Assembly Bill A6540E

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6540
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Science and Technology
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   generative  artificial  intelligence  providers  to include provenance
   data on synthetic content produced or modified by a generative artifi-
   cial intelligence system that the generative  artificial  intelligence
   provider  makes  available;  and  providing  for the repeal of certain
   provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "stop deep-
 fakes act".
   §  2. The general business law is amended by adding a new article 45-A
 to read as follows:
                               ARTICLE 45-A
                            STOP DEEPFAKES ACT
 SECTION 1510. DEFINITIONS.
         1511. GENERATIVE ARTIFICIAL INTELLIGENCE.
         1512. CONTENT PROVENANCE PRESERVATION.
         1513. PROVENANCE DATA REQUIREMENTS.
         1514. RULEMAKING AUTHORITY.
   § 1510. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "PROVENANCE DATA" MEANS DATA THAT RECORDS THE ORIGIN OR HISTORY  OF
 DIGITAL  CONTENT AND IS COMMUNICATED AS A CONTENT CREDENTIAL PURSUANT TO
 THE TECHNICAL SPECIFICATION FOR CONTENT  CREDENTIALS  PUBLISHED  BY  THE
 COALITION  FOR CONTENT PROVENANCE AND AUTHENTICITY, AND WHICH DISCLOSES:
 (A) INFORMATION ABOUT THE ORIGIN OR CREATION OF  THE  CONTENT;  (B)  ANY
 SUBSEQUENT  EDITING  OR MODIFICATION TO THE CONTENT OR ITS METADATA; AND
 (C) ANY USE OF GENERATIVE ARTIFICIAL INTELLIGENCE IN GENERATING OR MODI-
 FYING THE CONTENT. "PROVENANCE DATA" DOES NOT INCLUDE PERSONAL  INFORMA-
 TION  AS  DEFINED  IN SUBDIVISION FIVE OF SECTION TWO HUNDRED TWO OF THE

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07930-04-5
              

 A. 6540                             2
 
 STATE TECHNOLOGY LAW, OR UNIQUE DEVICE, SYSTEM, OR  SERVICE  INFORMATION
 THAT  IS  REASONABLY CAPABLE OF BEING ASSOCIATED WITH A PARTICULAR USER,
 INCLUDING BUT NOT LIMITED TO AN INTERNET PROTOCOL ADDRESS.
   2.  "GENERATIVE  ARTIFICIAL  INTELLIGENCE  SYSTEM" MEANS A CLASS OF AI
 MODEL THAT IS SELF-SUPERVISED AND EMULATES THE STRUCTURE AND  CHARACTER-
 ISTICS  OF  INPUT DATA TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING,
 BUT NOT LIMITED TO, IMAGES,  VIDEOS,  AUDIO,  TEXT,  AND  OTHER  DIGITAL
 CONTENT.
   3.  "SYNTHETIC  CONTENT"  MEANS AUDIO, IMAGES OR VIDEOS THAT HAVE BEEN
 PRODUCED OR SIGNIFICANTLY MODIFIED BY A GENERATIVE  ARTIFICIAL  INTELLI-
 GENCE SYSTEM.
   4.  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
 SION SIX OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   5. "GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER" MEANS AN ORGANIZATION
 OR INDIVIDUAL THAT CREATES, CODES, SUBSTANTIALLY MODIFIES, OR  OTHERWISE
 PRODUCES  A  GENERATIVE  ARTIFICIAL  INTELLIGENCE  SYSTEM  THAT  IS MADE
 PUBLICLY AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS OF WHETHER
 THE TERMS OF SUCH USE INCLUDE COMPENSATION.
   6. "GENERATIVE ARTIFICIAL  INTELLIGENCE  HOSTING  PLATFORM"  MEANS  AN
 ONLINE  REPOSITORY  OR  OTHER WEBSITE THAT MAKES A GENERATIVE ARTIFICIAL
 INTELLIGENCE SYSTEM AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS
 OF WHETHER THE TERMS OF SUCH USE INCLUDE COMPENSATION. GENERATIVE  ARTI-
 FICIAL  INTELLIGENCE  HOSTING  PLATFORM DOES NOT INCLUDE CLOUD COMPUTING
 PLATFORMS OR OTHER SERVICES THAT MAKE GENERATIVE ARTIFICIAL INTELLIGENCE
 SYSTEMS AVAILABLE FOR USE BY A NEW YORK STATE  RESIDENT  SOLELY  AT  THE
 DIRECTION OF OTHERS.
   7.  "SOCIAL  MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS IN SECTION
 ELEVEN HUNDRED OF THIS CHAPTER.
   8. "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER  LEGAL
 ENTITY, THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.
   9.  "COVERED USER" SHALL MEAN A USER OF A SOCIAL MEDIA PLATFORM IN THE
 STATE, NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE  OPERATOR
 OF SUCH SOCIAL MEDIA PLATFORM OR ANY PORTION THEREOF.
   10.  "ARTIFICIAL INTELLIGENCE" OR "ARTIFICIAL INTELLIGENCE TECHNOLOGY"
 MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF  HUMAN-DEFINED
 OBJECTIVES,  MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLUENCING
 REAL OR VIRTUAL ENVIRONMENTS, AND THAT  USES  MACHINE-  AND  HUMAN-BASED
 INPUTS  TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH PERCEP-
 TIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL
 INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
   11. "AI MODEL" MEANS AN INFORMATION SYSTEM OR A COMPONENT OF AN INFOR-
 MATION SYSTEM THAT IMPLEMENTS  ARTIFICIAL  INTELLIGENCE  TECHNOLOGY  AND
 USES  COMPUTATIONAL,  STATISTICAL,  OR  MACHINE-LEARNING  TECHNIQUES  TO
 PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
   § 1511. GENERATIVE ARTIFICIAL INTELLIGENCE. 1. A GENERATIVE ARTIFICIAL
 INTELLIGENCE PROVIDER SHALL APPLY PROVENANCE DATA,  EITHER  DIRECTLY  OR
 THROUGH THE USE OF THIRD-PARTY TECHNOLOGY, TO SYNTHETIC CONTENT PRODUCED
 OR  MODIFIED  BY  A  GENERATIVE  ARTIFICIAL INTELLIGENCE SYSTEM THAT THE
 GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER MAKES AVAILABLE.
   2. THE  APPLICATION  OF  PROVENANCE  DATA  TO  SYNTHETIC  CONTENT,  AS
 REQUIRED  BY  THIS  SECTION,  SHALL,  AT A MINIMUM, IDENTIFY THE DIGITAL
 CONTENT AS SYNTHETIC AND COMMUNICATE THE FOLLOWING PROVENANCE DATA:
   (A) THAT THE CONTENT WAS CREATED OR EDITED USING  ARTIFICIAL  INTELLI-
 GENCE;
   (B) THE NAME OF THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER;
   (C) THE TIME AND DATE THE PROVENANCE DATA WAS APPLIED;
 A. 6540                             3
 
