New York Assembly Bill A10652 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 10652  IN ASSEMBLY July 22, 2024 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Vanel) -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to unauthorized depictions of public officials generated by artificial intelligence The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 390-f to read as follows: 3 § 390-f. Unauthorized depictions of public officials generated by 4 artificial intelligence. 1. As used in this section, the following terms 5 shall have the following meanings: 6 (a) "Visual or audio generative artificial intelligence system" or 7 "covered system" shall mean any artificial intelligence system that is 8 accessible to New York residents whose primary function is to generate 9 visual or auditory media. 10 (b) "Artificial intelligence" shall mean a machine-based system that 11 can, for a given set of human-defined objectives, make predictions, 12 recommendations, or decisions influencing real or virtual environments. 13 Artificial intelligence systems use machine- and human-based inputs to 14 perceive real and virtual environments; abstract such perceptions into 15 models through analysis in an automated manner; and use model inference 16 to formulate options for information or action. This definition includes 17 but is not limited to systems that use machine learning, large language 18 models, natural language processing, and computer vision technologies, 19 including generative artificial intelligence. 20 (c) "Covered person" shall mean any person holding a public office or 21 a candidate for public office. In the context of notice, covered person 22 shall include the covered person's agent, employee or representative 23 acting at the direction of the covered person. 24 2. The owner, licensee or operator of a visual or audio generative 25 artificial intelligence system shall implement a reasonable method to 26 prohibit its users from creating unauthorized realistic depictions of a 27 covered person within sixty days of being notified by such covered EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15918-02-4 
 A. 10652 2 1 person that such covered person does not want a realistic depiction of 2 themselves to be generated by the owner, licensee or operator's system. 3 An implemented method to prevent the unauthorized creation of realistic 4 depictions of a covered person shall be considered reasonable when the 5 owner, licensee or operator of the covered system has implemented a 6 method that, in relation to the method of user inputs used by the 7 covered system, is consistent with industry standards, not overly 8 burdensome on the system, cost-effective to implement and maintain and 9 is up to date. 10 3. The owner, licensee or operator of a covered system shall implement 11 a reasonable method for covered persons to send notice to them under 12 this section provided that such method is easy to access, understand, 13 complete and send and that such method provides clear updates to the 14 sender on the status of their request in a timely manner. The owner, 15 licensee or operator of a covered system may request a reasonable means 16 of identification to process such requests. 17 4. Nothing in this section shall prohibit the owner, licensee or oper- 18 ator of a covered system from implementing reasonable safeguards to 19 permit the covered person, their agent, employee or representative to 20 use such covered system to generate realistic depictions of such covered 21 person, provided however that such owner, licensee or operator of such 22 covered system shall be liable in the same manner as if they had 23 violated subdivision two of this section where such safeguards are not 24 reasonable. A safeguard is considered reasonable for purposes of this 25 subdivision where the owner, licensee or operator of a covered system 26 implements measures that are consistent with industry standards, not 27 overly burdensome on the system, cost-effective to implement and main- 28 tain and are up to date. 29 5. The owner, licensee or operator of a covered system shall be liable 30 to a covered person in an amount of one hundred dollars per depiction, 31 but not more than one hundred thousand dollars in the aggregate, gener- 32 ated on their system by a user other than the covered person or their 33 agent, employee, representative, or another at the direction of them 34 created outside of the period prescribed by this section where such 35 owner, licensee or operator of such covered system fails to implement a 36 reasonable method to prevent the unauthorized creation of realistic 37 depictions of a covered person within the periods prescribed in this 38 section. The owner, licensee or operator of a covered system shall not 39 be liable to a covered person where such owner, licensee or operator is 40 unable to prevent the unauthorized depictions of such covered person 41 after implementing a reasonable method, nor shall they be liable for any 42 unauthorized realistic depictions that are incidental or were created in 43 an unforeseeable way. 44 6. This section shall not apply to the owner, licensee or operator of 45 a visual or audio generative artificial intelligence system where the 46 visual or audio outputs of the system are processed by a third party 47 that has no ownership or control over the underlying generative model. 48 § 2. This act shall take effect one year after it shall have become a 49 law.