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STATE TECHNOLOGY LAW, OR UNIQUE DEVICE, SYSTEM, OR SERVICE INFORMATION
THAT IS REASONABLY CAPABLE OF BEING ASSOCIATED WITH A PARTICULAR USER,
INCLUDING BUT NOT LIMITED TO AN INTERNET PROTOCOL ADDRESS.
2. "GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" MEANS A CLASS OF AI
MODEL THAT IS SELF-SUPERVISED AND EMULATES THE STRUCTURE AND CHARACTER-
ISTICS OF INPUT DATA TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING,
BUT NOT LIMITED TO, IMAGES, VIDEOS, AUDIO, TEXT, AND OTHER DIGITAL
CONTENT.
3. "SYNTHETIC CONTENT" MEANS AUDIO, IMAGES OR VIDEOS THAT HAVE BEEN
PRODUCED OR SIGNIFICANTLY MODIFIED BY A GENERATIVE ARTIFICIAL INTELLI-
GENCE SYSTEM.
4. "STATE AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
SION SIX OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
5. "GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER" MEANS AN ORGANIZATION
OR INDIVIDUAL THAT CREATES, CODES, SUBSTANTIALLY MODIFIES, OR OTHERWISE
PRODUCES A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM THAT IS MADE
PUBLICLY AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS OF WHETHER
THE TERMS OF SUCH USE INCLUDE COMPENSATION.
6. "GENERATIVE ARTIFICIAL INTELLIGENCE HOSTING PLATFORM" MEANS AN
ONLINE REPOSITORY OR OTHER WEBSITE THAT MAKES A GENERATIVE ARTIFICIAL
INTELLIGENCE SYSTEM AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS
OF WHETHER THE TERMS OF SUCH USE INCLUDE COMPENSATION. GENERATIVE ARTI-
FICIAL INTELLIGENCE HOSTING PLATFORM DOES NOT INCLUDE CLOUD COMPUTING
PLATFORMS OR OTHER SERVICES THAT MAKE GENERATIVE ARTIFICIAL INTELLIGENCE
SYSTEMS AVAILABLE FOR USE BY A NEW YORK STATE RESIDENT SOLELY AT THE
DIRECTION OF OTHERS.
7. "SOCIAL MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS IN SECTION
ELEVEN HUNDRED OF THIS CHAPTER.
8. "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL
ENTITY, THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.
9. "COVERED USER" SHALL MEAN A USER OF A SOCIAL MEDIA PLATFORM IN THE
STATE, NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE OPERATOR
OF SUCH SOCIAL MEDIA PLATFORM OR ANY PORTION THEREOF.
10. "ARTIFICIAL INTELLIGENCE" OR "ARTIFICIAL INTELLIGENCE TECHNOLOGY"
MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DEFINED
OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLUENCING
REAL OR VIRTUAL ENVIRONMENTS, AND THAT USES MACHINE- AND HUMAN-BASED
INPUTS TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH PERCEP-
TIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL
INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
11. "AI MODEL" MEANS AN INFORMATION SYSTEM OR A COMPONENT OF AN INFOR-
MATION SYSTEM THAT IMPLEMENTS ARTIFICIAL INTELLIGENCE TECHNOLOGY AND
USES COMPUTATIONAL, STATISTICAL, OR MACHINE-LEARNING TECHNIQUES TO
PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
§ 1511. GENERATIVE ARTIFICIAL INTELLIGENCE. 1. A GENERATIVE ARTIFICIAL
INTELLIGENCE PROVIDER SHALL APPLY PROVENANCE DATA, EITHER DIRECTLY OR
THROUGH THE USE OF THIRD-PARTY TECHNOLOGY, TO SYNTHETIC CONTENT PRODUCED
OR MODIFIED BY A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM THAT THE
GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER MAKES AVAILABLE.
