New Hampshire
AI Policy Overview
New Hampshire was one of the first states to address artificial intelligence technologies, especially to protect privacy. In 2014, New Hampshire enacted a law that prohibited the Department of Motor Vehicles from using facial recognition technology when taking or retaining photographs. Lawmakers again addressed facial recognition in 2016 when it prohibited using facial recognition to analyze police body camera footage. In 2024, lawmakers enacted several laws addressing sexual deepfakes as well as AI-generated content use in elections and fraud.
In 2024, New Hampshire enacted a law (NH HB 1688) prohibiting state agencies from using artificial intelligence to manipulate, discriminate, or surveil members of the public.
Deepfakes
Sexual Deepfakes
In 2024, New Hampshire enacted several laws addressing sexual deepfakes. The first law (NH SB 564) expands the definition of "child" under the child sexual abuse images statute to include those images that are portrayed to be a person under the age of 18 and are thus indistinguishable from a child. And a second law (NH HB 1319) amends the crime of nonconsensual dissemination of private sexual images to include certain synthetic sexual images.
Political Deepfakes
In 2024, New Hampshire enacted several laws addressing political deepfakes. The first law (NH HB 1596) requires the disclosure of media created using AI and deepfakes used in political advertising within 90 days of an election. A second law (NH HB 1432) prohibits using a deepfake recording for the purpose of expressly or impliedly advocating the success or defeat of any party, measure, or person at any election. This law also addresses fraud more broadly by providing criminal and civil penalties for creating a deepfake to embarrass, harass, entrap, defame, extort, or otherwise cause any financial or reputational harm to an identifiable person.
Facial Recognition
In 2014, New Hampshire became the first state to enact a ban on facial recognition technology (NH HB 1329) by prohibiting the Department of Motor Vehicles from using any facial recognition technology in connection with taking or retaining photographs and digital images. New Hampshire addressed facial recognition again in 2016 when it enacted a law (NH HB 1584) prohibiting using facial recognition to analyze images captured by police body cameras.
Legislative & Regulatory History
2024 - New Hampshire enacted NH HB 1688, prohibiting state agencies from using artificial intelligence to manipulate, discriminate, or surveil members of the public.
2024 - New Hampshire enacted NH HB 1432, which prohibits using deepfakes to advocate in an election and provides penalties for creating a deepfake to cause any financial or reputational harm to an identifiable person.
2024 - New Hampshire enacted NH HB 1596, which requires the disclosure of deepfakes used in political advertising within 90 days of an election.
2024 - New Hampshire enacted NH HB 1319, which amends the crime of nonconsensual dissemination of private sexual images to include certain synthetic sexual images.
2024 - New Hampshire enacted NH SB 564, which expands the definition of "child" under the child sexual abuse images statute to include those images that are portrayed to be a person under the age of 18 and are thus indistinguishable from a child.
2016 - New Hampshire enacted NH HB 158, which prohibits using facial recognition to analyze images captured by police body cameras.
2014 - New Hampshire enacted NH HB 1329, which prohibits the Department of Motor Vehicles from using any facial recognition technology in connection with taking or retaining photographs and digital images.