NY State Assembly Bill 2023-A8105A

Assembly Bill A8105A

2023-2024 Legislative Session

Requires the collection of oaths of responsible use from users of certain generative or surveillance advanced artificial intelligence systems

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer affairs and protection
Oct 25, 2023	print number 8105a
Oct 25, 2023	amend (t) and recommit to consumer affairs and protection
Oct 13, 2023	referred to consumer affairs and protection

Bill Amendments

Original

A (Active)

2023-A8105 - Details

See Senate Version of this Bill:: S8206
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §394-cccc, Gen Bus L

2023-A8105 - Summary

Requires the collection of oaths of responsible use from users of certain generative or surveillance advanced artificial intelligence systems by the operators of such systems, and transmission of such oaths to the attorney general.

2023-A8105 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8105
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 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  requiring  the
   collection  of oaths of responsible use from users of certain high-im-
   pact advanced artificial intelligence systems

   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
 394-cccc to read as follows:
   § 394-CCCC. AFFIRMATION FOR USE OF ARTIFICIAL INTELLIGENCE. 1. AS USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ADVANCED  ARTIFICIAL INTELLIGENCE SYSTEM" SHALL MEAN ANY DIGITAL
 APPLICATION OR SOFTWARE, WHETHER OR NOT INTEGRATED WITH  PHYSICAL  HARD-
 WARE, THAT AUTONOMOUSLY PERFORMS FUNCTIONS TRADITIONALLY REQUIRING HUMAN
 INTELLIGENCE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE ABILITY TO LEARN
 FROM  AND ADAPT TO NEW DATA OR SITUATIONS AUTONOMOUSLY AND PERFORM FUNC-
 TIONS THAT REQUIRE COGNITIVE PROCESSES SUCH AS UNDERSTANDING,  LEARNING,
 OR DECISION-MAKING FOR EACH SPECIFIC TASK.
   (B)  "HIGH-IMPACT  ADVANCED ARTIFICIAL INTELLIGENCE SYSTEM" SHALL MEAN
 ANY ADVANCED ARTIFICIAL INTELLIGENCE SYSTEM THAT,  IF  USED  IMPROPERLY,
 CAN  CAUSE  DISRUPTION  TO  THE  SOCIAL FABRIC. THESE SYSTEMS SHALL ONLY
 INCLUDE SYSTEMS WHICH CAN:
   (I) GENERATE SYNTHETIC IMAGES, VIDEOS, AUDIO OR OTHER SYNTHETIC  MEDIA
 THAT  EXHIBIT  ACCURACY  THAT  IS INDISTINGUISHABLE FROM THE SOURCE THEY
 ATTEMPT TO REPLICATE;
   (II) MODIFY OR ALTER EXISTING IMAGES, VIDEO,  OR  AUDIO  THAT  EXHIBIT
 ACCURACY  THAT  IS  INDISTINGUISHABLE  FROM  THE  SOURCE THEY ATTEMPT TO
 REPLICATE;
   (III) GENERATE SYNTHETIC WRITTEN LANGUAGE THAT EXHIBITS ACCURACY  THAT
 IS INDISTINGUISHABLE FROM THE SOURCE THEY ATTEMPT TO REPLICATE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13094-02-3
 A. 8105                             2

 
   (IV)  BE  USED  AS A TOOL TO SURVEIL A PERSON OR PERSONS WITHOUT THEIR
 CONSENT.
   (C)  "OPERATOR"  SHALL  MEAN THE PERSON OR PERSONS, WHETHER NATURAL OR
 OTHERWISE, WHO DISTRIBUTE AND HAVE CONTROL OVER  THE  DEVELOPMENT  OF  A
 HIGH-IMPACT  ADVANCED  ARTIFICIAL INTELLIGENCE SYSTEM. WHERE HIGH-IMPACT
 ADVANCED ARTIFICIAL INTELLIGENCE SYSTEM IS OPEN CODE, THE OPERATOR SHALL
 BE DEEMED THE PLATFORM OR PLATFORMS WHICH HOST THE SYSTEM.
   (D) "OPEN CODE" SHALL MEAN SOFTWARE WHOSE CODE IS  MADE  AVAILABLE  TO
 THE  PUBLIC WHERE THE PUBLIC HAS THE ABILITY TO USE, MODIFY, OR DISTRIB-
 UTE THE CODE IRRESPECTIVE OF THE ASSOCIATED COSTS  TO  USE,  MODIFY,  OR
 DISTRIBUTE THE CODE, IF ANY, OR THE UNDERLYING LICENSE AGREEMENT.
   2.  EVERY  HIGH-IMPACT ADVANCED ARTIFICIAL INTELLIGENCE SYSTEM THAT IS
 ACCESSIBLE TO RESIDENTS OF THE STATE SHALL REQUIRE A USER TO  CREATE  AN
 ACCOUNT  PRIOR TO UTILIZING SUCH SERVICE. PRIOR TO EACH USER CREATING AN
 ACCOUNT, AND EVERY NINETY CALENDAR DAYS THEREAFTER OR UPON THEIR  SUBSE-
 QUENT  USE  OF THE PLATFORM FOLLOWING A NINETY-DAY PERIOD, SUCH OPERATOR
 SHALL PRESENT THE USER WITH A CONSPICUOUS DIGITAL OR  PHYSICAL  DOCUMENT
 THAT THE USER MUST AFFIRM UNDER PENALTY OF PERJURY PRIOR TO THE CREATION
 OR  CONTINUED USE OF SUCH ACCOUNT. SUCH DOCUMENT SHALL, WHERE APPLICABLE
 TO THE SERVICE, STATE THE FOLLOWING:
 