2. THE APPLICATION OF PROVENANCE DATA TO SYNTHETIC CONTENT, AS
REQUIRED BY THIS SECTION, SHALL, AT A MINIMUM, IDENTIFY THE DIGITAL
CONTENT AS SYNTHETIC AND COMMUNICATE THE FOLLOWING PROVENANCE DATA:
(A) THAT THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL INTELLI-
GENCE;
(B) THE NAME OF THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER;
(C) THE TIME AND DATE THE PROVENANCE DATA WAS APPLIED;
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(D) THE SPECIFIC PORTIONS OF THE CONTENT THAT ARE SYNTHETIC;
(E) THE TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
THE IMAGE, AUDIO, OR VIDEO, TO THE EXTENT THAT THE DEVICE, SYSTEM, OR
SERVICE HAS THE TECHNICAL CAPABILITY TO GENERATE; AND
(F) ANY OTHER ADDITIONAL PROVENANCE DATA SPECIFIED IN REGULATIONS
PROMULGATED PURSUANT TO THIS ARTICLE BY THE ATTORNEY GENERAL.
3. GENERATIVE ARTIFICIAL INTELLIGENCE HOSTING PLATFORMS SHALL NOT MAKE
AVAILABLE A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM WHERE THE HOSTING
PLATFORM KNOWS THAT THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER FOR
THE GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM DOES NOT APPLY PROVENANCE
DATA TO CONTENT CREATED OR SUBSTANTIALLY MODIFIED BY THE ARTIFICIAL
INTELLIGENCE SYSTEM IN A MANNER CONSISTENT WITH SPECIFICATIONS SET FORTH
ABOVE, NOR SHALL A GENERATIVE ARTIFICIAL INTELLIGENCE HOSTING PLATFORM
DELIBERATELY PREVENT A GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER FROM
APPLYING PROVENANCE DATA TO CONTENT CREATED OR SUBSTANTIALLY MODIFIED BY
A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER CONSISTENT WITH
THE SPECIFICATIONS SET FORTH ABOVE.
4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO GENERATIVE ARTI-
FICIAL INTELLIGENCE SYSTEMS THAT WERE CREATED OR MODIFIED AFTER THE
EFFECTIVE DATE OF THIS ARTICLE.
5. IF A VIOLATION OF THIS SECTION IS INTENTIONAL OR IS THE RESULT OF
GROSSLY NEGLIGENT CONDUCT, A PENALTY SHALL BE ASSESSED BY THE ATTORNEY
GENERAL AGAINST THE GENERATIVE ARTIFICIAL INTELLIGENCE HOSTING PLATFORM
OR THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER OF UP TO ONE HUNDRED
THOUSAND DOLLARS FOR EACH VIOLATION. IF A VIOLATION OF THIS ARTICLE IS
UNINTENTIONAL OR IS NOT THE RESULT OF GROSSLY NEGLIGENT CONDUCT, A
PENALTY SHALL BE ASSESSED BY THE ATTORNEY GENERAL AGAINST THE GENERATIVE
ARTIFICIAL INTELLIGENCE HOSTING PLATFORM OR THE GENERATIVE ARTIFICIAL
INTELLIGENCE PROVIDER OF UP TO FIFTY THOUSAND DOLLARS FOR EACH
VIOLATION.
§ 1512. CONTENT PROVENANCE PRESERVATION. 1. A SOCIAL MEDIA PLATFORM
SHALL NOT DELETE, DISASSOCIATE, OR DEGRADE, IN WHOLE OR IN PART, PROVE-
NANCE DATA FROM OR ASSOCIATED WITH CONTENT UPLOADED TO THE SOCIAL MEDIA
PLATFORM BY A COVERED USER, UNLESS AND UNTIL THE CONTENT IS PERMANENTLY
DELETED OR REMOVED FROM THE SOCIAL MEDIA PLATFORM OR THE DELETION,
DISASSOCIATION, OR DEGRADATION OF SUCH CONTENT IS REQUIRED BY LAW.
