S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9181
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by  M.  of  A.  BLUMENCRANZ -- read once and referred to the
   Committee on Science and Technology
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   social  media  platforms  to  promptly remove unlawful publications of
   intimate images, including those created by digitization or generative
   artificial intelligence; and to amend the penal law,  in  relation  to
   increasing  criminal  penalties for unlawful dissemination or publica-
   tion of intimate  images  created  by  digitization  and  of  sexually
   explicit depictions of an individual
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Swift Act".
   § 2. The general business law is amended by adding a new article 45 to
 read as follows:
 
                                ARTICLE 45
    REMOVAL OF UNLAWFUL PUBLICATIONS OF INTIMATE IMAGES ON SOCIAL MEDIA
                                 PLATFORMS
 
 SECTION 1500. DEFINITIONS.
         1501. REQUIREMENT  OF  SOCIAL MEDIA PLATFORMS TO PROMPTLY REMOVE
                 UNLAWFUL PUBLICATIONS OF INTIMATE IMAGES.
         1502. ENFORCEMENT.
   § 1500. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE,  THE  FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "INTIMATE IMAGE" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
 SION ONE OF SECTION 245.15 OF THE PENAL LAW.
   2.  "DIGITIZATION"  SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
 SION TWO OF SECTION 245.15 OF THE PENAL LAW.
   3. "GENERATIVE ARTIFICIAL  INTELLIGENCE"  MEANS  TECHNOLOGY  THAT  CAN
 GENERATE OR SUBSTANTIALLY MODIFY CONTENT, INCLUDING TEXT, IMAGES, AUDIO,
 VIDEO, OR MULTIMEDIA WHEN PROMPTED BY A USER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14328-01-4
              

 A. 9181                             2
 
   4.  "PUBLISH" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION 250.40
 OF THE PENAL LAW.
   5. "SOCIAL MEDIA PLATFORM" MEANS A PUBLIC OR SEMIPUBLIC INTERNET-BASED
 SERVICE OR APPLICATION THAT HAS USERS IN NEW YORK AND THAT MEETS BOTH OF
 THE FOLLOWING CRITERIA:
   (A) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS TO CONNECT
 USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITH-
 IN  THE  SERVICE  OR APPLICATION. A SERVICE OR APPLICATION THAT PROVIDES
 EMAIL OR DIRECT MESSAGING SERVICES SHALL NOT BE CONSIDERED TO MEET  THIS
 CRITERION ON THE BASIS OF THAT FUNCTION ALONE.
   (B)  THE  SERVICE OR APPLICATION ALLOWS USERS TO DO ALL OF THE FOLLOW-
 ING:
   (I) CONSTRUCT A PUBLIC OR SEMIPUBLIC PROFILE FOR PURPOSES  OF  SIGNING
 INTO AND USING THE SERVICE OR APPLICATION;
   (II)  POPULATE  A LIST OF OTHER USERS WITH WHOM AN INDIVIDUAL SHARES A
 SOCIAL CONNECTION WITHIN THE SYSTEM; AND
   (III) CREATE OR POST CONTENT  VIEWABLE  OR  AUDIBLE  BY  OTHER  USERS,
 INCLUDING,  BUT  NOT LIMITED TO, LIVESTREAMS, ON MESSAGE BOARDS, IN CHAT
 ROOMS, OR THROUGH A LANDING PAGE OR MAIN FEED  THAT  PRESENTS  THE  USER
 WITH CONTENT GENERATED BY OTHER USERS.
   §  1501.  REQUIREMENT  OF  SOCIAL  MEDIA  PLATFORMS TO PROMPTLY REMOVE
 UNLAWFUL PUBLICATIONS OF INTIMATE IMAGES.
   1. FOLLOWING A REPORT TO A SOCIAL  MEDIA  PLATFORM  THAT  AN  INTIMATE
 IMAGE,  INCLUDING THOSE CREATED BY DIGITIZATION OR GENERATIVE ARTIFICIAL
 INTELLIGENCE, HAS BEEN UNLAWFULLY PUBLISHED ON SAID SOCIAL  MEDIA  PLAT-
 FORM,  THE SUBJECT REPORT MUST BE PROMPTLY INVESTIGATED FOR CREDIBILITY,
 AND IF DEEMED CREDIBLE, THE SUBJECT IMAGE MUST BE  PROMPTLY  REMOVED  BY
 THE  OPERATOR  OF  THE SOCIAL MEDIA PLATFORM WITHIN TWENTY-FOUR HOURS OF
 THE SUBMISSION OF THE REPORT.
   2. UPON A FINDING OF CREDIBILITY BY THE SOCIAL MEDIA PLATFORM  THAT  A
 REPORT  THAT  AN  INTIMATE  IMAGE  HAS BEEN UNLAWFULLY PUBLISHED ON SAID
 SOCIAL MEDIA PLATFORM, THE REPORT, ACCOMPANIED WITH ANY AND ALL  IDENTI-
 FYING  INFORMATION OF THE PUBLISHER OF THE UNLAWFULLY PUBLISHED INTIMATE
 IMAGE, MUST BE REPORTED TO THE OFFICE OF THE ATTORNEY GENERAL.
   § 1502. ENFORCEMENT. WHENEVER IT APPEARS TO THE ATTORNEY GENERAL, UPON
 REPORT, COMPLAINT OR OTHERWISE BY  A  SOCIAL  MEDIA  PLATFORM  OR  OTHER
 PERSON  OR  ENTITY,  THAT  ANY  PERSON, WITHIN OR OUTSIDE THE STATE, HAS
 UNLAWFULLY PUBLISHED AN INTIMATE  IMAGE  ON  A  SOCIAL  MEDIA  PLATFORM,
 INCLUDING  AN  IMAGE  CREATED  BY  DIGITIZATION OR GENERATIVE ARTIFICIAL
 INTELLIGENCE, THE ATTORNEY  GENERAL  MAY  BRING  AN  ACTION  OR  SPECIAL
 PROCEEDING  IN  THE NAME AND ON BEHALF OF THE PEOPLE OF THE STATE OF NEW
 YORK TO ENJOIN ANY VIOLATION OF THIS ARTICLE, TO OBTAIN  RESTITUTION  OF
 ANY  MONIES  OR  PROPERTY  OBTAINED  DIRECTLY  OR INDIRECTLY BY ANY SUCH
 VIOLATION, TO OBTAIN DISGORGEMENT  OF  ANY  PROFITS  OR  GAINS  OBTAINED
 DIRECTLY  OR  INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN DAMAGES CAUSED
 DIRECTLY OR INDIRECTLY BY ANY SUCH VIOLATION, TO OBTAIN CIVIL  PENALTIES
 OF  UP  TO TWENTY-FIVE THOUSAND DOLLARS PER VIOLATION, AND TO OBTAIN ANY
 SUCH OTHER AND FURTHER RELIEF AS THE COURT  MAY  DEEM  PROPER  INCLUDING
 PRELIMINARY RELIEF.
   §  3.  The  closing  paragraph  of section 245.15 of the penal law, as
 added by chapter 109 of the laws of 2019, is amended to read as follows:
   Unlawful dissemination or publication of an intimate image is a  class
 [A misdemeanor] E FELONY.
   § 4. This act shall take effect immediately.