S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10652
 
                           I N  A S S E M B L Y
 
                               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:
 
   Section 1. The general business law is amended by adding a new section
 390-f to read as follows:
   §  390-F.  UNAUTHORIZED  DEPICTIONS  OF  PUBLIC OFFICIALS GENERATED BY
 ARTIFICIAL INTELLIGENCE. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "VISUAL OR AUDIO GENERATIVE  ARTIFICIAL  INTELLIGENCE  SYSTEM"  OR
 "COVERED  SYSTEM"  SHALL MEAN ANY ARTIFICIAL INTELLIGENCE SYSTEM THAT IS
 ACCESSIBLE TO NEW YORK RESIDENTS WHOSE PRIMARY FUNCTION IS  TO  GENERATE
 VISUAL OR AUDITORY MEDIA.
   (B)  "ARTIFICIAL  INTELLIGENCE" SHALL MEAN A MACHINE-BASED SYSTEM THAT
 CAN, FOR A GIVEN SET  OF  HUMAN-DEFINED  OBJECTIVES,  MAKE  PREDICTIONS,
 RECOMMENDATIONS,  OR DECISIONS INFLUENCING REAL OR VIRTUAL ENVIRONMENTS.
 ARTIFICIAL INTELLIGENCE SYSTEMS USE MACHINE- AND HUMAN-BASED  INPUTS  TO
 PERCEIVE  REAL  AND VIRTUAL ENVIRONMENTS; ABSTRACT SUCH PERCEPTIONS INTO
 MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER; AND USE MODEL  INFERENCE
 TO FORMULATE OPTIONS FOR INFORMATION OR ACTION. THIS DEFINITION INCLUDES
 BUT  IS NOT LIMITED TO SYSTEMS THAT USE MACHINE LEARNING, LARGE LANGUAGE
 MODELS, NATURAL LANGUAGE PROCESSING, AND COMPUTER  VISION  TECHNOLOGIES,
 INCLUDING GENERATIVE ARTIFICIAL INTELLIGENCE.
   (C)  "COVERED PERSON" SHALL MEAN ANY PERSON HOLDING A PUBLIC OFFICE OR
 A CANDIDATE FOR PUBLIC OFFICE. IN THE CONTEXT OF NOTICE, COVERED  PERSON
 SHALL  INCLUDE  THE  COVERED  PERSON'S AGENT, EMPLOYEE OR REPRESENTATIVE
 ACTING AT THE DIRECTION OF THE COVERED PERSON.
   2. THE OWNER, LICENSEE OR OPERATOR OF A  VISUAL  OR  AUDIO  GENERATIVE
 ARTIFICIAL  INTELLIGENCE  SYSTEM  SHALL IMPLEMENT A REASONABLE METHOD TO
 PROHIBIT ITS USERS FROM CREATING UNAUTHORIZED REALISTIC DEPICTIONS OF  A
 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
 
