New York 2025-2026 Regular Session

New York Assembly Bill A00235 Latest Draft

Bill / Introduced Version Filed 01/08/2025

   
  STATE OF NEW YORK ________________________________________________________________________ 235 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01919-01-5 

 A. 235 2 1 2. The owner, licensee or operator of a visual or audio generative 2 artificial intelligence system shall implement a reasonable method to 3 prohibit its users from creating unauthorized realistic depictions of a 4 covered person within sixty days of being notified by such covered 5 person that such covered person does not want a realistic depiction of 6 themselves to be generated by the owner, licensee or operator's system. 7 An implemented method to prevent the unauthorized creation of realistic 8 depictions of a covered person shall be considered reasonable when the 9 owner, licensee or operator of the covered system has implemented a 10 method that, in relation to the method of user inputs used by the 11 covered system, is consistent with industry standards, not overly 12 burdensome on the system, cost-effective to implement and maintain and 13 is up to date. 14 3. The owner, licensee or operator of a covered system shall implement 15 a reasonable method for covered persons to send notice to them under 16 this section provided that such method is easy to access, understand, 17 complete and send and that such method provides clear updates to the 18 sender on the status of their request in a timely manner. The owner, 19 licensee or operator of a covered system may request a reasonable means 20 of identification to process such requests. 21 4. Nothing in this section shall prohibit the owner, licensee or oper- 22 ator of a covered system from implementing reasonable safeguards to 23 permit the covered person, their agent, employee or representative to 24 use such covered system to generate realistic depictions of such covered 25 person, provided however that such owner, licensee or operator of such 26 covered system shall be liable in the same manner as if they had 27 violated subdivision two of this section where such safeguards are not 28 reasonable. A safeguard is considered reasonable for purposes of this 29 subdivision where the owner, licensee or operator of a covered system 30 implements measures that are consistent with industry standards, not 31 overly burdensome on the system, cost-effective to implement and main- 32 tain and are up to date. 33 5. The owner, licensee or operator of a covered system shall be liable 34 to a covered person in an amount of one hundred dollars per depiction, 35 but not more than one hundred thousand dollars in the aggregate, gener- 36 ated on their system by a user other than the covered person or their 37 agent, employee, representative, or another at the direction of them 38 created outside of the period prescribed by this section where such 39 owner, licensee or operator of such covered system fails to implement a 40 reasonable method to prevent the unauthorized creation of realistic 41 depictions of a covered person within the periods prescribed in this 42 section. The owner, licensee or operator of a covered system shall not 43 be liable to a covered person where such owner, licensee or operator is 44 unable to prevent the unauthorized depictions of such covered person 45 after implementing a reasonable method, nor shall they be liable for any 46 unauthorized realistic depictions that are incidental or were created in 47 an unforeseeable way. 48 6. This section shall not apply to the owner, licensee or operator of 49 a visual or audio generative artificial intelligence system where the 50 visual or audio outputs of the system are processed by a third party 51 that has no ownership or control over the underlying generative model. 52 § 2. This act shall take effect one year after it shall have become a 53 law.