NY State Senate Bill 2023-S8206

Senate Bill S8206

2023-2024 Legislative Session

Requires the collection of oaths of responsible use from users of certain generative or surveillance advanced artificial intelligence systems

download bill text pdf

Archive: Last Bill Status - In Senate Committee Internet And Technology Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2024	referred to internet and technology

2023-S8206 (ACTIVE) - Details

See Assembly Version of this Bill:: A8105
Current Committee:: Senate Internet And Technology
Law Section:: General Business Law
Laws Affected:: Add §394-cccc, Gen Bus L
Versions Introduced in 2025-2026 Legislative Session:: A1342

2023-S8206 (ACTIVE) - Summary

Requires the collection of oaths of responsible use from users of certain generative or surveillance advanced artificial intelligence systems by the operators of such systems, and transmission of such oaths to the attorney general.

2023-S8206 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8206

SPONSOR: COONEY
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring the
collection of oaths of responsible use from users of certain generative
or surveillance advanced artificial intelligence systems

 
PURPOSE OR GENERAL IDEA OF BILL:

Requires the collection of oaths of responsible use from users of
certain high-impact advanced artificial intelligence systems.

 
SUMMARY OF SPECIFIC PROVISIONS:

394-cccc(l): Provides definitions.

394-cccc(2): Requires operators of all high-impact advanced artificial
intelligence platforms to require users to create an account to use
their systems and submit an oath that such users will not engage in or
have engaged in certain action stated by the oath. Such oath shall be

signed and submitted on the 90th day after it was last submitted or the
next time the person uses the platform later the 90-day period.

394-cccc(3): Provides that such oath shall be sworn under penalty of
perjury under 210.45 of the penal law.

394-cccc(4): Requires that operators collect and submit such oaths to
the attorney general within thirty days of receipt. Sets forth a penalty
of $3,000 per oath that is not submitted, or the amount of profit
derived from the user, whichever is greater.

394-cccc(5): Provides that no operator may augment, add or delete any
provision absent a request from the attorney general.

394-cccc(6) Provides that users will not be liable where the operator
fails to present, collect, or submit an oath.

 
JUSTIFICATION:

Publicly accessible software powered by advanced artificial intelligence
systems has become increasingly prevalent in the United States. Today,
every person with access to the internet can use these artificial intel-
ligence systems - many for free, and most for a low price - that can do
things thought impossible only a year ago.

For example, AI systems can, in seconds - and some in minutes - generate
human-like content such as images, videos, and audio. They can even
engage in human-like conversation and can be tailored to have personal-
ized personalities. These systems create endless possibilities for
people to express themselves in the manner they see fit, yet their
human-like qualities also have the ability to deceive others. For exam-
ple, AI audio systems can recreate a person's voice with extreme accura-
cy and believability with mere seconds-long samples; AI photo synthesiz-
er systems can create photographs of famous or private figures engaging
in any act or in any scenario; AI video generators, while still in their
infancy, will soon have the ability to create realistic videos of
persons of events; and AI text-generators can replicate the speaking
patterns of any person when given samples and can generate human-like
text or engage in human-like conversations with an extremely high degree
of believability.

Media, be it social media or news media, drive public debate. In today's
world, information can reach all ends of the Earth in an instant. The
ease at which public debate can be manipulated is reaching its apex. We
are also concerned not just with media manipulation for widely-reported
persons and events, but with persons in small communities and communi-
ties themselves who may not have the resources to counter the outputs of
these high-impact systems.  To mitigate misuse of these platforms with-
out overburdening users, platforms, or innovation, we ought to require
the simple step of requiring users to state, under oath and under penal-
ty of perjury, that they will not engage in the types of actions that
can have a devastating effect on public debate, public safety, and indi-
vidualized reputational protection to ensure that users understand that
unique gravity ofòusing these systems to engage in harmful conduct.

 
PRIOR LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth date after it shall have
become 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.

2023-S8206 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8206
 
                             I N  S E N A T E
 
                             January 12, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13094-04-4
 S. 8206                             2
 
 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
 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
 S. 8206                             3
 
 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.

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