S T A T E O F N E W Y O R K
________________________________________________________________________
8158
2023-2024 Regular Sessions
I N A S S E M B L Y
October 16, 2023
___________
Introduced by M. of A. FAHY -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring
publications to identify when the use of artificial intelligence is
present within such publication
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
338 to read as follows:
§ 338. GENERATIVE ARTIFICIAL INTELLIGENCE. 1. FOR PURPOSES OF THIS
SECTION, "GENERATIVE ARTIFICIAL INTELLIGENCE" SHALL MEAN THE USE OF
MACHINE LEARNING TECHNOLOGY, SOFTWARE, AUTOMATION, AND ALGORITHMS TO
PERFORM TASKS OR TO MAKE RULES AND/OR PREDICTIONS BASED ON EXISTING DATA
SETS AND INSTRUCTIONS, INCLUDING, BUT NOT LIMITED TO:
(A) 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;
(B) 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;
(C) AN ARTIFICIAL SYSTEM DESIGNED TO THINK OR ACT LIKE A HUMAN,
INCLUDING COGNITIVE ARCHITECTURES AND NEURAL NETWORKS;
(D) A SET OF TECHNIQUES, INCLUDING MACHINE LEARNING, THAT IS DESIGNED
TO APPROXIMATE A COGNITIVE TASK; OR
(E) 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.
2. EVERY NEWSPAPER, MAGAZINE OR OTHER PUBLICATION PRINTED OR ELECTRON-
ICALLY PUBLISHED IN THIS STATE, WHICH CONTAINS AN ARTICLE, PERIODICAL,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13443-01-3
A. 8158 2
PHOTOGRAPH, VIDEO OR OTHER VISUAL IMAGE WHICH WAS WHOLLY OR PARTIALLY
COMPOSED OR AUTHORED THROUGH THE USE OF GENERATIVE ARTIFICIAL INTELLI-
GENCE OR OTHER INFORMATION COMMUNICATION TECHNOLOGY, SHALL CONSPICUOUSLY
IMPRINT ON THE TOP OF THE PAGE OR WEBPAGE OF SUCH PUBLICATION THAT SUCH
ARTICLE, PERIODICAL, PHOTOGRAPH, VIDEO OR OTHER VISUAL IMAGE WAS
COMPOSED THROUGH THE USE OF ARTIFICIAL INTELLIGENCE OR OTHER INFORMATION
COMMUNICATION TECHNOLOGY.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.