Assembly Bill A235

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    235
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in  relation  to  unauthorized
   depictions of public officials generated by artificial intelligence

   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
 390-f to read as follows:
   § 390-F. UNAUTHORIZED DEPICTIONS  OF  PUBLIC  OFFICIALS  GENERATED  BY
 ARTIFICIAL INTELLIGENCE. 1. AS USED IN THIS SECTION, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "VISUAL  OR  AUDIO  GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" OR
 "COVERED SYSTEM" SHALL MEAN ANY ARTIFICIAL INTELLIGENCE SYSTEM  THAT  IS
 ACCESSIBLE  TO  NEW YORK RESIDENTS WHOSE PRIMARY FUNCTION IS TO GENERATE
 VISUAL OR AUDITORY MEDIA.
   (B) "ARTIFICIAL INTELLIGENCE" SHALL MEAN A MACHINE-BASED  SYSTEM  THAT
 CAN,  FOR  A  GIVEN  SET  OF HUMAN-DEFINED OBJECTIVES, MAKE PREDICTIONS,
 RECOMMENDATIONS, OR DECISIONS INFLUENCING REAL OR VIRTUAL  ENVIRONMENTS.
 ARTIFICIAL  INTELLIGENCE  SYSTEMS USE MACHINE- AND HUMAN-BASED INPUTS TO
 PERCEIVE REAL AND VIRTUAL ENVIRONMENTS; ABSTRACT SUCH  PERCEPTIONS  INTO
 MODELS  THROUGH ANALYSIS IN AN AUTOMATED MANNER; AND USE MODEL INFERENCE
 TO FORMULATE OPTIONS FOR INFORMATION OR ACTION. THIS DEFINITION INCLUDES
 BUT IS NOT LIMITED TO SYSTEMS THAT USE MACHINE LEARNING, LARGE  LANGUAGE
 MODELS,  NATURAL  LANGUAGE PROCESSING, AND COMPUTER VISION TECHNOLOGIES,
 INCLUDING GENERATIVE ARTIFICIAL INTELLIGENCE.
   (C) "COVERED PERSON" SHALL MEAN ANY PERSON HOLDING A PUBLIC OFFICE  OR
 A  CANDIDATE FOR PUBLIC OFFICE. IN THE CONTEXT OF NOTICE, COVERED PERSON
 SHALL INCLUDE THE COVERED PERSON'S  AGENT,  EMPLOYEE  OR  REPRESENTATIVE
 ACTING AT THE DIRECTION OF THE COVERED PERSON.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01919-01-5
              