   (D) THE SPECIFIC PORTIONS OF THE CONTENT THAT ARE SYNTHETIC;
   (E)  THE  TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
 THE IMAGE, AUDIO, OR VIDEO, TO THE EXTENT THAT THE  DEVICE,  SYSTEM,  OR
 SERVICE HAS THE TECHNICAL CAPABILITY TO GENERATE; AND
   (F)  ANY  OTHER  ADDITIONAL  PROVENANCE  DATA SPECIFIED IN REGULATIONS
 PROMULGATED PURSUANT TO THIS ARTICLE BY THE ATTORNEY GENERAL.
   3. GENERATIVE ARTIFICIAL INTELLIGENCE HOSTING PLATFORMS SHALL NOT MAKE
 AVAILABLE A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM WHERE THE  HOSTING
 PLATFORM  KNOWS THAT THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER FOR
 THE GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM DOES NOT APPLY  PROVENANCE
 DATA  TO  CONTENT  CREATED  OR  SUBSTANTIALLY MODIFIED BY THE ARTIFICIAL
 INTELLIGENCE SYSTEM IN A MANNER CONSISTENT WITH SPECIFICATIONS SET FORTH
 ABOVE, NOR SHALL A GENERATIVE ARTIFICIAL INTELLIGENCE  HOSTING  PLATFORM
 DELIBERATELY  PREVENT A GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER FROM
 APPLYING PROVENANCE DATA TO CONTENT CREATED OR SUBSTANTIALLY MODIFIED BY
 A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER CONSISTENT  WITH
 THE SPECIFICATIONS SET FORTH ABOVE.
   4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO GENERATIVE ARTI-
 FICIAL  INTELLIGENCE  SYSTEMS  THAT  WERE  CREATED OR MODIFIED AFTER THE
 EFFECTIVE DATE OF THIS ARTICLE.
   5. IF A VIOLATION OF THIS SECTION IS INTENTIONAL OR IS THE  RESULT  OF
 GROSSLY  NEGLIGENT  CONDUCT, A PENALTY SHALL BE ASSESSED BY THE ATTORNEY
 GENERAL AGAINST THE GENERATIVE ARTIFICIAL INTELLIGENCE HOSTING  PLATFORM
 OR  THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER OF UP TO ONE HUNDRED
 THOUSAND DOLLARS FOR EACH VIOLATION. IF A VIOLATION OF THIS  ARTICLE  IS
 UNINTENTIONAL  OR  IS  NOT  THE  RESULT  OF GROSSLY NEGLIGENT CONDUCT, A
 PENALTY SHALL BE ASSESSED BY THE ATTORNEY GENERAL AGAINST THE GENERATIVE
 ARTIFICIAL INTELLIGENCE HOSTING PLATFORM OR  THE  GENERATIVE  ARTIFICIAL
 INTELLIGENCE   PROVIDER  OF  UP  TO  FIFTY  THOUSAND  DOLLARS  FOR  EACH
 VIOLATION.
   § 1512. CONTENT PROVENANCE PRESERVATION. 1. A  SOCIAL  MEDIA  PLATFORM
 SHALL  NOT DELETE, DISASSOCIATE, OR DEGRADE, IN WHOLE OR IN PART, PROVE-
 NANCE DATA FROM OR ASSOCIATED WITH CONTENT UPLOADED TO THE SOCIAL  MEDIA
 PLATFORM  BY A COVERED USER, UNLESS AND UNTIL THE CONTENT IS PERMANENTLY
 DELETED OR REMOVED FROM THE  SOCIAL  MEDIA  PLATFORM  OR  THE  DELETION,
 DISASSOCIATION, OR DEGRADATION OF SUCH CONTENT IS REQUIRED BY LAW.
   2.  IF  A VIOLATION OF THIS SECTION IS INTENTIONAL OR IS THE RESULT OF
 GROSSLY NEGLIGENT CONDUCT, A PENALTY SHALL BE ASSESSED BY  THE  ATTORNEY
 GENERAL  AGAINST THE COVERED OPERATOR OF THE SOCIAL MEDIA PLATFORM OF UP
 TO ONE HUNDRED THOUSAND DOLLARS FOR EACH VIOLATION. IF  A  VIOLATION  OF
 THIS  SECTION IS UNINTENTIONAL OR IS NOT THE RESULT OF GROSSLY NEGLIGENT
 CONDUCT, A PENALTY SHALL BE ASSESSED BY THE ATTORNEY GENERAL AGAINST THE
 COVERED OPERATOR OF THE SOCIAL MEDIA PLATFORM OF UP  TO  FIFTY  THOUSAND
 DOLLARS FOR EACH VIOLATION.
   §  1513. PROVENANCE DATA REQUIREMENTS. 1. A STATE AGENCY SHALL ENSURE,
 TO THE EXTENT PRACTICABLE EITHER THROUGH DIRECT APPLICATION  OR  THROUGH
 THE  USE  OF  THIRD-PARTY  TECHNOLOGY, THAT ALL AUDIO, IMAGES AND VIDEOS
 PUBLISHED OR DISTRIBUTED ELECTRONICALLY BY THE STATE AGENCY CARRY PROVE-
 NANCE DATA.
   2. THE APPLICATION OF PROVENANCE DATA TO AUDIO, IMAGES AND VIDEOS,  AS
 REQUIRED BY THIS ARTICLE, SHALL, AT A MINIMUM, COMMUNICATE THE FOLLOWING
 PROVENANCE DATA:
   (A)  THE  TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
 THE AUDIO, IMAGE OR VIDEO, TO THE EXTENT THE DEVICE, SYSTEM, OR  SERVICE
 HAS THE TECHNICAL CAPABILITY TO GENERATE PROVENANCE DATA AT THE TIME THE
 AUDIO, IMAGE OR VIDEO WAS GENERATED;
 A. 6540                             4
 
