The Computer & Communications Industry Association (CCIA) has expressed concerns regarding Virginia's House Bill 2462, urging state lawmakers to reconsider certain elements of the proposed legislation. The association highlights potential unintended consequences for digital services, free expression, and online platforms.
The CCIA acknowledges the necessity of addressing issues related to unauthorized use of voice, likeness, and digital replicas. However, it points out that the bill's broad language may lead to constitutional concerns and conflicts with existing laws at both state and federal levels. This could result in legal uncertainty for businesses and consumers.
According to the CCIA, the bill's vague definition of digital replicas poses legal risks for various forms of online content such as AI-generated media, artistic works, and journalistic reporting. The liability provisions outlined in HB 2462 could extend beyond bad actors, potentially holding platforms and service providers responsible for user-generated content even if they are unaware or uninvolved in its creation.
In response to these concerns, the CCIA recommends that lawmakers refer HB 2462 to the Virginia Joint Commission on Technology and Science for further study during the 2025 interim period. This step would allow a comprehensive evaluation of how the bill might affect innovation, First Amendment-protected content, and online platforms.
Megan Stokes, State Policy Director for CCIA, stated: "Virginia policymakers must strike a careful balance between protecting individuals from harmful digital impersonation and making sure innovation, free expression, and responsible online services are not stifled. While HB 2462 is well-intended, its current wording creates significant legal uncertainty that puts service providers and legitimate content creators at risk of unnecessary liability. We urge lawmakers to refine the bill to ensure that it targets truly harmful actors without sweeping in lawful and protected digital content."
