Senate Bill S8400A

2023-2024 Legislative Session

Prohibits the creation and dissemination of synthetic media within sixty days of an election with intent to unduly influence the outcome of an election

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Elections 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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Bill Amendments

2023-S8400 - Details

See Assembly Version of this Bill:
A6790
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add §17-172, El L

2023-S8400 - Summary

Prohibits the creation and dissemination of synthetic media within sixty days of an election with intent to unduly influence the outcome of an election; makes such act a class E felony.

2023-S8400 - Sponsor Memo

2023-S8400 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8400
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend  the  election  law,  in  relation  to  prohibiting  the
   creation of synthetic media with intent to influence the outcome of an
   election
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new section  17-172
 to read as follows:
   §  17-172.  CREATING  SYNTHETIC  MEDIA  WITH  INTENT  TO INFLUENCE THE
 OUTCOME OF AN ELECTION. 1. A PERSON WHO, WITH INTENT TO INJURE A  CANDI-
 DATE  OR  INFLUENCE  THE OUTCOME OF AN ELECTION, CREATES OR CAUSES TO BE
 CREATED A FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC,  OR  AUDIO  RECORD  AND
 CAUSES SUCH FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD TO BE
 DISSEMINATED  OR  PUBLISHED  WITHIN  SIXTY  DAYS OF AN ELECTION SHALL BE
 GUILTY OF A CLASS E FELONY.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "SYNTHETIC  MEDIA"  SHALL  MEAN  A STILL IMAGE, VIDEO OR AUDIO RECORDING
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH MEANS OF ADVANCED SYNTHETIC MEDIA TECH-
 NOLOGIES THAT UTILIZE ARTIFICIAL INTELLIGENCE, SUCH AS DEEPFAKES, GENER-
 ATIVE PRE-TRAINED TRANSFORMERS, AND STABLE DIFFUSION; AND
   (III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS  BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
   (B)  "DISSEMINATE"  AND  "PUBLISH"  SHALL  HAVE  THE  SAME MEANINGS AS
 DEFINED IN SECTION 250.40 OF THE PENAL LAW.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
   (A) DISSEMINATION OR PUBLICATION OF SYNTHETIC MEDIA THAT  WAS  CREATED
 FOR  THE  PURPOSE OF POLITICAL OR SOCIAL COMMENTARY, PARODY, OR ARTISTIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10784-03-3
              

2023-S8400A (ACTIVE) - Details

See Assembly Version of this Bill:
A6790
Current Committee:
Senate Elections
Law Section:
Election Law
Laws Affected:
Add §17-172, El L

2023-S8400A (ACTIVE) - Summary

Prohibits the creation and dissemination of synthetic media within sixty days of an election with intent to unduly influence the outcome of an election; makes such act a class E felony.

2023-S8400A (ACTIVE) - Sponsor Memo

2023-S8400A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8400--A
 
                             I N  S E N A T E
 
                             January 26, 2024
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Elections  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  election  law,  in  relation to prohibiting the
   creation and dissemination of synthetic media within sixty days of  an
   election with intent to unduly influence the outcome of an election
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The election law is amended by adding a new section  17-172
 to read as follows:
   § 17-172. CREATING SYNTHETIC MEDIA WITH INTENT TO UNDULY INFLUENCE THE
 OUTCOME  OF AN ELECTION. 1. A PERSON WHO, WITH INTENT TO INJURE A CANDI-
 DATE OR UNDULY INFLUENCE THE OUTCOME OF AN ELECTION, CREATES  OR  CAUSES
 TO  BE  CREATED A FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR AUDIO RECORD
 AND CAUSES SUCH FABRICATED PHOTOGRAPHIC, VIDEOGRAPHIC, OR  AUDIO  RECORD
 TO  BE  DISSEMINATED OR PUBLISHED WITHIN SIXTY DAYS OF AN ELECTION SHALL
 BE GUILTY OF A CLASS E FELONY.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "FABRICATED  PHOTOGRAPHIC,  VIDEOGRAPHIC,  OR  AUDIO  RECORD"  OR
 "SYNTHETIC  MEDIA"  SHALL  MEAN  A STILL IMAGE, VIDEO OR AUDIO RECORDING
 THAT:
   (I) EXHIBITS A HIGH LEVEL OF  AUTHENTICITY  OR  CONVINCING  APPEARANCE
 THAT IS VISUALLY OR AUDIBLY INDISTINGUISHABLE FROM REALITY;
   (II)  IS  EITHER MANIPULATED OR ENTIRELY ARTIFICIAL, INCLUDING BUT NOT
 LIMITED TO, MANIPULATION THROUGH MEANS OF ADVANCED SYNTHETIC MEDIA TECH-
 NOLOGIES THAT UTILIZE ARTIFICIAL INTELLIGENCE, SUCH AS DEEPFAKES, GENER-
 ATIVE PRE-TRAINED TRANSFORMERS, AND STABLE DIFFUSION; AND
   (III) DEPICTS A SCENARIO THAT DID NOT ACTUALLY OCCUR OR THAT HAS  BEEN
 ALTERED IN A SIGNIFICANT WAY FROM HOW THEY ACTUALLY OCCURRED.
   (B)  "DISSEMINATE"  AND  "PUBLISH"  SHALL  HAVE  THE  SAME MEANINGS AS
 DEFINED IN SECTION 250.40 OF THE PENAL LAW.
   3. THIS SECTION SHALL NOT APPLY TO THE FOLLOWING:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10784-05-4
              

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