   (B)  THE  SPECIFIC  PORTIONS  OF  THE  AUDIO,  IMAGE OR VIDEO THAT ARE
 SYNTHETIC CONTENT, IF ANY;
   (C)  WHETHER THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL INTEL-
 LIGENCE;
   (D) THE NAME OF THE GENERATIVE ARTIFICIAL INTELLIGENCE  PROVIDER  USED
 TO GENERATE THE SYNTHETIC CONTENT, IF ANY;
   (E)  THE  TIME  AND DATE ANY OF THE PROVENANCE DATA DELINEATED IN THIS
 SECTION WAS APPLIED; AND
   (F) ANY OTHER ADDITIONAL  PROVENANCE  DATA  SPECIFIED  IN  REGULATIONS
 PROMULGATED PURSUANT TO THIS ARTICLE.
   § 1514. RULEMAKING AUTHORITY. THE ATTORNEY GENERAL MAY PROMULGATE SUCH
 RULES  AND  REGULATIONS  AS  ARE NECESSARY TO EFFECTUATE AND ENFORCE THE
 PROVISIONS OF THIS ARTICLE, INCLUDING:
   (A) IDENTIFYING ACCEPTABLE METHODS AND FORMATS  GENERATIVE  ARTIFICIAL
 INTELLIGENCE  PROVIDERS  MAY  OR  SHALL  USE TO APPLY PROVENANCE DATA TO
 SYNTHETIC CONTENT PRODUCED OR MODIFIED BY A GENERATIVE ARTIFICIAL INTEL-
 LIGENCE SYSTEM PURSUANT TO THIS ARTICLE, AND ANY EXCEPTIONS THERETO;
   (B) PROMULGATING SUCH RULES AND REGULATIONS AS ARE NECESSARY TO EFFEC-
 TUATE AND ENFORCE THE PROVISIONS OF SECTION FIFTEEN  HUNDRED  TWELVE  OF
 THIS ARTICLE; AND
   (C) IDENTIFYING ACCEPTABLE METHODS, FORMATS, AND THIRD-PARTY TECHNOLO-
 GIES  FOR  STATE  AGENCIES TO USE TO APPLY PROVENANCE DATA TO IMAGES AND
 VIDEOS PUBLISHED OR DISTRIBUTED ELECTRONICALLY PURSUANT TO THIS ARTICLE,
 AND ANY EXCEPTIONS THERETO.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and subdivisions 1, 2, 3  and  4  of  section
 1511,  subdivision  1  of  section 1512, and section 1513 of the general
 business law, as added by section two of this act, shall expire  and  be
 deemed repealed December 31, 2030.  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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6540--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. BORES -- read once and referred to the Committee
   on Science and  Technology  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   generative artificial intelligence  providers  to  include  provenance
   data on synthetic content produced or modified by a generative artifi-
   cial  intelligence  system that the generative artificial intelligence
   provider makes  available;  and  providing  for  the  repeal  of  such
   provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "stop deep-
 fakes act".
   § 2. The general business law is amended by adding a new article  45-A
 to read as follows:
                               ARTICLE 45-A
                            STOP DEEPFAKES ACT
 SECTION 1510. DEFINITIONS.
         1511. GENERATIVE ARTIFICIAL INTELLIGENCE.
         1512. CONTENT PROVENANCE PRESERVATION.
         1513. PROVENANCE DATA REQUIREMENTS.
         1514. ENFORCEMENT BY ATTORNEY GENERAL.
   § 1510. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "PROVENANCE DATA" MEANS DATA THAT RECORDS THE ORIGIN OR HISTORY OF
 DIGITAL CONTENT AND IS COMMUNICATED AS A CONTENT CREDENTIAL PURSUANT  TO
 THE  TECHNICAL  SPECIFICATION  FOR  CONTENT CREDENTIALS PUBLISHED BY THE
 COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY, AND WHICH  DISCLOSES:
 (A)  INFORMATION  ABOUT  THE  ORIGIN OR CREATION OF THE CONTENT; (B) ANY
 SUBSEQUENT EDITING OR MODIFICATION TO THE CONTENT OR ITS  METADATA;  AND
 (C) ANY USE OF GENERATIVE ARTIFICIAL INTELLIGENCE IN GENERATING OR MODI-
 FYING  THE CONTENT. "PROVENANCE DATA" DOES NOT INCLUDE PERSONAL INFORMA-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07930-05-5
              

 A. 6540--A                          2
 
 TION AS DEFINED IN SUBDIVISION FIVE OF SECTION TWO HUNDRED  TWO  OF  THE
 STATE  TECHNOLOGY  LAW, OR UNIQUE DEVICE, SYSTEM, OR SERVICE INFORMATION
 THAT IS REASONABLY CAPABLE OF BEING ASSOCIATED WITH A  PARTICULAR  USER,
 INCLUDING BUT NOT LIMITED TO AN INTERNET PROTOCOL ADDRESS.
   2.  "GENERATIVE  ARTIFICIAL  INTELLIGENCE  SYSTEM" MEANS A CLASS OF AI
 MODEL THAT IS SELF-SUPERVISED AND EMULATES THE STRUCTURE AND  CHARACTER-
 ISTICS  OF  INPUT DATA TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING,
 BUT NOT LIMITED TO, IMAGES,  VIDEOS,  AUDIO,  TEXT,  AND  OTHER  DIGITAL
 CONTENT.
   3.  "SYNTHETIC  CONTENT"  MEANS AUDIO, IMAGES OR VIDEOS THAT HAVE BEEN
 PRODUCED OR SIGNIFICANTLY MODIFIED BY A GENERATIVE  ARTIFICIAL  INTELLI-
 GENCE SYSTEM.
   4.  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
 SION SIX OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   5. "GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER" MEANS AN ORGANIZATION
 OR INDIVIDUAL THAT CREATES, CODES, SUBSTANTIALLY MODIFIES, OR  OTHERWISE
 PRODUCES  A  GENERATIVE  ARTIFICIAL  INTELLIGENCE  SYSTEM  THAT  IS MADE
 PUBLICLY AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS OF WHETHER
 THE TERMS OF SUCH USE INCLUDE COMPENSATION.
   6. "GENERATIVE ARTIFICIAL  INTELLIGENCE  HOSTING  PLATFORM"  MEANS  AN
 ONLINE  REPOSITORY  OR  OTHER WEBSITE THAT MAKES A GENERATIVE ARTIFICIAL
 INTELLIGENCE SYSTEM AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS
 OF WHETHER THE TERMS OF SUCH USE INCLUDE COMPENSATION. GENERATIVE  ARTI-
 FICIAL  INTELLIGENCE  HOSTING  PLATFORM DOES NOT INCLUDE CLOUD COMPUTING
 PLATFORMS OR OTHER SERVICES THAT MAKE GENERATIVE ARTIFICIAL INTELLIGENCE
 SYSTEMS AVAILABLE FOR USE BY A NEW YORK STATE  RESIDENT  SOLELY  AT  THE
 DIRECTION OF OTHERS.
   7.  "SOCIAL  MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS IN SECTION
 ELEVEN HUNDRED OF THIS CHAPTER.
   8. "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER  LEGAL
 ENTITY, THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.
   9.  "COVERED USER" SHALL MEAN A USER OF A SOCIAL MEDIA PLATFORM IN THE
 STATE, NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE  OPERATOR
 OF SUCH SOCIAL MEDIA PLATFORM OR ANY PORTION THEREOF.
   10.  "ARTIFICIAL INTELLIGENCE" OR "ARTIFICIAL INTELLIGENCE TECHNOLOGY"
 MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF  HUMAN-DEFINED
 OBJECTIVES,  MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLUENCING
 REAL OR VIRTUAL ENVIRONMENTS, AND THAT  USES  MACHINE-  AND  HUMAN-BASED
 INPUTS  TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH PERCEP-
 TIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL
 INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
   11. "AI MODEL" MEANS AN INFORMATION SYSTEM OR A COMPONENT OF AN INFOR-
 MATION SYSTEM THAT IMPLEMENTS  ARTIFICIAL  INTELLIGENCE  TECHNOLOGY  AND
 USES  COMPUTATIONAL,  STATISTICAL,  OR  MACHINE-LEARNING  TECHNIQUES  TO
 PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
   § 1511. GENERATIVE ARTIFICIAL INTELLIGENCE. 1. A GENERATIVE ARTIFICIAL
 INTELLIGENCE PROVIDER SHALL APPLY PROVENANCE DATA,  EITHER  DIRECTLY  OR
 THROUGH THE USE OF THIRD-PARTY TECHNOLOGY, TO SYNTHETIC CONTENT PRODUCED
 OR  MODIFIED  BY  A  GENERATIVE  ARTIFICIAL INTELLIGENCE SYSTEM THAT THE
 GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER MAKES AVAILABLE.
   2. THE  APPLICATION  OF  PROVENANCE  DATA  TO  SYNTHETIC  CONTENT,  AS
 REQUIRED  BY  THIS  SECTION,  SHALL,  AT A MINIMUM, IDENTIFY THE DIGITAL
 CONTENT AS SYNTHETIC AND COMMUNICATE THE FOLLOWING PROVENANCE DATA:
   (A) THAT THE CONTENT WAS CREATED OR EDITED USING  ARTIFICIAL  INTELLI-
 GENCE;
   (B) THE NAME OF THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER;
 A. 6540--A                          3
 
