NY State Senate Bill 2023-S8400A

Senate Bill S8400A

2023-2024 Legislative Session

Prohibits the creation and dissemination of synthetic media within sixty days of an election with intent to unduly influence the outcome of an election

download bill text pdf

Current Bill Status - In Senate Committee Elections 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2024	print number 8400a
Jan 30, 2024	amend (t) and recommit to elections
Jan 26, 2024	referred to elections

Bill Amendments

Original

A (Active)

2023-S8400 - Details

See Assembly Version of this Bill:: A6790
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §17-172, El L

2023-S8400 - Summary

Prohibits the creation and dissemination of synthetic media within sixty days of an election with intent to unduly influence the outcome of an election; makes such act a class E felony.

2023-S8400 - Sponsor Memo

                                 
BILL NUMBER: S8400

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting the
creation of synthetic media with intent to influence the outcome of an
election

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits the creation and dissemination of synthetic media within sixty
days of an election with intent to unduly influence the outcome of an
election.

 
SUMMARY OF PROVISIONS:

17-172(1): Prohibits the act of creating synthetic media with intent to
injure a candidate or influence the outcome of an election and publishes
it within 60 days of an election.

17-172(2): Defines terms.

17-172(3): Excludes certain acts from this section.

 
DIFFERENCE BETWEEN AMENDED AND ORIGINAL:

Technical amendments

 
JUSTIFICATION:

Media plays a critical role in the outcome of elections; elections are
oftentimes won and lost based on a single image video, or audio record-
ing that is circulated. Unfortunately, the rise of advanced synthetic
media tools has made it easier than ever before to manipulate public
opinion. These tools are so sophisticated that even the most astute
observer may not be able to distinguish fact from fiction. With the
availability of these low-cost - and even free tools, those seeking to
influence an election outcome have a frighteningly powerful, inexpen-
sive, low-learning curve weapon at their disposal.

Unlike traditional manipulated media that can be disproven with little
effort, synthetic media is far more difficult to disprove and oftentimes
can may only be disproven based on external knowledge, which may not
even be available or available in time. While fact-checkers can play a
vital role in verifying the authenticity of a photo and limiting its
reach, particularly in larger elections, this is not always the case in
local, city, and even statewide elections. Where a candidate receives
limited media attention, they may be particularly vulnerable to false
media. And in close proximity to an election, there are few.- and possi-
bly no - options for remedying the situation.

The state has a compelling interest in protecting the integrity of its
elections, and the prohibitions of this bill are no more restrictive
than necessary to maintain the integrity of New York's electoral process
and to protect voters from being manipulated. Moreover, implementing
more stringent requirements, such as a synthetic media registry, would
impose significant First Amendment burdens and necessitate the numerous

individual voters to seek out verification of the information in an
extremely short period of time for it to be effective.

The use of synthetic media poses an unprecedented threat to our democra-
cy. The very foundation of our democracy rests on the integrity of our
elections, and bad actors who utilize synthetic media to undermine this
integrity of our elections must be held to account.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE,DATE:

This act shall take effect on the thirtieth day after it shall have
become a law.

2023-S8400 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8400
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend  the  election  law,  in  relation  to  prohibiting  the
   creation of synthetic media with intent to influence the outcome of an
   election
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new section  17-172
 to read as follows:
   §  17-172.  CREATING  SYNTHETIC  MEDIA  WITH  INTENT  TO INFLUENCE THE
 OUTCOME OF AN ELECTION. 1. A PERSON WHO, WITH INTENT TO INJURE A  CANDI-
 DATE  OR  INFLUENCE  THE OUTCOME OF AN ELECTION, CREATES OR CAUSES TO BE
 CREATED A FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC,  OR  AUDIO  RECORD  AND
 CAUSES SUCH FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD TO BE
 DISSEMINATED  OR  PUBLISHED  WITHIN  SIXTY  DAYS OF AN ELECTION SHALL BE
 GUILTY OF A CLASS E FELONY.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "SYNTHETIC  MEDIA"  SHALL  MEAN  A STILL IMAGE, VIDEO OR AUDIO RECORDING
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH MEANS OF ADVANCED SYNTHETIC MEDIA TECH-
 NOLOGIES THAT UTILIZE ARTIFICIAL INTELLIGENCE, SUCH AS DEEPFAKES, GENER-
 ATIVE PRE-TRAINED TRANSFORMERS, AND STABLE DIFFUSION; AND
   (III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS  BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
   (B)  "DISSEMINATE"  AND  "PUBLISH"  SHALL  HAVE  THE  SAME MEANINGS AS
 DEFINED IN SECTION 250.40 OF THE PENAL LAW.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   (A) DISSEMINATION OR PUBLICATION OF SYNTHETIC MEDIA THAT  WAS  CREATED
 FOR  THE  PURPOSE OF POLITICAL OR SOCIAL COMMENTARY, PARODY, OR ARTISTIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10784-03-3

