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House delays bill on nonconsensual intimate digital depictions after debate over AI-company liability

May 04, 2025 | HOUSE OF REPRESENTATIVES, Committees, Legislative, Colorado


This article was created by AI summarizing key points discussed. AI makes mistakes, so for full details and context, please refer to the video of the full meeting. Please report any errors so we can fix them. Report an error »

House delays bill on nonconsensual intimate digital depictions after debate over AI-company liability
The House debated Senate Bill 288, a measure creating civil remedies and criminal provisions for nonconsensual disclosure of intimate digital depictions, including images produced or manipulated electronically.

During floor debate and committee discussion lawmakers sought to refine definitions (for example, defining "broadcaster") and to clarify criminal thresholds for images that depict juveniles. A high-profile part of the discussion concerned proposed language that would shield AI-platform providers from liability when their general-purpose tools are used by a third party to generate unlawful imagery. Opponents said an open exemption would remove incentives for platforms to build safeguards; supporters said platforms should not be held strictly liable for the unlawful misuse of general-purpose tools and that liability could discourage innovation.

Representative Zocai argued against a blanket exemption for AI firms and urged either that liability remain or that a narrower affirmative-defense framework be developed for platforms that implement and maintain reasonable safeguards. Representative Caldwell and others argued platforms cannot easily foresee every misuse and that liability should focus on the end user. Representative Garcia argued that the platforms effectively create the image and must be held accountable and said she was preparing substitute language. Representative Titone subsequently withdrew the amendment (L15) to allow more workshopping among stakeholders.

The House ultimately laid Senate Bill 288 over until Monday, May 5, to permit continued negotiation on the AI-liability language and other technical changes.

Ending

Lawmakers said they planned additional work between now and the next session day to develop a compromise on platform liability, definitions and protections for minors; the bill remains on the calendar for Monday. Sponsors emphasized the goal of protecting victims of nonconsensual intimate-image disclosure; debate showed deep divisions over how to treat providers of image-generation tools.

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