 A. 235                              2
 
   2.  THE  OWNER,  LICENSEE  OR OPERATOR OF A VISUAL OR AUDIO GENERATIVE
 ARTIFICIAL INTELLIGENCE SYSTEM SHALL IMPLEMENT A  REASONABLE  METHOD  TO
 PROHIBIT  ITS USERS FROM CREATING UNAUTHORIZED REALISTIC DEPICTIONS OF A
 COVERED PERSON WITHIN SIXTY DAYS  OF  BEING  NOTIFIED  BY  SUCH  COVERED
 PERSON  THAT  SUCH COVERED PERSON DOES NOT WANT A REALISTIC DEPICTION OF
 THEMSELVES TO BE GENERATED BY THE OWNER, LICENSEE OR OPERATOR'S  SYSTEM.
 AN  IMPLEMENTED METHOD TO PREVENT THE UNAUTHORIZED CREATION OF REALISTIC
 DEPICTIONS OF A COVERED PERSON SHALL BE CONSIDERED REASONABLE  WHEN  THE
 OWNER,  LICENSEE  OR  OPERATOR  OF  THE COVERED SYSTEM HAS IMPLEMENTED A
 METHOD THAT, IN RELATION TO THE  METHOD  OF  USER  INPUTS  USED  BY  THE
 COVERED  SYSTEM,  IS  CONSISTENT  WITH  INDUSTRY  STANDARDS,  NOT OVERLY
 BURDENSOME ON THE SYSTEM, COST-EFFECTIVE TO IMPLEMENT AND  MAINTAIN  AND
 IS UP TO DATE.
   3. THE OWNER, LICENSEE OR OPERATOR OF A COVERED SYSTEM SHALL IMPLEMENT
 A  REASONABLE  METHOD  FOR  COVERED PERSONS TO SEND NOTICE TO THEM UNDER
 THIS SECTION PROVIDED THAT SUCH METHOD IS EASY  TO  ACCESS,  UNDERSTAND,
 COMPLETE  AND  SEND  AND  THAT SUCH METHOD PROVIDES CLEAR UPDATES TO THE
 SENDER ON THE STATUS OF THEIR REQUEST IN A  TIMELY  MANNER.  THE  OWNER,
 LICENSEE  OR OPERATOR OF A COVERED SYSTEM MAY REQUEST A REASONABLE MEANS
 OF IDENTIFICATION TO PROCESS SUCH REQUESTS.
   4. NOTHING IN THIS SECTION SHALL PROHIBIT THE OWNER, LICENSEE OR OPER-
 ATOR OF A COVERED SYSTEM  FROM  IMPLEMENTING  REASONABLE  SAFEGUARDS  TO
 PERMIT  THE  COVERED  PERSON, THEIR AGENT, EMPLOYEE OR REPRESENTATIVE TO
 USE SUCH COVERED SYSTEM TO GENERATE REALISTIC DEPICTIONS OF SUCH COVERED
 PERSON, PROVIDED HOWEVER THAT SUCH OWNER, LICENSEE OR OPERATOR  OF  SUCH
 COVERED  SYSTEM  SHALL  BE  LIABLE  IN  THE  SAME  MANNER AS IF THEY HAD
 VIOLATED SUBDIVISION TWO OF THIS SECTION WHERE SUCH SAFEGUARDS  ARE  NOT
 REASONABLE.  A  SAFEGUARD  IS CONSIDERED REASONABLE FOR PURPOSES OF THIS
 SUBDIVISION WHERE THE OWNER, LICENSEE OR OPERATOR OF  A  COVERED  SYSTEM
 IMPLEMENTS  MEASURES  THAT  ARE  CONSISTENT WITH INDUSTRY STANDARDS, NOT
 OVERLY BURDENSOME ON THE SYSTEM, COST-EFFECTIVE TO IMPLEMENT  AND  MAIN-
 TAIN AND ARE UP TO DATE.
   5. THE OWNER, LICENSEE OR OPERATOR OF A COVERED SYSTEM SHALL BE LIABLE
 TO  A  COVERED PERSON IN AN AMOUNT OF ONE HUNDRED DOLLARS PER DEPICTION,
 BUT NOT MORE THAN ONE HUNDRED THOUSAND DOLLARS IN THE AGGREGATE,  GENER-
 ATED  ON  THEIR  SYSTEM BY A USER OTHER THAN THE COVERED PERSON OR THEIR
 AGENT, EMPLOYEE, REPRESENTATIVE, OR ANOTHER AT  THE  DIRECTION  OF  THEM
 CREATED  OUTSIDE  OF  THE  PERIOD  PRESCRIBED BY THIS SECTION WHERE SUCH
 OWNER, LICENSEE OR OPERATOR OF SUCH COVERED SYSTEM FAILS TO IMPLEMENT  A
 REASONABLE  METHOD  TO  PREVENT  THE  UNAUTHORIZED CREATION OF REALISTIC
 DEPICTIONS OF A COVERED PERSON WITHIN THE  PERIODS  PRESCRIBED  IN  THIS
 SECTION.  THE  OWNER, LICENSEE OR OPERATOR OF A COVERED SYSTEM SHALL NOT
 BE LIABLE TO A COVERED PERSON WHERE SUCH OWNER, LICENSEE OR OPERATOR  IS
 UNABLE  TO  PREVENT  THE  UNAUTHORIZED DEPICTIONS OF SUCH COVERED PERSON
 AFTER IMPLEMENTING A REASONABLE METHOD, NOR SHALL THEY BE LIABLE FOR ANY
 UNAUTHORIZED REALISTIC DEPICTIONS THAT ARE INCIDENTAL OR WERE CREATED IN
 AN UNFORESEEABLE WAY.
   6. THIS SECTION SHALL NOT APPLY TO THE OWNER, LICENSEE OR OPERATOR  OF
 A  VISUAL  OR  AUDIO GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM WHERE THE
 VISUAL OR AUDIO OUTPUTS OF THE SYSTEM ARE PROCESSED  BY  A  THIRD  PARTY
 THAT HAS NO OWNERSHIP OR CONTROL OVER THE UNDERLYING GENERATIVE MODEL.
   §  2. This act shall take effect one year after it shall have become a
 law.