 S. 8400                             2
 
 EXPRESSION THAT IS NOT DISSEMINATED OR  PUBLISHED  WITH  THE  INTENT  TO
 MISREPRESENT ITS AUTHENTICITY;
   (B)  DISSEMINATION  OR PUBLICATION OF SYNTHETIC MEDIA THAT WAS CREATED
 FOR THE PURPOSE OF NEWS REPORTING  WHERE  THE  SYNTHETIC  MEDIA  IS  NOT
 DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
 ITY;
   (C) DISSEMINATION OR PUBLICATION OF SYNTHETIC MEDIA DEPICTING A PERSON
 OR  PERSONS  WHERE  THE  PERSON WHO CREATED THE SYNTHETIC MEDIA RECEIVED
 CONSENT FROM ALL PERSONS DEPICTED;
   (D) DISSEMINATION OR PUBLICATION OF  A  FABRICATED  RECORD  WHERE  THE
 PERSON  REASONABLY BELIEVES THAT THE DISSEMINATION OR PUBLICATION OF THE
 RECORD IS NECESSARY TO PROTECT THEMSELVES FROM SERIOUS BODILY INJURY  OR
 DEATH; OR
   (E)  INITIAL  DISSEMINATION  OR  PUBLICATION OF SYNTHETIC MEDIA BY THE
 PLATFORM OR SERVICE, PROVIDED THAT THE SYNTHETIC MEDIA WAS  NOT  CREATED
 BY  AN  INDIVIDUAL  WHO  IS  DIRECTLY  AFFILIATED  WITH SUCH PLATFORM OR
 SERVICE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

2023-S8400A (ACTIVE) - Details

See Assembly Version of this Bill:: A6790
Current Committee:: Senate Elections
Law Section:: Election Law
Laws Affected:: Add §17-172, El L

2023-S8400A (ACTIVE) - Summary

Prohibits the creation and dissemination of synthetic media within sixty days of an election with intent to unduly influence the outcome of an election; makes such act a class E felony.

2023-S8400A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8400A

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the election law, in relation to prohibiting the
creation and dissemination of synthetic media within sixty days of an
election with intent to unduly influence the outcome of an election

 
PURPOSE OR GENERAL IDEA OF BILL:

Prohibits the creation and dissemination of synthetic media within sixty
days of an election with intent to unduly influence the outcome of an
election.

 
SUMMARY OF PROVISIONS:

17-172(1): Prohibits the act of creating synthetic media with intent to
injure a candidate or influence the outcome of an election and publishes
it within 60 days of an election.

17-172(2): Defines terms.

17-172(3): Excludes certain acts from this section.  Technical amend-
ments

 
DIFFERENCE BETWEEN AMENDED AND ORIGINAL:

 
JUSTIFICATION:

Media plays a critical role in the outcome of elections; elections are
oftentimes won and lost based on a single image video, or audio record-
ing that is circulated. Unfortunately, the rise of advanced synthetic
media tools has made it easier than ever before to manipulate public
opinion. These tools are so sophisticated that even the most astute
observer may not be able to distinguish fact from fiction. With the
availability of these low-cost - and even free tools, those seeking to
influence an election outcome have a frighteningly powerful, inexpen-
sive, low-learning curve weapon at their disposal.

Unlike traditional manipulated media that can be disproven with little
effort, synthetic media is far more difficult to disprove and oftentimes
can may only be disproven based on external knowledge, which may not
even be available or available in time. While fact-checkers can play a
vital role in verifying the authenticity of a photo and limiting its
reach, particularly in larger elections, this is not always the case in
local, city, and even statewide elections. Where a candidate receives
limited media attention, they may be particularly vulnerable to false
media. And in close proximity to an election, there are few.- and possi-
bly no - options for remedying the situation.

