New York Senate Bill S08755 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 8755  IN SENATE March 7, 2024 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Internet and Technology AN ACT to amend the state technology law, in relation to enacting the New York artificial intelligence ethics commission act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York artificial intelligence ethics commission act". 3 § 2. The state technology law is amended by adding a new section 106-c 4 to read as follows: 5 § 106-c. 1. New York artificial intelligence ethics commission. The 6 New York artificial intelligence ethics commission (the "commission") is 7 hereby established. The commission shall serve as a regulatory body to 8 ensure ethical use of artificial intelligence (AI) within New York state 9 agencies and private entities operating within the state. 10 2. For the purposes of this section, the following terms shall have 11 the following meanings: 12 (a) "Artificial intelligence" or "AI" shall mean a machine-based 13 system that can, for a given set of human-defined objectives, make 14 predictions, recommendations, or decisions influencing real or virtual 15 environments. 16 (b) "Use" shall mean the development, deployment, and operation of an 17 AI system. 18 (c) "Crime" shall mean any offense recognized by New York state law. 19 3. The commission shall consist of nine members: three appointed by 20 the governor; two appointed by the temporary president of the senate; 21 one appointed by the minority leader of the senate; two appointed by the 22 speaker of the assembly; one appointed by the minority leader of the 23 assembly, reflective of diverse expertise in AI technology, ethics, law, 24 and public policy. 25 4. The commission shall: 26 (a) establish ethical guidelines and standards for the development and 27 deployment of AI technologies; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14787-01-4 
 S. 8755 2 1 (b) conduct reviews of AI projects for compliance with ethical stand- 2 ards; 3 (c) provide educational resources for New York state agencies and the 4 public on AI ethics; 5 (d) advise the legislature on AI policy considerations; 6 (e) receive and investigate complaints regarding unethical AI prac- 7 tices; and 8 (f) develop certification for ethical AI systems and conduct periodic 9 audits. 10 5. The commission has the authority to oversee any AI system utilized 11 by: 12 (a) state agencies, for internal operations or public services; and 13 (b) private companies operating in New York state, insofar as their AI 14 usage impacts New York residents. 15 6. No entity doing business in this state shall: 16 (a) utilize AI systems that systematically and unfairly discriminate 17 against individuals or groups based on race, gender, sexuality, disabil- 18 ity, or any other protected characteristic; 19 (b) create or disseminate false or misleading information by an AI 20 system to deceive users or the public; 21 (c) use an AI system to unlawfully surveil, record, or disseminate 22 information about an individual without their consent; 23 (d) participate in the unauthorized collection, processing, or dissem- 24 ination of personal information by an AI system without their consent 25 shall be deemed an infringement of privacy; 26 (e) participate in unauthorized use or reproduction of intellectual 27 property through AI algorithms; 28 (f) fail to implement reasonable safeguards, resulting in harm or 29 material loss through the use of an AI system; 30 (g) conduct AI research that is harmful or without the informed 31 consent of the subjects; 32 (h) intentionally disrupt, damage, or subversion of an AI system to 33 undermine its integrity or performance; or 34 (i) participate in the unauthorized use of someone's personal identity 35 or data by artificial intelligence systems to commit fraud or theft. 36 7. The commission shall have the power to impose penalties, including 37 fines and injunctions for violations of ethical guidelines established 38 by the commission. Penalties for violations under subdivision six of 39 this section shall be as follows: 40 (a) Where harm is non-economic, a civil penalty, including injunctions 41 and other damages. 42 (b) Where economic harm is established or there is a systematic breach 43 of privacy, criminal offenses shall be prosecuted by the attorney gener- 44 al. 45 8. The commission shall submit annual reports to the governor, the 46 temporary president of the senate, and the speaker of the assembly 47 detailing its activities, audit results, and policy recommendations. 48 § 3. This act shall take effect immediately.