S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1342
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by  M. of A. VANEL, GLICK, HYNDMAN, BLUMENCRANZ -- 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 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
   (IV)  BE  USED  AS A TOOL TO SURVEIL A PERSON OR PERSONS WITHOUT THEIR
 CONSENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04104-01-5
 A. 1342                             2
              

 
   (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.
   7. THE ATTORNEY GENERAL SHALL PROMULGATE  ALL  RULES  AND  REGULATIONS
 NECESSARY  FOR  THE  IMPLEMENTATION  OF  THIS SECTION, INCLUDING BUT NOT
 A. 1342                             3
 
 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.