   (C) THE TIME AND DATE THE PROVENANCE DATA WAS APPLIED;
   (D) THE SPECIFIC PORTIONS OF THE CONTENT THAT ARE SYNTHETIC;
   (E)  THE  TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
 THE IMAGE, AUDIO, OR VIDEO, TO THE EXTENT THAT THE  DEVICE,  SYSTEM,  OR
 SERVICE HAS THE TECHNICAL CAPABILITY TO GENERATE; AND
   (F)  ANY  OTHER  ADDITIONAL  PROVENANCE  DATA SPECIFIED IN REGULATIONS
 PROMULGATED PURSUANT TO THIS ARTICLE BY THE ATTORNEY GENERAL.
   3. GENERATIVE ARTIFICIAL INTELLIGENCE HOSTING PLATFORMS SHALL NOT MAKE
 AVAILABLE A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM WHERE THE  HOSTING
 PLATFORM  KNOWS THAT THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER FOR
 THE GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM DOES NOT APPLY  PROVENANCE
 DATA  TO  CONTENT  CREATED  OR  SUBSTANTIALLY MODIFIED BY THE ARTIFICIAL
 INTELLIGENCE SYSTEM IN A MANNER CONSISTENT WITH SPECIFICATIONS SET FORTH
 ABOVE, NOR SHALL A GENERATIVE ARTIFICIAL INTELLIGENCE  HOSTING  PLATFORM
 DELIBERATELY  PREVENT A GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER FROM
 APPLYING PROVENANCE DATA TO CONTENT CREATED OR SUBSTANTIALLY MODIFIED BY
 A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER CONSISTENT  WITH
 THE SPECIFICATIONS SET FORTH ABOVE.
   4. THE PROVISIONS OF THIS SECTION SHALL ONLY APPLY TO GENERATIVE ARTI-
 FICIAL  INTELLIGENCE  SYSTEMS  THAT  WERE  CREATED OR MODIFIED AFTER THE
 EFFECTIVE DATE OF THIS ARTICLE.
   § 1512. CONTENT PROVENANCE PRESERVATION. A SOCIAL MEDIA PLATFORM SHALL
 NOT DELETE, DISASSOCIATE, OR DEGRADE, IN WHOLE OR  IN  PART,  PROVENANCE
 DATA  FROM OR ASSOCIATED WITH CONTENT UPLOADED TO THE SOCIAL MEDIA PLAT-
 FORM BY A COVERED USER, UNLESS AND  UNTIL  THE  CONTENT  IS  PERMANENTLY
 DELETED  OR  REMOVED  FROM  THE  SOCIAL  MEDIA PLATFORM OR THE DELETION,
 DISASSOCIATION, OR DEGRADATION OF SUCH CONTENT IS REQUIRED BY LAW.
   § 1513. PROVENANCE DATA REQUIREMENTS. 1. A STATE AGENCY SHALL  ENSURE,
 TO  THE  EXTENT PRACTICABLE EITHER THROUGH DIRECT APPLICATION OR THROUGH
 THE USE OF THIRD-PARTY TECHNOLOGY, THAT ALL  AUDIO,  IMAGES  AND  VIDEOS
 PUBLISHED OR DISTRIBUTED ELECTRONICALLY BY THE STATE AGENCY CARRY PROVE-
 NANCE DATA.
   2.  THE APPLICATION OF PROVENANCE DATA TO AUDIO, IMAGES AND VIDEOS, AS
 REQUIRED BY THIS ARTICLE, SHALL, AT A MINIMUM, COMMUNICATE THE FOLLOWING
 PROVENANCE DATA:
   (A) THE TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED  TO  GENERATE
 THE  AUDIO, IMAGE OR VIDEO, TO THE EXTENT THE DEVICE, SYSTEM, OR SERVICE
 HAS THE TECHNICAL CAPABILITY TO GENERATE PROVENANCE DATA AT THE TIME THE
 AUDIO, IMAGE OR VIDEO WAS GENERATED;
   (B) THE SPECIFIC PORTIONS OF  THE  AUDIO,  IMAGE  OR  VIDEO  THAT  ARE
 SYNTHETIC CONTENT, IF ANY;
   (C)  WHETHER THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL INTEL-
 LIGENCE;
   (D) THE NAME OF THE GENERATIVE ARTIFICIAL INTELLIGENCE  PROVIDER  USED
 TO GENERATE THE SYNTHETIC CONTENT, IF ANY;
   (E)  THE  TIME  AND DATE ANY OF THE PROVENANCE DATA DELINEATED IN THIS
 SECTION WAS APPLIED; AND
   (F) ANY OTHER ADDITIONAL  PROVENANCE  DATA  SPECIFIED  IN  REGULATIONS
 PROMULGATED PURSUANT TO THIS ARTICLE.
   § 1514. ENFORCEMENT  BY  ATTORNEY  GENERAL.  IN  ADDITION TO THE OTHER
 REMEDIES PROVIDED, WHENEVER THERE SHALL BE A VIOLATION OF THIS  ARTICLE,
 APPLICATION  MAY  BE  MADE  BY  THE  ATTORNEY GENERAL IN THE NAME OF THE
 PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDIC-
 TION  BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO
 THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND  RESTRAIN  THE
 CONTINUANCE  OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC-
 A. 6540--A                          4
 
 TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED
 THIS  ARTICLE,  AN  INJUNCTION  MAY  BE ISSUED BY SUCH COURT OR JUSTICE,
 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
 THAT  ANY  PERSON  HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
 SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE  ATTORNEY  GENERAL
 AS  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.   WHENEVER THE  COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT
 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS
 FOR EACH VIOLATION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it  shall  have  become  a  law  and shall expire and be deemed repealed
 December 31, 2030.    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.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6540--B
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. BORES, CUNNINGHAM, KELLES, FORREST, CHANDLER-WA-
   TERMAN, TORRES -- read once and referred to the Committee  on  Science
   and   Technology   --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee on Codes -- reported  and  referred  to  the
   Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   synthetic  content  creations  system  providers to include provenance
   data on synthetic content produced or modified by a synthetic  content
   creations  system that the synthetic content creations system provider
   makes available
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "stop deep-
 fakes act".
   §  2. The general business law is amended by adding a new article 45-A
 to read as follows:
                               ARTICLE 45-A
                            STOP DEEPFAKES ACT
 SECTION 1510. DEFINITIONS.
         1511. SYNTHETIC CONTENT CREATIONS SYSTEM.
         1512. CONTENT PROVENANCE PRESERVATION.
         1513. PROVENANCE DATA REQUIREMENTS.
         1514. ENFORCEMENT BY ATTORNEY GENERAL.
   § 1510. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1. "PROVENANCE DATA" MEANS DATA THAT RECORDS THE ORIGIN OR HISTORY  OF
 DIGITAL  CONTENT AND IS COMMUNICATED AS A CONTENT CREDENTIAL PURSUANT TO
 THE TECHNICAL SPECIFICATION FOR CONTENT  CREDENTIALS  PUBLISHED  BY  THE
 COALITION  FOR  CONTENT  PROVENANCE AND AUTHENTICITY, OR RELEVANT STAND-
 ARDS, GUIDELINES OR SPECIFICATIONS PUBLISHED AFTER THE EFFECTIVE DATE OF

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07930-10-5
              

 A. 6540--B                          2
 
 THIS ARTICLE BY AN ESTABLISHED STANDARDS SETTING BODY, WHICH AT A  MINI-
 MUM  INCLUDES:    (A)  INFORMATION  ABOUT  THE ORIGIN OR CREATION OF THE
 CONTENT; (B) SUBSEQUENT EDITING OR MODIFICATION TO THE  CONTENT  OR  ITS
 METADATA;  AND (C) USE OF A SYNTHETIC CONTENT CREATIONS SYSTEM IN GENER-
 ATING OR MODIFYING THE CONTENT. SUCH INFORMATION SHALL BE  CRYPTOGRAPHI-
 CALLY BOUND TO THE UNDERLYING FILE AND USE SIGNING CREDENTIALS.  "PROVE-
 NANCE  DATA"  SHALL  NOT  INCLUDE  PERSONAL  INFORMATION  AS  DEFINED IN
 SUBDIVISION FIVE OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW,
 OR UNIQUE DEVICE, SYSTEM, OR  SERVICE  INFORMATION  THAT  IS  REASONABLY
 CAPABLE  OF  BEING  ASSOCIATED WITH A PARTICULAR USER, INCLUDING BUT NOT
 LIMITED TO AN INTERNET  PROTOCOL  ADDRESS,  UNLESS  A  USER  CHOOSES  TO
 INCLUDE  SUCH  PERSONAL  INFORMATION IN SUCH DATA DESCRIBED IN PARAGRAPH
 (A), (B), OR (C) OF THIS SUBDIVISION.
   2. "GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" MEANS A CLASS OF  ARTI-
 FICIAL  INTELLIGENCE  MODELS  THAT  ARE  SELF-SUPERVISED AND EMULATE THE
 STRUCTURE AND CHARACTERISTICS OF INPUT DATA TO GENERATE DERIVED SYNTHET-
 IC CONTENT, INCLUDING, BUT NOT LIMITED TO, IMAGES, VIDEOS, AUDIO,  TEXT,
 AND OTHER DIGITAL CONTENT.
   3.  "SYNTHETIC  CONTENT"  MEANS  AUDIO OR VISUAL CONTENT THAT HAS BEEN
 GENERATED OR  MATERIALLY  MODIFIED  BY  A  SYNTHETIC  CONTENT  CREATIONS
 SYSTEM.
   4.  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
 SION SIX OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   5. "SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER" MEANS AN ORGANIZATION
 OR INDIVIDUAL THAT CREATES, CODES, SUBSTANTIALLY MODIFIES, OR  OTHERWISE
 PRODUCES  A  SYNTHETIC  CONTENT  CREATIONS  SYSTEM THAT IS MADE PUBLICLY
 AVAILABLE FOR USE BY A NEW YORK  RESIDENT,  REGARDLESS  OF  WHETHER  THE
 TERMS OF SUCH USE INCLUDE COMPENSATION.
   6.  "SYNTHETIC  CONTENT  CREATIONS  SYSTEM  HOSTING PLATFORM" MEANS AN
 ONLINE REPOSITORY OR  OTHER  WEBSITE  THAT  MAKES  A  SYNTHETIC  CONTENT
 CREATIONS SYSTEM AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS OF
 WHETHER  THE  TERMS OF SUCH USE INCLUDE COMPENSATION.  SYNTHETIC CONTENT
 CREATIONS SYSTEM HOSTING PLATFORM DOES NOT INCLUDE CLOUD COMPUTING PLAT-
 FORMS OR OTHER SERVICES THAT MAKE SYNTHETIC  CONTENT  CREATIONS  SYSTEMS
 AVAILABLE  FOR  USE BY A NEW YORK STATE RESIDENT SOLELY AT THE DIRECTION
 OF OTHERS.
   7. "SOCIAL MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS  IN  SECTION
 ELEVEN HUNDRED OF THIS CHAPTER.
   8.  "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL
 ENTITY, THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.
   9. "COVERED USER" SHALL MEAN A USER OF A SOCIAL MEDIA PLATFORM IN  THE
 STATE,  NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE OPERATOR
 OF SUCH SOCIAL MEDIA PLATFORM OR ANY PORTION THEREOF.
   10. "ARTIFICIAL INTELLIGENCE" OR "ARTIFICIAL INTELLIGENCE  TECHNOLOGY"
 MEANS  A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DEFINED
 OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS  INFLUENCING
 REAL  OR  VIRTUAL  ENVIRONMENTS,  AND THAT USES MACHINE- AND HUMAN-BASED
 INPUTS TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH  PERCEP-
 TIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL
 INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
   11. "AI MODEL" MEANS AN INFORMATION SYSTEM OR A COMPONENT OF AN INFOR-
 MATION  SYSTEM  THAT  IMPLEMENTS  ARTIFICIAL INTELLIGENCE TECHNOLOGY AND
 USES  COMPUTATIONAL,  STATISTICAL,  OR  MACHINE-LEARNING  TECHNIQUES  TO
 PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
   12.   "SYNTHETIC CONTENT CREATIONS SYSTEM" MEANS A CLASS OF GENERATIVE
 ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF  GENERATING  WHOLLY  SYNTHETIC
 A. 6540--B                          3
 
