Senate Bill S6859

2023-2024 Legislative Session

Relates to requiring advertisements to disclose the use of a synthetic performer

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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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Bill Amendments

2023-S6859 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-b, Gen Bus L

2023-S6859 - Summary

Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

2023-S6859 - Sponsor Memo

2023-S6859 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6859
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   advertisements to disclose the use of synthetic media
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 396-b of the general  business  law,  as  added  by
 chapter 1031 of the laws of 1965, is amended to read as follows:
   §  396-b.  Advertisements. 1. FOR PURPOSES OF THIS SECTION, "SYNTHETIC
 MEDIA" MEANS ANY HUMAN VOICE, PHOTOGRAPH, IMAGE, VIDEO  OR  OTHER  HUMAN
 LIKENESS  CREATED, REPRODUCED, OR MODIFIED BY COMPUTER, USING ARTIFICIAL
 INTELLIGENCE OR SOFTWARE ALGORITHM, TO BE INDISTINGUISHABLE TO A REASON-
 ABLE VIEWER FROM A NATURAL PERSON.
   2. Any person, firm, corporation or association, or agent or  employee
 thereof,  hereinafter  called person, who, being engaged in the business
 of dealing in any property, makes, publishes,  disseminates,  circulates
 or  places  before  the  public or causes, directly or indirectly, to be
 made, published, disseminated, circulated or placed before  the  public,
 in  this  state,  any advertisement respecting any such property, in any
 newspaper, magazine, or other publication, or over any radio station  or
 television  station,  unless it is stated in any such advertisement that
 the advertiser is a dealer in such property or from the context  of  any
 such  advertisement,  it plainly appears that such person is a dealer in
 such property so offered for sale in any  such  advertisement;  or  when
 placing  or  causing  any such advertisement to appear in any newspaper,
 magazine  or  other  publication  or  radio  or  television  station  as
 described  in  this  section,  if requested by the publisher of any such
 newspaper, magazine or other publication or owner or  operator  of  such
 radio  or  television  station or any agent or representative thereof to
 file with such owner or operator,  publisher,  agent  or  representative
 thereof  his true name, or where he is transacting business under a name
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01400-05-3
              

2023-S6859A (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-b, Gen Bus L

2023-S6859A (ACTIVE) - Summary

Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.

2023-S6859A (ACTIVE) - Sponsor Memo

2023-S6859A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6859--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2023
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the general  business  law,  in  relation  to  requiring
   advertisements to disclose the use of a synthetic performer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 396-b of the general  business  law,  as  added  by
 chapter 1031 of the laws of 1965, is amended to read as follows:
   §  396-b.  Advertisements.  1.   (A) FOR THE PURPOSES OF THIS SECTION,
 "GENERATIVE ARTIFICIAL INTELLIGENCE" MEANS  THE USE OF MACHINE  LEARNING
 TECHNOLOGY,  SOFTWARE, AUTOMATION,   AND  ALGORITHMS  TO  PERFORM TASKS,
 TO MAKE RULES  AND/OR  PREDICTIONS  BASED  ON  EXISTING  DATA  SETS  AND
 INSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO:
   (I) ANY ARTIFICIAL SYSTEM THAT PERFORMS TASKS UNDER VARYING AND UNPRE-
 DICTABLE  CIRCUMSTANCES WITHOUT SIGNIFICANT HUMAN OVERSIGHT, OR THAT CAN
 LEARN FROM EXPERIENCE AND IMPROVE PERFORMANCE WHEN EXPOSED TO DATA SETS;
   (II)  AN  ARTIFICIAL  SYSTEM  DEVELOPED IN COMPUTER SOFTWARE, PHYSICAL
 HARDWARE, OR  OTHER  CONTEXT  THAT  SOLVES  TASKS  REQUIRING  HUMAN-LIKE
 PERCEPTION,  COGNITION,  PLANNING,  LEARNING, COMMUNICATION, OR PHYSICAL
 ACTION;
   (III) AN  ARTIFICIAL  SYSTEM  DESIGNED  TO THINK OR ACT LIKE A  HUMAN,
 INCLUDING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
   (IV) A SET OF TECHNIQUES, INCLUDING MACHINE LEARNING, THAT IS DESIGNED
 TO APPROXIMATE A COGNITIVE TASK; AND/OR
   (V) AN ARTIFICIAL SYSTEM DESIGNED  TO  ACT  RATIONALLY,  INCLUDING  AN
 INTELLIGENT  SOFTWARE  AGENT OR EMBODIED ROBOT THAT ACHIEVES GOALS USING
 PERCEPTION,  PLANNING,  REASONING,  LEARNING,  COMMUNICATING,   DECISION
 MAKING, AND ACTING.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01400-09-4
              

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