2. IF A VIOLATION OF THIS SECTION IS INTENTIONAL OR IS THE RESULT OF
GROSSLY NEGLIGENT CONDUCT, A PENALTY SHALL BE ASSESSED BY THE ATTORNEY
GENERAL AGAINST THE COVERED OPERATOR OF THE SOCIAL MEDIA PLATFORM OF UP
TO ONE HUNDRED THOUSAND DOLLARS FOR EACH VIOLATION. IF A VIOLATION OF
THIS SECTION IS UNINTENTIONAL OR IS NOT THE RESULT OF GROSSLY NEGLIGENT
CONDUCT, A PENALTY SHALL BE ASSESSED BY THE ATTORNEY GENERAL AGAINST THE
COVERED OPERATOR OF THE SOCIAL MEDIA PLATFORM OF UP TO FIFTY THOUSAND
DOLLARS FOR EACH VIOLATION.
§ 1513. PROVENANCE DATA REQUIREMENTS. 1. A STATE AGENCY SHALL ENSURE,
TO THE EXTENT PRACTICABLE EITHER THROUGH DIRECT APPLICATION OR THROUGH
THE USE OF THIRD-PARTY TECHNOLOGY, THAT ALL AUDIO, IMAGES AND VIDEOS
PUBLISHED OR DISTRIBUTED ELECTRONICALLY BY THE STATE AGENCY CARRY PROVE-
NANCE DATA.
2. THE APPLICATION OF PROVENANCE DATA TO AUDIO, IMAGES AND VIDEOS, AS
REQUIRED BY THIS ARTICLE, SHALL, AT A MINIMUM, COMMUNICATE THE FOLLOWING
PROVENANCE DATA:
(A) THE TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
THE AUDIO, IMAGE OR VIDEO, TO THE EXTENT THE DEVICE, SYSTEM, OR SERVICE
HAS THE TECHNICAL CAPABILITY TO GENERATE PROVENANCE DATA AT THE TIME THE
AUDIO, IMAGE OR VIDEO WAS GENERATED;
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(B) THE SPECIFIC PORTIONS OF THE AUDIO, IMAGE OR VIDEO THAT ARE
SYNTHETIC CONTENT, IF ANY;
(C) WHETHER THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL INTEL-
LIGENCE;
(D) THE NAME OF THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER USED
TO GENERATE THE SYNTHETIC CONTENT, IF ANY;
(E) THE TIME AND DATE ANY OF THE PROVENANCE DATA DELINEATED IN THIS
SECTION WAS APPLIED; AND
(F) ANY OTHER ADDITIONAL PROVENANCE DATA SPECIFIED IN REGULATIONS
PROMULGATED PURSUANT TO THIS ARTICLE.
§ 1514. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
RULES AND REGULATIONS AS ARE NECESSARY TO EFFECTUATE AND ENFORCE THE
PROVISIONS OF THIS ARTICLE, INCLUDING:
(A) IDENTIFYING ACCEPTABLE METHODS AND FORMATS GENERATIVE ARTIFICIAL
INTELLIGENCE PROVIDERS MAY OR SHALL USE TO APPLY PROVENANCE DATA TO
SYNTHETIC CONTENT PRODUCED OR MODIFIED BY A GENERATIVE ARTIFICIAL INTEL-
LIGENCE SYSTEM PURSUANT TO THIS ARTICLE, AND ANY EXCEPTIONS THERETO;
(B) PROMULGATING SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFEC-
TUATE AND ENFORCE THE PROVISIONS OF SECTION FIFTEEN HUNDRED TWELVE OF
THIS ARTICLE; AND
(C) IDENTIFYING ACCEPTABLE METHODS, FORMATS, AND THIRD-PARTY TECHNOLO-
GIES FOR STATE AGENCIES TO USE TO APPLY PROVENANCE DATA TO IMAGES AND
VIDEOS PUBLISHED OR DISTRIBUTED ELECTRONICALLY PURSUANT TO THIS ARTICLE,
AND ANY EXCEPTIONS THERETO.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law and subdivisions 1, 2, 3 and 4 of section
1511, subdivision 1 of section 1512, and section 1513 of the general
business law, as added by section two of this act, shall expire and be
deemed repealed December 31, 2030. 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.