 CONTENT. "SYNTHETIC CONTENT CREATIONS SYSTEM" SHALL NOT INCLUDE TECHNOL-
 OGIES  SUCH AS RED-EYE FILTERS OR OTHER TECHNOLOGIES THAT ARE ONLY CAPA-
 BLE OF MAKING CHANGES TO EXISTING AUDIO OR VISUAL CONTENT.
   §  1511.  SYNTHETIC  CONTENT  CREATIONS SYSTEM. 1. A SYNTHETIC CONTENT
 CREATIONS SYSTEM PROVIDER SHALL APPLY PROVENANCE DATA,  EITHER  DIRECTLY
 OR  THROUGH  THE  USE  OF  THIRD-PARTY  TECHNOLOGY, TO SYNTHETIC CONTENT
 PRODUCED OR MODIFIED BY A SYNTHETIC CONTENT CREATIONS  SYSTEM  THAT  THE
 SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER MAKES AVAILABLE.
   2.  THE  APPLICATION  OF  PROVENANCE  DATA  TO  SYNTHETIC  CONTENT, AS
 REQUIRED BY THIS SECTION, SHALL, AT  A  MINIMUM,  IDENTIFY  THE  DIGITAL
 CONTENT AS SYNTHETIC AND COMMUNICATE THE FOLLOWING PROVENANCE DATA:
   (A)  THAT  THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL INTELLI-
 GENCE;
   (B) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER;
   (C) THE TIME AND DATE THE PROVENANCE DATA WAS APPLIED;
   (D) THE SPECIFIC PORTIONS OF THE CONTENT THAT  THE  SYNTHETIC  CONTENT
 CREATIONS SYSTEM GENERATED;
   (E)  THE  TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
 THE IMAGE, AUDIO, OR VIDEO; AND
   (F) ANY OTHER ADDITIONAL  PROVENANCE  DATA  SPECIFIED  IN  REGULATIONS
 PROMULGATED PURSUANT TO THIS ARTICLE BY THE ATTORNEY GENERAL.
   3. SYNTHETIC CONTENT CREATIONS SYSTEM HOSTING PLATFORMS SHALL NOT MAKE
 AVAILABLE  A  SYNTHETIC CONTENT CREATIONS SYSTEM WHERE THE HOSTING PLAT-
 FORM KNOWS THAT THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER FOR SUCH
 SYSTEM DOES NOT APPLY PROVENANCE DATA TO CONTENT CREATED OR SUBSTANTIAL-
 LY MODIFIED BY THE ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER CONSISTENT
 WITH SPECIFICATIONS SET FORTH IN THIS SECTION,  NOR  SHALL  A  SYNTHETIC
 CONTENT   CREATIONS  SYSTEM  HOSTING  PLATFORM  DELIBERATELY  PREVENT  A
 SYNTHETIC CONTENT CREATIONS SYSTEM  PROVIDER  FROM  APPLYING  PROVENANCE
 DATA TO CONTENT CREATED OR SUBSTANTIALLY MODIFIED BY A SYNTHETIC CONTENT
 CREATIONS  SYSTEM  IN  A  MANNER  CONSISTENT WITH THE SPECIFICATIONS SET
 FORTH ABOVE.
   4. THE PROVISIONS OF  THIS  SECTION  SHALL  ONLY  APPLY  TO  SYNTHETIC
 CONTENT CREATIONS SYSTEMS THAT WERE CREATED OR MODIFIED AFTER THE EFFEC-
 TIVE DATE OF THIS ARTICLE.
   § 1512. CONTENT PROVENANCE PRESERVATION. A SOCIAL MEDIA PLATFORM SHALL
 NOT  DELETE,  DISASSOCIATE,  OR DEGRADE, IN WHOLE OR IN PART, PROVENANCE
 DATA FROM OR ASSOCIATED WITH CONTENT UPLOADED TO THE SOCIAL MEDIA  PLAT-
 FORM  BY  A  COVERED  USER,  UNLESS AND UNTIL THE CONTENT IS PERMANENTLY
 DELETED OR REMOVED FROM THE  SOCIAL  MEDIA  PLATFORM  OR  THE  DELETION,
 DISASSOCIATION, OR DEGRADATION OF SUCH CONTENT IS REQUIRED BY LAW. NOTH-
 ING IN THIS ARTICLE SHALL BE CONSTRUED AS BANNING USERS FROM CHOOSING TO
 INCLUDE  PERSONAL INFORMATION IN PROVENANCE DATA FROM OR ASSOCIATED WITH
 SUCH UPLOADED CONTENT.
   § 1513. PROVENANCE DATA REQUIREMENTS. 1. A STATE AGENCY SHALL  ENSURE,
 TO  THE  EXTENT PRACTICABLE EITHER THROUGH DIRECT APPLICATION OR THROUGH
 THE USE OF THIRD-PARTY TECHNOLOGY, THAT ALL  AUDIO,  IMAGES  AND  VIDEOS
 PUBLISHED OR DISTRIBUTED ELECTRONICALLY BY THE STATE AGENCY CARRY PROVE-
 NANCE DATA.
   2.  THE APPLICATION OF PROVENANCE DATA TO AUDIO, IMAGES AND VIDEOS, AS
 REQUIRED BY THIS ARTICLE, SHALL, AT A MINIMUM, COMMUNICATE THE FOLLOWING
 PROVENANCE DATA:
   (A) THE TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED  TO  GENERATE
 THE  AUDIO, IMAGE OR VIDEO, TO THE EXTENT THE DEVICE, SYSTEM, OR SERVICE
 HAS THE TECHNICAL CAPABILITY TO DO SO;
 A. 6540--B                          4
 
   (B) THE SPECIFIC PORTIONS OF THE CONTENT THAT  THE  SYNTHETIC  CONTENT
 CREATIONS SYSTEM USED BY THE STATE AGENCY GENERATED, IF ANY;
   (C)  WHETHER THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL INTEL-
 LIGENCE;
   (D) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM  PROVIDER  USED
 TO GENERATE THE SYNTHETIC CONTENT, IF ANY;
   (E)  THE  TIME  AND DATE ANY OF THE PROVENANCE DATA DELINEATED IN THIS
 SECTION WAS APPLIED; AND
   (F) ANY OTHER ADDITIONAL  PROVENANCE  DATA  SPECIFIED  IN  REGULATIONS
 PROMULGATED PURSUANT TO THIS ARTICLE.
   § 1514. ENFORCEMENT  BY  ATTORNEY  GENERAL.  IN  ADDITION TO THE OTHER
 REMEDIES PROVIDED, WHENEVER THERE SHALL BE A VIOLATION OF THIS  ARTICLE,
 APPLICATION  MAY  BE  MADE  BY  THE  ATTORNEY GENERAL IN THE NAME OF THE
 PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDIC-
 TION  BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO
 THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND  RESTRAIN  THE
 CONTINUANCE  OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC-
 TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED
 THIS  ARTICLE,  AN  INJUNCTION  MAY  BE ISSUED BY SUCH COURT OR JUSTICE,
 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
 THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED  THEREBY.  IN  ANY
 SUCH  PROCEEDING,  THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
 AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES.  WHENEVER THE COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT
 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS
 FOR EACH VIOLATION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6540--C
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. BORES, CUNNINGHAM, KELLES, FORREST, CHANDLER-WA-
   TERMAN, TORRES -- read once and referred to the Committee  on  Science
   and   Technology   --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee on Codes -- reported  and  referred  to  the
   Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   synthetic content creations system  providers  to  include  provenance
   data  on synthetic content produced or modified by a synthetic content
   creations system that the synthetic content creations system  provider
   makes available
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "stop deep-
 fakes act".
   § 2. The general business law is amended by adding a new article  45-A
 to read as follows:
                               ARTICLE 45-A
                            STOP DEEPFAKES ACT
 SECTION 1510. DEFINITIONS.
         1511. SYNTHETIC CONTENT CREATIONS SYSTEM.
         1512. CONTENT PROVENANCE PRESERVATION.
         1513. PROVENANCE DATA REQUIREMENTS.
         1514. ENFORCEMENT BY ATTORNEY GENERAL.
   § 1510. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   1.  "PROVENANCE DATA" MEANS DATA THAT RECORDS THE ORIGIN OR HISTORY OF
 DIGITAL CONTENT AND IS COMMUNICATED AS A CONTENT CREDENTIAL PURSUANT  TO
 THE  TECHNICAL  SPECIFICATION  FOR  CONTENT CREDENTIALS PUBLISHED BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07930-12-5
              