   "STATE OF NEW YORK
   COUNTY OF _______
 
   I, ________ RESIDING AT ________, DO AFFIRM UNDER PENALTY  OF  PERJURY
 THAT I HAVE NOT USED, AND DO NOT INTEND TO USE, THE SERVICES PROVIDED BY
 THIS  ADVANCED  ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER THAT VIOLATED
 OR VIOLATES ANY OF THE FOLLOWING AFFIRMATIONS:
   1. I WILL NOT USE THE PLATFORM TO CREATE OR DISSEMINATE  CONTENT  THAT
 CAN FORESEEABLY CAUSE INJURY TO ANOTHER IN VIOLATION OF APPLICABLE LAWS;
   2.  I  WILL  NOT  USE  THE  PLATFORM  TO AID, ENCOURAGE, OR IN ANY WAY
 PROMOTE ANY FORM OF ILLEGAL ACTIVITY IN VIOLATION OF APPLICABLE LAWS;
   3. I WILL NOT USE THE PLATFORM TO DISSEMINATE CONTENT THAT IS  DEFAMA-
 TORY,  OFFENSIVE, HARASSING, VIOLENT, DISCRIMINATORY, OR OTHERWISE HARM-
 FUL IN VIOLATION OF APPLICABLE LAWS;
   4. I WILL NOT USE THE  PLATFORM  TO  CREATE  AND  DISSEMINATE  CONTENT
 RELATED  TO  AN  INDIVIDUAL,  GROUP  OF  INDIVIDUALS,  ORGANIZATION,  OR
 CURRENT, PAST, OR FUTURE EVENTS THAT ARE OF THE PUBLIC INTEREST WHICH  I
 KNOW TO BE FALSE AND WHICH I INTEND TO USE FOR THE PURPOSE OF MISLEADING
 THE PUBLIC OR CAUSING PANIC."
   3.  SUCH STATEMENT SHALL BE SWORN OR SUBSCRIBED TO UNDER OATH AND BEAR
 A FORM NOTICE THAT FALSE STATEMENTS MADE THEREIN  ARE  PUNISHABLE  AS  A
 CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW.
   4.  EVERY  OPERATOR  SUBJECT  TO  THE PROVISIONS OF THIS SECTION SHALL
 SUBMIT A COPY OF EACH OATH TAKEN PURSUANT TO  SUBDIVISION  TWO  OF  THIS
 SECTION  TO  THE ATTORNEY GENERAL WITHIN THIRTY DAYS OF SUCH USER MAKING
 SUCH OATH, IN SUCH FORM AND MANNER AS DESIGNATED BY THE ATTORNEY  GENER-
 AL.  ANY OPERATOR WHO KNOWINGLY FAILS TO SUBMIT SUCH OATHS, OR KNOWINGLY
 FAILS TO PRESENT A USER WITH OR COLLECT SUCH OATHS, SHALL BE FINED THREE
 TIMES SUCH AMOUNT OF PROFIT DERIVED FROM THE USER  WHOSE  OATH  WAS  NOT
 SUBMITTED OR THREE THOUSAND DOLLARS, WHICHEVER IS GREATER, PER OATH.
   5.  NO  OPERATOR  SHALL  BE  ENTITLED  TO  AUGMENT,  ADD OR DELETE ANY
 PROVISIONS OF SUCH OATH EXCEPT AS REQUESTED BY THE ATTORNEY GENERAL.
   6. THIS SECTION SHALL NOT BE CONSTRUED AS IMPOSING ANY LIABILITY ON  A
 USER  FOR  AN  OPERATOR'S  FAILURE TO PRESENT SUCH USER WITH, COLLECT OR
 SUBMIT AN OATH.
 A. 8105                             3
 