The state has a compelling interest in protecting the integrity of its
elections, and the prohibitions of this bill are no more restrictive
than necessary to maintain the integrity of New York's electoral process
and to protect voters from being manipulated. Moreover, implementing
more stringent requirements, such as a synthetic media registry, would
impose significant First Amendment burdens and necessitate the numerous
individual voters to seek out verification of the information in an

extremely short period of time for it to be effective.  The use of
synthetic media poses an unprecedented threat to our

democracy. The very foundation of our democracy rests on the integrity
of our elections, and bad actors who utilize synthetic media to under-
mine this integrity of our elections must be held to account.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:  This act shall take effect on the thirtieth day after
it shall have become a law.

2023-S8400A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8400--A
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  election  law,  in  relation to prohibiting the
   creation and dissemination of synthetic media within sixty days of  an
   election with intent to unduly influence the outcome of an election
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new section  17-172
 to read as follows:
   § 17-172. CREATING SYNTHETIC MEDIA WITH INTENT TO UNDULY INFLUENCE THE
 OUTCOME  OF AN ELECTION. 1. A PERSON WHO, WITH INTENT TO INJURE A CANDI-
 DATE OR UNDULY INFLUENCE THE OUTCOME OF AN ELECTION, CREATES  OR  CAUSES
 TO  BE  CREATED A FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD
 AND CAUSES SUCH FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR  AUDIO  RECORD
 TO  BE  DISSEMINATED OR PUBLISHED WITHIN SIXTY DAYS OF AN ELECTION SHALL
 BE GUILTY OF A CLASS E FELONY.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "SYNTHETIC  MEDIA"  SHALL  MEAN  A STILL IMAGE, VIDEO OR AUDIO RECORDING
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH MEANS OF ADVANCED SYNTHETIC MEDIA TECH-
 NOLOGIES THAT UTILIZE ARTIFICIAL INTELLIGENCE, SUCH AS DEEPFAKES, GENER-
 ATIVE PRE-TRAINED TRANSFORMERS, AND STABLE DIFFUSION; AND
   (III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS  BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
   (B)  "DISSEMINATE"  AND  "PUBLISH"  SHALL  HAVE  THE  SAME MEANINGS AS
 DEFINED IN SECTION 250.40 OF THE PENAL LAW.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10784-05-4

 S. 8400--A                          2
 
   (A) DISSEMINATION OR PUBLICATION OF SYNTHETIC MEDIA THAT  WAS  CREATED
 FOR  THE  PURPOSE OF POLITICAL OR SOCIAL COMMENTARY, PARODY, OR ARTISTIC
 EXPRESSION THAT IS NOT DISSEMINATED OR  PUBLISHED  WITH  THE  INTENT  TO
 MISREPRESENT ITS AUTHENTICITY;
   (B)  DISSEMINATION  OR PUBLICATION OF SYNTHETIC MEDIA THAT WAS CREATED
 FOR THE PURPOSE OF NEWS REPORTING  WHERE  THE  SYNTHETIC  MEDIA  IS  NOT
 DISSEMINATED OR PUBLISHED WITH THE INTENT TO MISREPRESENT ITS AUTHENTIC-
 ITY;
   (C) DISSEMINATION OR PUBLICATION OF SYNTHETIC MEDIA DEPICTING A PERSON
 OR  PERSONS  WHERE  THE  PERSON WHO CREATED THE SYNTHETIC MEDIA RECEIVED
 CONSENT FROM ALL PERSONS DEPICTED;
   (D) DISSEMINATION OR PUBLICATION OF  A  FABRICATED  RECORD  WHERE  THE
 PERSON  REASONABLY BELIEVES THAT THE DISSEMINATION OR PUBLICATION OF THE
 RECORD IS NECESSARY TO PROTECT THEMSELVES FROM SERIOUS BODILY INJURY  OR
 DEATH; OR
   (E)  INITIAL  DISSEMINATION  OR  PUBLICATION OF SYNTHETIC MEDIA BY THE
 PLATFORM OR SERVICE, PROVIDED THAT THE SYNTHETIC MEDIA WAS  NOT  CREATED
 BY  AN  INDIVIDUAL  WHO  IS  DIRECTLY  AFFILIATED  WITH SUCH PLATFORM OR
 SERVICE.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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