 A. 6540--C                          2
 
 COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY,  OR  RELEVANT  STAND-
 ARDS, GUIDELINES OR SPECIFICATIONS PUBLISHED AFTER THE EFFECTIVE DATE OF
 THIS  ARTICLE BY AN ESTABLISHED STANDARDS SETTING BODY, WHICH AT A MINI-
 MUM  INCLUDES:    (A)  INFORMATION  ABOUT  THE ORIGIN OR CREATION OF THE
 CONTENT; (B) SUBSEQUENT EDITING OR MODIFICATION TO THE  CONTENT  OR  ITS
 METADATA;  AND (C) USE OF A SYNTHETIC CONTENT CREATIONS SYSTEM IN GENER-
 ATING OR MODIFYING THE CONTENT. SUCH INFORMATION SHALL BE  CRYPTOGRAPHI-
 CALLY BOUND TO THE UNDERLYING FILE AND USE SIGNING CREDENTIALS.  "PROVE-
 NANCE  DATA"  SHALL  NOT  INCLUDE  PERSONAL  INFORMATION  AS  DEFINED IN
 SUBDIVISION FIVE OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW,
 OR UNIQUE DEVICE, SYSTEM, OR  SERVICE  INFORMATION  THAT  IS  REASONABLY
 CAPABLE  OF  BEING  ASSOCIATED WITH A PARTICULAR USER, INCLUDING BUT NOT
 LIMITED TO AN INTERNET  PROTOCOL  ADDRESS,  UNLESS  A  USER  CHOOSES  TO
 INCLUDE  SUCH  PERSONAL  INFORMATION IN SUCH DATA DESCRIBED IN PARAGRAPH
 (A), (B), OR (C) OF THIS SUBDIVISION.
   2. "GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" MEANS A CLASS OF  ARTI-
 FICIAL  INTELLIGENCE  MODELS  THAT  ARE  SELF-SUPERVISED AND EMULATE THE
 STRUCTURE AND CHARACTERISTICS OF INPUT DATA TO GENERATE DERIVED SYNTHET-
 IC CONTENT, INCLUDING, BUT NOT LIMITED TO, IMAGES, VIDEOS, AUDIO,  TEXT,
 AND OTHER DIGITAL CONTENT.
   3.  "SYNTHETIC  CONTENT"  MEANS  AUDIO OR VISUAL CONTENT THAT HAS BEEN
 GENERATED OR  MATERIALLY  MODIFIED  BY  A  SYNTHETIC  CONTENT  CREATIONS
 SYSTEM.
   4.  "STATE  AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED IN SUBDIVI-
 SION SIX OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   5. "SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER" MEANS AN ORGANIZATION
 OR INDIVIDUAL THAT CREATES, CODES, SUBSTANTIALLY MODIFIES, OR  OTHERWISE
 PRODUCES  A  SYNTHETIC  CONTENT  CREATIONS  SYSTEM THAT IS MADE PUBLICLY
 AVAILABLE FOR USE BY A NEW YORK  RESIDENT,  REGARDLESS  OF  WHETHER  THE
 TERMS OF SUCH USE INCLUDE COMPENSATION.
   6.  "SYNTHETIC  CONTENT  CREATIONS  SYSTEM  HOSTING PLATFORM" MEANS AN
 ONLINE REPOSITORY OR  OTHER  WEBSITE  THAT  MAKES  A  SYNTHETIC  CONTENT
 CREATIONS SYSTEM AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS OF
 WHETHER  THE  TERMS OF SUCH USE INCLUDE COMPENSATION.  SYNTHETIC CONTENT
 CREATIONS SYSTEM HOSTING PLATFORM DOES NOT INCLUDE CLOUD COMPUTING PLAT-
 FORMS OR OTHER SERVICES THAT MAKE SYNTHETIC  CONTENT  CREATIONS  SYSTEMS
 AVAILABLE  FOR  USE BY A NEW YORK STATE RESIDENT SOLELY AT THE DIRECTION
 OF OTHERS.
   7. "SOCIAL MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS  IN  SECTION
 ELEVEN HUNDRED OF THIS CHAPTER.
   8.  "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER LEGAL
 ENTITY, THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.
   9. "COVERED USER" SHALL MEAN A USER OF A SOCIAL MEDIA PLATFORM IN  THE
 STATE,  NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE OPERATOR
 OF SUCH SOCIAL MEDIA PLATFORM OR ANY PORTION THEREOF.
   10. "ARTIFICIAL INTELLIGENCE" OR "ARTIFICIAL INTELLIGENCE  TECHNOLOGY"
 MEANS  A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF HUMAN-DEFINED
 OBJECTIVES, MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS  INFLUENCING
 REAL  OR  VIRTUAL  ENVIRONMENTS,  AND THAT USES MACHINE- AND HUMAN-BASED
 INPUTS TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH  PERCEP-
 TIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL
 INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
   11. "AI MODEL" MEANS AN INFORMATION SYSTEM OR A COMPONENT OF AN INFOR-
 MATION  SYSTEM  THAT  IMPLEMENTS  ARTIFICIAL INTELLIGENCE TECHNOLOGY AND
 USES  COMPUTATIONAL,  STATISTICAL,  OR  MACHINE-LEARNING  TECHNIQUES  TO
 PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
 A. 6540--C                          3
 