   7. THE ATTORNEY GENERAL SHALL PROMULGATE  ALL  RULES  AND  REGULATIONS
 NECESSARY  FOR  THE  IMPLEMENTATION  OF  THIS SECTION, INCLUDING BUT NOT
 LIMITED TO, THE ADMINISTRATION OF OATHS AND  AFFIRMATIONS  BY  OPERATORS
 FOR THE PURPOSES OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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2023-A8105A (ACTIVE) - Details

See Senate Version of this Bill:: S8206
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §394-cccc, Gen Bus L

2023-A8105A (ACTIVE) - Summary

2023-A8105A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8105--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 13, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs  and  Protection  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general business law, in relation to  requiring  the
   collection  of  oaths of responsible use from users of certain genera-
   tive or surveillance advanced artificial intelligence systems
 
   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
 394-cccc to read as follows:
   § 394-CCCC. AFFIRMATION FOR USE OF ARTIFICIAL INTELLIGENCE. 1. AS USED
 IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ADVANCED  ARTIFICIAL INTELLIGENCE SYSTEM" SHALL MEAN ANY DIGITAL
 APPLICATION OR SOFTWARE, WHETHER OR NOT INTEGRATED WITH  PHYSICAL  HARD-
 WARE, THAT AUTONOMOUSLY PERFORMS FUNCTIONS TRADITIONALLY REQUIRING HUMAN
 INTELLIGENCE. THIS INCLUDES, BUT IS NOT LIMITED TO, THE ABILITY TO LEARN
 FROM  AND ADAPT TO NEW DATA OR SITUATIONS AUTONOMOUSLY AND PERFORM FUNC-
 TIONS THAT REQUIRE COGNITIVE PROCESSES SUCH AS UNDERSTANDING,  LEARNING,
 OR DECISION-MAKING FOR EACH SPECIFIC TASK.
   (B)  "GENERATIVE  OR  SURVEILLANCE  ADVANCED  ARTIFICIAL  INTELLIGENCE
 SYSTEMS" SHALL ONLY INCLUDE SYSTEMS WHICH CAN:
   (I) GENERATE SYNTHETIC IMAGES, VIDEOS, AUDIO OR OTHER SYNTHETIC  MEDIA
 THAT  EXHIBIT  ACCURACY  THAT  IS INDISTINGUISHABLE FROM THE SOURCE THEY
 ATTEMPT TO REPLICATE;
   (II) MODIFY OR ALTER EXISTING IMAGES, VIDEO,  OR  AUDIO  THAT  EXHIBIT
 ACCURACY  THAT  IS  INDISTINGUISHABLE  FROM  THE  SOURCE THEY ATTEMPT TO
 REPLICATE;
   (III) GENERATE SYNTHETIC WRITTEN LANGUAGE THAT EXHIBITS ACCURACY  THAT
 IS INDISTINGUISHABLE FROM THE SOURCE THEY ATTEMPT TO REPLICATE; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13094-03-3
 A. 8105--A                          2

 
   (IV)  BE  USED  AS A TOOL TO SURVEIL A PERSON OR PERSONS WITHOUT THEIR
 CONSENT.
   (C)  "OPERATOR"  SHALL  MEAN THE PERSON OR PERSONS, WHETHER NATURAL OR
 OTHERWISE, WHO DISTRIBUTE AND HAVE CONTROL OVER  THE  DEVELOPMENT  OF  A
 GENERATIVE  OR  SURVEILLANCE  ADVANCED  ARTIFICIAL  INTELLIGENCE SYSTEM.
 WHERE GENERATIVE OR SURVEILLANCE ADVANCED ARTIFICIAL INTELLIGENCE SYSTEM
 IS OPEN CODE, THE OPERATOR SHALL BE DEEMED  THE  PLATFORM  OR  PLATFORMS
 WHICH HOST THE SYSTEM.
   (D)  "OPEN  CODE"  SHALL MEAN SOFTWARE WHOSE CODE IS MADE AVAILABLE TO
 THE PUBLIC WHERE THE PUBLIC HAS THE ABILITY TO USE, MODIFY, OR  DISTRIB-
 UTE  THE  CODE  IRRESPECTIVE  OF THE ASSOCIATED COSTS TO USE, MODIFY, OR
 DISTRIBUTE THE CODE, IF ANY, OR THE UNDERLYING LICENSE AGREEMENT.
   2. EVERY OPERATOR OF A GENERATIVE OR SURVEILLANCE ADVANCED  ARTIFICIAL
 INTELLIGENCE  SYSTEM  THAT IS ACCESSIBLE TO RESIDENTS OF THE STATE SHALL
 REQUIRE A USER TO CREATE AN ACCOUNT PRIOR  TO  UTILIZING  SUCH  SERVICE.
 PRIOR  TO EACH USER CREATING AN ACCOUNT, SUCH OPERATOR SHALL PRESENT THE
 USER WITH A CONSPICUOUS DIGITAL OR PHYSICAL DOCUMENT THAT THE USER  MUST
 AFFIRM  UNDER  PENALTY OF PERJURY PRIOR TO THE CREATION OR CONTINUED USE
 OF SUCH ACCOUNT. SUCH DOCUMENT SHALL STATE THE FOLLOWING:
 