 PERSON THAT SUCH COVERED PERSON DOES NOT WANT A REALISTIC  DEPICTION  OF
 THEMSELVES  TO BE GENERATED BY THE OWNER, LICENSEE OR OPERATOR'S SYSTEM.
 AN IMPLEMENTED METHOD TO PREVENT THE UNAUTHORIZED CREATION OF  REALISTIC
 DEPICTIONS  OF  A COVERED PERSON SHALL BE CONSIDERED REASONABLE WHEN THE
 OWNER, LICENSEE OR OPERATOR OF THE  COVERED  SYSTEM  HAS  IMPLEMENTED  A
 METHOD  THAT,  IN  RELATION  TO  THE  METHOD  OF USER INPUTS USED BY THE
 COVERED SYSTEM,  IS  CONSISTENT  WITH  INDUSTRY  STANDARDS,  NOT  OVERLY
 BURDENSOME  ON  THE SYSTEM, COST-EFFECTIVE TO IMPLEMENT AND MAINTAIN AND
 IS UP TO DATE.
   3. THE OWNER, LICENSEE OR OPERATOR OF A COVERED SYSTEM SHALL IMPLEMENT
 A REASONABLE METHOD FOR COVERED PERSONS TO SEND  NOTICE  TO  THEM  UNDER
 THIS  SECTION  PROVIDED  THAT SUCH METHOD IS EASY TO ACCESS, UNDERSTAND,
 COMPLETE AND SEND AND THAT SUCH METHOD PROVIDES  CLEAR  UPDATES  TO  THE
 SENDER  ON  THE  STATUS  OF THEIR REQUEST IN A TIMELY MANNER. THE OWNER,
 LICENSEE OR OPERATOR OF A COVERED SYSTEM MAY REQUEST A REASONABLE  MEANS
 OF IDENTIFICATION TO PROCESS SUCH REQUESTS.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE OWNER, LICENSEE OR OPER-
 ATOR  OF  A  COVERED  SYSTEM  FROM IMPLEMENTING REASONABLE SAFEGUARDS TO
 PERMIT THE COVERED PERSON, THEIR AGENT, EMPLOYEE  OR  REPRESENTATIVE  TO
 USE SUCH COVERED SYSTEM TO GENERATE REALISTIC DEPICTIONS OF SUCH COVERED
 PERSON,  PROVIDED  HOWEVER THAT SUCH OWNER, LICENSEE OR OPERATOR OF SUCH
 COVERED SYSTEM SHALL BE LIABLE  IN  THE  SAME  MANNER  AS  IF  THEY  HAD
 VIOLATED  SUBDIVISION  TWO OF THIS SECTION WHERE SUCH SAFEGUARDS ARE NOT
 REASONABLE. A SAFEGUARD IS CONSIDERED REASONABLE FOR  PURPOSES  OF  THIS
 SUBDIVISION  WHERE  THE  OWNER, LICENSEE OR OPERATOR OF A COVERED SYSTEM
 IMPLEMENTS MEASURES THAT ARE CONSISTENT  WITH  INDUSTRY  STANDARDS,  NOT
 OVERLY  BURDENSOME  ON THE SYSTEM, COST-EFFECTIVE TO IMPLEMENT AND MAIN-
 TAIN AND ARE UP TO DATE.
   5. THE OWNER, LICENSEE OR OPERATOR OF A COVERED SYSTEM SHALL BE LIABLE
 TO A COVERED PERSON IN AN AMOUNT OF ONE HUNDRED DOLLARS  PER  DEPICTION,
 BUT  NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS IN THE AGGREGATE, GENER-
 ATED ON THEIR SYSTEM BY A USER OTHER THAN THE COVERED  PERSON  OR  THEIR
 AGENT,  EMPLOYEE,  REPRESENTATIVE,  OR  ANOTHER AT THE DIRECTION OF THEM
 CREATED OUTSIDE OF THE PERIOD PRESCRIBED  BY  THIS  SECTION  WHERE  SUCH
 OWNER,  LICENSEE OR OPERATOR OF SUCH COVERED SYSTEM FAILS TO IMPLEMENT A
 REASONABLE METHOD TO PREVENT  THE  UNAUTHORIZED  CREATION  OF  REALISTIC
 DEPICTIONS  OF  A  COVERED  PERSON WITHIN THE PERIODS PRESCRIBED IN THIS
 SECTION. THE OWNER, LICENSEE OR OPERATOR OF A COVERED SYSTEM  SHALL  NOT
 BE  LIABLE TO A COVERED PERSON WHERE SUCH OWNER, LICENSEE OR OPERATOR IS
 UNABLE TO PREVENT THE UNAUTHORIZED DEPICTIONS  OF  SUCH  COVERED  PERSON
 AFTER IMPLEMENTING A REASONABLE METHOD, NOR SHALL THEY BE LIABLE FOR ANY
 UNAUTHORIZED REALISTIC DEPICTIONS THAT ARE INCIDENTAL OR WERE CREATED IN
 AN UNFORESEEABLE WAY.
   6.  THIS SECTION SHALL NOT APPLY TO THE OWNER, LICENSEE OR OPERATOR OF
 A VISUAL OR AUDIO GENERATIVE ARTIFICIAL INTELLIGENCE  SYSTEM  WHERE  THE
 VISUAL  OR  AUDIO  OUTPUTS  OF THE SYSTEM ARE PROCESSED BY A THIRD PARTY
 THAT HAS NO OWNERSHIP OR CONTROL OVER THE UNDERLYING GENERATIVE MODEL.
   § 2. This act shall take effect one year after it shall have become  a
 law.