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SB 3263

AI PROVENANCE DATA ACT

104th Regular Session Introduced by Mary Edly-Allen and 7 co-sponsors

The act requires AI-generated or edited content to carry a machine-readable provenance label that reveals the AI tool, creator, creation time, and a content identifier.

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Bill Summary · SB 3263

Summary of SB3263 (104th Illinois General Assembly)

Title: Artificial Intelligence Provenance Data Act

Effective date: January 1, 2027

Jurisdiction: Illinois

Sponsor(s): Sen. Mary Edly-Allen (with multiple co-sponsors)

Status: Introduced February 3, 2026. See action history for committee and sponsor updates.

1) Purpose and Intent

SB3263 creates the Artificial Intelligence Provenance Data Act to require provenance labeling for content created or altered by artificial intelligence (AI) tools, and to establish duties for covered AI tool providers, large online platforms, capture device manufacturers, and third-party licensees. The core objective is to increase transparency about AI-generated or AI-edited imagery, video, and audio by embedding machine-readable provenance data and enabling users to verify origin and authenticity of digital content.

2) Key Provisions and Changes

Definitions (Section 5)

  • Artificial intelligence: As defined by Illinois Human Rights Act.
  • Capture device / Capture device manufacturer: Devices that record content; manufacturers of devices sold in Illinois.
  • Covered artificial intelligence tool provider: An AI creator/provider with:
    • >1,000,000 monthly visitors or users worldwide in the prior 12 months,
    • Publicly accessible in Illinois,
    • Generates/manipulates/edits audio, video, or image content.
  • Large online platform: Major platforms with >72,000,000 unique monthly users in the prior year (e.g., social media, video/content sharing, etc.).
  • Personal provenance data: Data that can reasonably be linked to a particular user.
  • Provenance data / Provenance label: System data about content provenance, machine-readable; label may include a clickable/embedded disclosure.
  • Provenance label reading tool: Software that reads provenance labels to determine AI involvement in content.
  • System provenance data: Non-personal data about device/system/service used to generate content or authenticity indicators.

Requirements for Covered AI Tool Providers (Section 10)

  • Must provide, at no cost, a publicly accessible provenance label reading tool via conspicuous link on the provider’s website and apps.
  • Tool must allow users to:
    • Upload content (image, video, text, audio) or provide a URL.
    • Access via an API for programmatic submissions.
    • Submit feedback to improve accuracy/effectiveness.
  • No collection or retention of personal information from tool users, except for voluntary feedback contact info.
  • No output of personal provenance data from user submissions.
  • No retention of submitted content longer than necessary.
  • Must embed a provenance label in any content created by the AI, including:
    • Label readable by the provenance label reading tool.
    • Label should be, to the extent technically feasible, permanent or hard to remove.
    • The label should convey system provenance data (or link to a permanent website) including:
    • Name of AI tool provider
    • Name and version of the AI that created/altered content
    • Time/date of creation or alteration
    • A unique content identifier

Requirements for Large Online Platforms (Section 15)

  • Detect, to the extent technically feasible, provenance labels compliant with standards bodies.
  • Provide a mechanism to disclose any machine-readable provenance label detected, clearly informing users that provenance data is available.
  • Allow users to inspect all available system provenance data, either within the platform or by providing a means to download content with its provenance data.
  • Prohibition on knowingly stripping provenance labels or system provenance data (to the extent feasible).
  • Prohibition on retaining personal provenance data from content shared on the platform.

Requirements for Capture Device Manufacturers (Section 20)

  • For new capture devices manufactured for sale in Illinois on or after the Act’s effective date:
    • Offer an option to include a provenance label in captured content that conveys:
    • Manufacturer name
    • Capture device name/version
    • Creation date/time
    • Embed the provenance label by default (with opt-out controls for users).
    • Clearly inform users about provenance label settings on first use.
    • Provide an accessible opt-out mechanism in device settings.
    • Ensure these capabilities are available in default capture apps and to third-party apps using the device.

Third-Party Licensees and Hosting Platforms (Section 25)

  • Covered AI tool providers licensing AI to third parties must require licensees to maintain the capability to include provenance labels.
  • If a provider learns a licensee has removed the capability, the provider must revoke the license within 96 hours.
  • Revoke-caused licensees may not use the AI thereafter.
  • Platforms hosting or distributing AI source code or model weights must not knowingly make available AI that does not place required disclosures into content.

Enforcement (Section 30)

  • Civil penalties up to $5,000 per violation for covered AI tool providers, large online platforms, or capture device manufacturers.
  • Third-party licensees violating revocation provisions may face injunctive relief.
  • Attorney General can enforce, seek penalties, and award attorney’s fees/costs to prevailing parties.

3) Who Would Be Affected

  • Covered AI tool providers that meet the user/traffic thresholds and operate in Illinois.
  • Large online platforms distributing user-generated content in Illinois.
  • Capture device manufacturers selling devices in Illinois (new devices post-enactment).
  • Third-party licensees and hosting platforms that license or host AI tools; must uphold provenance labeling requirements.
  • General users and content creators in Illinois who consume or produce content with potential AI involvement.

4) Procedural and Timeline Aspects

  • Effective date: January 1, 2027.
  • Providers must implement provenance labeling and tools as described, with feasible technical implementation timelines.
  • Civil penalties commence for violations (up to $5,000 per violation).
  • Severability clause: Provisions are severable if any part is invalid.
  • The act provides enforcement avenues via civil actions and AG involvement.

5) Practical Implications

  • Introduces standardized, machine-readable provenance disclosure for AI-generated content.
  • Aims to protect against anonymized or deceptive AI-altered content by making provenance transparent.
  • Places layered obligations on content providers, platform operators, and device manufacturers to ensure traceability.
  • Creates potential compliance costs and operational changes for large platforms and device makers, as well as potential impact on third-party AI licensing models.

If you’d like, I can compare SB3263 to similar provenance or watermarking proposals in other states or provide a quick briefing for policymakers or industry stakeholders.

Compiled from official sources — confirm details with the bill’s official record.

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