   "STATE OF NEW YORK
   COUNTY OF _______
 
   I, ________ RESIDING AT ________, DO AFFIRM UNDER PENALTY  OF  PERJURY
 THAT  I  HAVE NOT USED, AM NOT USING, DO NOT INTEND TO USE, AND WILL NOT
 USE THE SERVICES  PROVIDED  BY  THIS  ADVANCED  ARTIFICIAL  INTELLIGENCE
 SYSTEM IN A MANNER THAT VIOLATED OR VIOLATES ANY OF THE FOLLOWING AFFIR-
 MATIONS:
   1.  I  WILL NOT USE THE PLATFORM TO CREATE OR DISSEMINATE CONTENT THAT
 CAN FORESEEABLY CAUSE INJURY TO ANOTHER IN VIOLATION OF APPLICABLE LAWS;
   2. I WILL NOT USE THE PLATFORM  TO  AID,  ENCOURAGE,  OR  IN  ANY  WAY
 PROMOTE ANY FORM OF ILLEGAL ACTIVITY IN VIOLATION OF APPLICABLE LAWS;
   3.  I WILL NOT USE THE PLATFORM TO DISSEMINATE CONTENT THAT IS DEFAMA-
 TORY, OFFENSIVE, HARASSING, VIOLENT, DISCRIMINATORY, OR OTHERWISE  HARM-
 FUL IN VIOLATION OF APPLICABLE LAWS;
   4.  I  WILL  NOT  USE  THE  PLATFORM TO CREATE AND DISSEMINATE CONTENT
 RELATED  TO  AN  INDIVIDUAL,  GROUP  OF  INDIVIDUALS,  ORGANIZATION,  OR
 CURRENT,  PAST, OR FUTURE EVENTS THAT ARE OF THE PUBLIC INTEREST WHICH I
 KNOW TO BE FALSE AND WHICH I INTEND TO USE FOR THE PURPOSE OF MISLEADING
 THE PUBLIC OR CAUSING PANIC."
   3. SUCH STATEMENT SHALL BE SWORN OR SUBSCRIBED TO UNDER OATH AND  BEAR
 A  FORM  NOTICE  THAT  FALSE STATEMENTS MADE THEREIN ARE PUNISHABLE AS A
 CLASS A MISDEMEANOR PURSUANT TO SECTION 210.45 OF THE PENAL LAW.
   4. EVERY OPERATOR SUBJECT TO THE  PROVISIONS  OF  THIS  SECTION  SHALL
 SUBMIT  A  COPY  OF  EACH OATH TAKEN PURSUANT TO SUBDIVISION TWO OF THIS
 SECTION TO THE ATTORNEY GENERAL WITHIN THIRTY DAYS OF SUCH  USER  MAKING
 SUCH  OATH, IN SUCH FORM AND MANNER AS DESIGNATED BY THE ATTORNEY GENER-
 AL. ANY OPERATOR WHO KNOWINGLY FAILS TO SUBMIT SUCH OATHS, OR  KNOWINGLY
 FAILS TO PRESENT A USER WITH OR COLLECT SUCH OATHS, SHALL BE FINED THREE
 TIMES  SUCH  AMOUNT  OF  PROFIT DERIVED FROM THE USER WHOSE OATH WAS NOT
 SUBMITTED OR THREE THOUSAND DOLLARS, WHICHEVER IS GREATER, PER OATH.
   5. NO OPERATOR SHALL  BE  ENTITLED  TO  AUGMENT,  ADD  OR  DELETE  ANY
 PROVISIONS OF SUCH OATH EXCEPT AS PERMITTED BY THE ATTORNEY GENERAL.
   6.  THIS SECTION SHALL NOT BE CONSTRUED AS IMPOSING ANY LIABILITY ON A
 USER FOR AN OPERATOR'S FAILURE TO PRESENT SUCH  USER  WITH,  COLLECT  OR
 SUBMIT AN OATH.
 A. 8105--A                          3
 
   7.  THE  ATTORNEY  GENERAL  SHALL PROMULGATE ALL RULES AND REGULATIONS
 NECESSARY FOR THE IMPLEMENTATION OF  THIS  SECTION,  INCLUDING  BUT  NOT
 LIMITED  TO,  THE  ADMINISTRATION OF OATHS AND AFFIRMATIONS BY OPERATORS
 FOR THE PURPOSES OF THIS SECTION.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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Assembly Bill A8105A

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