of modifications to the digital content, that is in a format which is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body, and which includes (i) whether some or all of the digital content is synthetic digital content and (ii) when there is synthetic digital content, the name of the developer whose generative artificial intelligence system or service generated the synthetic digital content.Va. Code § 59.1-607, either directly or through the use of third-party technology, to content that has been modified to include synthetic digital contentSynthetic digital content"Synthetic digital content" means any digital content, including any audio, image, video, or to the extent practicable, text, that is produced or manipulated by a generative artificial intelligence system or service.Va. Code § 59.1-607; and 2. A provenance readerProvenance reader"Provenance reader" means an online service, product, or feature that enables a user to view the provenance data, if any, of synthetic digital content.Va. Code § 59.1-607.
This section imposes two core obligations on developers of generative AI systems or services. First, developers must embed provenance data — directly or through third-party technologies — in all synthetic digital content that is wholly generated by their system. This is an embedded machine-readable provenance requirement, not merely a visible label. Second, developers must make publicly available both a provenance application tool (allowing users to apply provenance data to content that has been modified to include synthetic content) and a provenance reader (allowing users to view provenance data for synthetic content). The public-tool requirement effectively creates an authenticity-verification infrastructure obligation similar to the detector-tool mandates seen in other state content-authenticity bills.
3 A controller of an online service, product, or featureOnline service, product, or feature"Online service, product, or feature" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607 shall retain any available provenance dataProvenance data"Provenance data" means information, such as the origin of a piece of digital content and the history of modifications to the digital content, that is in a format which is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body, and which includes (i) whether some or all of the digital content is synthetic digital content and (ii) when there is synthetic digital content, the name of the developer whose generative artificial intelligence system or service generated the synthetic digital content.Va. Code § 59.1-607 in the digital contentDigital content"Digital content" means any content in digital form, including any audio, image, text, or video content.Va. Code § 59.1-607 provided to such service, product, or feature and shall make available to a userUser"User" means a person who uses an online service, product, or feature, including a generative artificial intelligence system or service.Va. Code § 59.1-607 either (i) the provenance data of the digital contentDigital content"Digital content" means any content in digital form, including any audio, image, text, or video content.Va. Code § 59.1-607, (ii) a conspicuous indicator of whether provenance dataProvenance data"Provenance data" means information, such as the origin of a piece of digital content and the history of modifications to the digital content, that is in a format which is compliant with widely adopted guidelines or specifications promulgated by an established standard-setting body, and which includes (i) whether some or all of the digital content is synthetic digital content and (ii) when there is synthetic digital content, the name of the developer whose generative artificial intelligence system or service generated the synthetic digital content.Va. Code § 59.1-607 is or is not available for the digital contentDigital content"Digital content" means any content in digital form, including any audio, image, text, or video content.Va. Code § 59.1-607, or (iii) both clauses (i) and (ii).
This section imposes obligations on controllers of online services, products, or features — a broader category than developers. Controllers must (1) retain any available provenance data already embedded in digital content provided to their platform, and (2) make available to users either the provenance data itself, a conspicuous indicator of whether provenance data is available, or both. This creates a platform-side preservation and disclosure duty that complements the developer-side embedding obligations in § 59.1-608. The anti-stripping requirement ensures that provenance signals survive distribution through online platforms.
The provisions of this chapter shall not apply to any product, service, Internet website, or application that provides exclusively non-userUser"User" means a person who uses an online service, product, or feature, including a generative artificial intelligence system or service.Va. Code § 59.1-607-generated video games.
This section provides a narrow exemption from the entire chapter for products, services, websites, or applications that provide exclusively non-user-generated video games. The exemption is limited to video games where the content is developer-created rather than user-generated, meaning platforms that host user-generated video game content would not qualify for the exemption.
(A) The Attorney General shall have the exclusive authority to enforce the provisions of this chapter.
(B) Whenever the Attorney General has reasonable cause to believe that any person has engaged in or is engaging in any violation of this chapter, the Attorney General is empowered to issue a civil investigative demand. The provisions of § 59.1-9.10 shall apply mutatis mutandis to civil investigative demands issued pursuant to this section.
(C) Notwithstanding any contrary provision of law, the Attorney General may bring an action in the appropriate circuit court in the name of the Commonwealth to enjoin any violation of this chapter. The circuit court having jurisdiction may enjoin such violation notwithstanding the existence of an adequate alternative remedy at law. In any action brought pursuant to this chapter, it shall not be necessary that damages be proved.
(D) Any person who violates the provisions of this chapter shall be subject to a civil penalty in an amount not to exceed $1,000 plus reasonable attorney fees, expenses, and costs, as determined by the court. Any person who willfully violates the provisions of this chapter shall be subject to a civil penalty in an amount of not less than $1,000 and not more than $10,000 plus reasonable attorney fees, expenses, and costs, as determined by the court. Such civil penalties shall be paid into the Literary Fund.
(E) Each violation of this chapter shall constitute a separate violation and shall be subject to any civil penalties imposed under this section.
(F) Prior to causing an action against a developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607, a controllerController"Controller" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607, or any other person for a violation of this chapter pursuant to subsection C, the Attorney General shall determine if it is possible to cure the violation. If it is possible to cure such violation, the Attorney General may issue a notice of violation to a developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607, a controllerController"Controller" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607, or any other person and afford such developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607, controllerController"Controller" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607, or person the opportunity to cure such violation within 30 days of the receipt of such notice of violation. In determining whether to grant such opportunity to cure such violation, the Attorney General shall consider (i) the number of prior violations; (ii) the size and complexity of the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607, controllerController"Controller" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607, or person; (iii) the nature and extent of the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607, controllerController"Controller" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607, or person's business; (iv) the substantial likelihood of injury to the public; (v) the safety of persons or property; and (vi) whether such violation was likely caused by human or technical error. If the developerDeveloper"Developer" means any person doing business in the Commonwealth that develops or significantly updates a generative artificial intelligence system or service that is offered, sold, leased, given, or otherwise provided to consumers in the Commonwealth.Va. Code § 59.1-607, controllerController"Controller" means the same as that term is defined in § 59.1-575.Va. Code § 59.1-607, or person fails to cure such violation within 30 days of the receipt of such notice or violation, the Attorney General may proceed with such action.
This section vests exclusive enforcement authority in the Virginia Attorney General, with no private right of action. The Attorney General may issue civil investigative demands under the procedures of § 59.1-9.10 and may bring injunctive actions in circuit court without proof of damages. Civil penalties are capped at $1,000 per violation for standard violations and range from $1,000 to $10,000 per violation for willful violations, plus reasonable attorney fees, expenses, and costs. Each violation constitutes a separate offense. Before bringing an action, the Attorney General must determine whether the violation is curable and may grant a 30-day cure period, considering factors including prior violations, the respondent's size and complexity, likelihood of public injury, safety implications, and whether the violation was caused by human or technical error.