S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6540
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Science and Technology
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   generative  artificial  intelligence  providers  to include provenance
   data on synthetic content produced or modified by a generative artifi-
   cial intelligence system that the generative  artificial  intelligence
   provider  makes  available;  and  providing  for the repeal of certain
   provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "stop deep-
 fakes act".
   §  2. The general business law is amended by adding a new article 45-A
 to read as follows:
                               ARTICLE 45-A
                            STOP DEEPFAKES ACT
 SECTION 1510. DEFINITIONS.
         1511. GENERATIVE ARTIFICIAL INTELLIGENCE.
         1512. CONTENT PROVENANCE PRESERVATION.
         1513. PROVENANCE DATA REQUIREMENTS.
         1514. RULEMAKING AUTHORITY.
   § 1510. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "PROVENANCE DATA" MEANS DATA THAT RECORDS THE ORIGIN OR HISTORY  OF
 DIGITAL  CONTENT AND IS COMMUNICATED AS A CONTENT CREDENTIAL PURSUANT TO
 THE TECHNICAL SPECIFICATION FOR CONTENT  CREDENTIALS  PUBLISHED  BY  THE
 COALITION  FOR CONTENT PROVENANCE AND AUTHENTICITY, AND WHICH DISCLOSES:
 (A) INFORMATION ABOUT THE ORIGIN OR CREATION OF  THE  CONTENT;  (B)  ANY
 SUBSEQUENT  EDITING  OR MODIFICATION TO THE CONTENT OR ITS METADATA; AND
 (C) ANY USE OF GENERATIVE ARTIFICIAL INTELLIGENCE IN GENERATING OR MODI-
 FYING THE CONTENT. "PROVENANCE DATA" DOES NOT INCLUDE PERSONAL  INFORMA-
 TION  AS  DEFINED  IN SUBDIVISION FIVE OF SECTION TWO HUNDRED TWO OF THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07930-04-5
              

 A. 6540                             2
 
 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;
 A. 6540                             3
 
   (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.