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Kentucky lawmakers seek bipartisan solution to electronic privacy protections

(The Center Square) – Three Kentucky House members unveiled plans to introduce legislation protecting people’s privacy against new technological advances and threats.

State Reps. John Hodgson, R-Fisherville, John Blanton, R-Salyersville, and Daniel Grossberg, D-Louisville, laid out their plans during an Interim Joint Judiciary Committee meeting in Frankfort.

The lawmakers said their bill would provide protection against automated license plate readers, drones, artificial intelligence and microchip technology.

“We may well add a couple more before the session starts, but we want to start the discussion with the interim joint committee this summer,” said Hodgson, describing the bipartisan proposal as a “team effort.”

The bill plans to allow entities capturing license plate data to store that for only 90 days, with exceptions for felony investigations, subpoenas and toll collection purposes.

The section on drones would bar individuals from flying one over private property without the owner’s written consent. Blanton said the language, which would have law enforcement exclusions, is modeled after similar legislation passed in Florida.

“The last thing we want is to be out with our kids or grandkids in the backyard, in a swimming pool, and someone fly over our home with a drone,” Blanton said. “Because right now, there’s nothing that says they can’t take imagery and then put it on the internet and use it for improper purposes.”

The artificial intelligence portion of the bill includes legislation against “deep fakes,” which Grossberg said can harm businesses and individuals. That includes criminals creating realistic avatars to attract children.

Deep fakes can also harm elections, government integrity, scientific research, journalism and other fields.

“Using only footage on KET live streams and photographs from the legislative website, any representative or senator can be a puppet on strings for bad actors,” Grossberg said. “Even when the fakes can be spotted, their proliferation threatens the validity of all forms of digital communication. If anything you say can be artificially generated, why believe anything?”

The lawmakers’ bill request also includes language that would protect people from being forced to have a microchip or similar technology implanted in them.

Their bill request is for the 2024 regular session, which will start in January.

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