   12.   "SYNTHETIC CONTENT CREATIONS SYSTEM" MEANS A CLASS OF GENERATIVE
 ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF  GENERATING  WHOLLY  SYNTHETIC
 CONTENT. "SYNTHETIC CONTENT CREATIONS SYSTEM" SHALL NOT INCLUDE TECHNOL-
 OGIES  SUCH AS RED-EYE FILTERS OR OTHER TECHNOLOGIES THAT ARE ONLY CAPA-
 BLE OF MAKING CHANGES TO EXISTING AUDIO OR VISUAL CONTENT.
   §  1511.  SYNTHETIC  CONTENT  CREATIONS SYSTEM. 1. A SYNTHETIC CONTENT
 CREATIONS SYSTEM PROVIDER SHALL APPLY PROVENANCE DATA,  EITHER  DIRECTLY
 OR  THROUGH  THE  USE  OF  THIRD-PARTY  TECHNOLOGY, TO SYNTHETIC CONTENT
 PRODUCED OR MODIFIED BY A SYNTHETIC CONTENT CREATIONS  SYSTEM  THAT  THE
 SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER MAKES AVAILABLE.
   2.  THE  APPLICATION  OF  PROVENANCE  DATA  TO  SYNTHETIC  CONTENT, AS
 REQUIRED BY THIS SECTION, SHALL, AT  A  MINIMUM,  IDENTIFY  THE  DIGITAL
 CONTENT AS SYNTHETIC AND COMMUNICATE THE FOLLOWING PROVENANCE DATA:
   (A)  THAT  THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL INTELLI-
 GENCE;
   (B) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER;
   (C) THE TIME AND DATE THE PROVENANCE DATA WAS APPLIED;
   (D) THE SPECIFIC PORTIONS OF THE CONTENT THAT  THE  SYNTHETIC  CONTENT
 CREATIONS SYSTEM GENERATED; AND
   (E)  THE  TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
 THE IMAGE, AUDIO, OR VIDEO.
   3. SYNTHETIC CONTENT CREATIONS SYSTEM HOSTING PLATFORMS SHALL NOT MAKE
 AVAILABLE A SYNTHETIC CONTENT CREATIONS SYSTEM WHERE THE  HOSTING  PLAT-
 FORM KNOWS THAT THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER FOR SUCH
 SYSTEM DOES NOT APPLY PROVENANCE DATA TO CONTENT CREATED OR SUBSTANTIAL-
 LY MODIFIED BY THE ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER CONSISTENT
 WITH  SPECIFICATIONS  SET  FORTH  IN THIS SECTION, NOR SHALL A SYNTHETIC
 CONTENT  CREATIONS  SYSTEM  HOSTING  PLATFORM  DELIBERATELY  PREVENT   A
 SYNTHETIC  CONTENT  CREATIONS  SYSTEM  PROVIDER FROM APPLYING PROVENANCE
 DATA TO CONTENT CREATED OR SUBSTANTIALLY MODIFIED BY A SYNTHETIC CONTENT
 CREATIONS SYSTEM IN A MANNER  CONSISTENT  WITH  THE  SPECIFICATIONS  SET
 FORTH ABOVE.
   4.  THE  PROVISIONS  OF  THIS  SECTION  SHALL  ONLY APPLY TO SYNTHETIC
 CONTENT CREATIONS SYSTEMS THAT WERE CREATED OR MODIFIED AFTER THE EFFEC-
 TIVE DATE OF THIS ARTICLE.
   § 1512. CONTENT PROVENANCE PRESERVATION. A SOCIAL MEDIA PLATFORM SHALL
 NOT DELETE, DISASSOCIATE, OR DEGRADE, IN WHOLE OR  IN  PART,  PROVENANCE
 DATA  FROM OR ASSOCIATED WITH CONTENT UPLOADED TO THE SOCIAL MEDIA PLAT-
 FORM BY A COVERED USER, UNLESS AND  UNTIL  THE  CONTENT  IS  PERMANENTLY
 DELETED  OR  REMOVED  FROM  THE  SOCIAL  MEDIA PLATFORM OR THE DELETION,
 DISASSOCIATION, OR DEGRADATION OF SUCH CONTENT IS REQUIRED BY LAW. NOTH-
 ING IN THIS ARTICLE SHALL BE CONSTRUED AS BANNING USERS FROM CHOOSING TO
 INCLUDE PERSONAL INFORMATION IN PROVENANCE DATA FROM OR ASSOCIATED  WITH
 SUCH UPLOADED CONTENT.
   §  1513. PROVENANCE DATA REQUIREMENTS. 1. A STATE AGENCY SHALL ENSURE,
 TO THE EXTENT PRACTICABLE EITHER THROUGH DIRECT APPLICATION  OR  THROUGH
 THE  USE  OF  THIRD-PARTY  TECHNOLOGY, THAT ALL AUDIO, IMAGES AND VIDEOS
 PUBLISHED OR DISTRIBUTED ELECTRONICALLY BY THE STATE AGENCY CARRY PROVE-
 NANCE DATA.
   2. THE APPLICATION OF PROVENANCE DATA TO AUDIO, IMAGES AND VIDEOS,  AS
 REQUIRED BY THIS ARTICLE, SHALL, AT A MINIMUM, COMMUNICATE THE FOLLOWING
 PROVENANCE DATA:
   (A)  THE  TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED TO GENERATE
 THE AUDIO, IMAGE OR VIDEO, TO THE EXTENT THE DEVICE, SYSTEM, OR  SERVICE
 HAS THE TECHNICAL CAPABILITY TO DO SO;
 A. 6540--C                          4
 
   (B)  THE  SPECIFIC  PORTIONS OF THE CONTENT THAT THE SYNTHETIC CONTENT
 CREATIONS SYSTEM USED BY THE STATE AGENCY GENERATED, IF ANY;
   (C)  WHETHER THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL INTEL-
 LIGENCE;
   (D) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM  PROVIDER  USED
 TO GENERATE THE SYNTHETIC CONTENT, IF ANY; AND
   (E)  THE  TIME  AND DATE ANY OF THE PROVENANCE DATA DELINEATED IN THIS
 SECTION WAS APPLIED.
   § 1514. ENFORCEMENT BY ATTORNEY GENERAL.  IN  ADDITION  TO  THE  OTHER
 REMEDIES  PROVIDED, WHENEVER THERE SHALL BE A VIOLATION OF THIS ARTICLE,
 APPLICATION MAY BE MADE BY THE ATTORNEY  GENERAL  IN  THE  NAME  OF  THE
 PEOPLE  OF  THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDIC-
 TION BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE  TO
 THE  DEFENDANT  OF  NOT  LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE
 CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE  SATISFAC-
 TION  OF  THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED
 THIS ARTICLE, AN INJUNCTION MAY BE ISSUED  BY  SUCH  COURT  OR  JUSTICE,
 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
 THAT  ANY  PERSON  HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY
 SUCH PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE  ATTORNEY  GENERAL
 AS  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES.   WHENEVER THE  COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT
 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS
 FOR EACH VIOLATION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6540--D
                                                         Cal. No. 163
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2025
                                ___________
 
 Introduced  by M. of A. BORES, CUNNINGHAM, KELLES, FORREST, CHANDLER-WA-
   TERMAN, TORRES, OTIS -- read once and referred  to  the  Committee  on
   Science  and Technology -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee -- reported and
   referred to the Committee on Codes -- reported  and  referred  to  the
   Committee  on  Rules  --  Rules  Committee  discharged,  bill amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  ordered to a third reading,
   amended and ordered reprinted, retaining its place  on  the  order  of
   third reading
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   synthetic content creations system  providers  to  include  provenance
   data  on synthetic content produced or modified by a synthetic content
   creations system that the synthetic content creations system  provider
   makes available
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the "stop deep-
 fakes act".
   § 2. The general business law is amended by adding a new article  45-B
 to read as follows:
                               ARTICLE 45-B
                            STOP DEEPFAKES ACT
 SECTION 1540. DEFINITIONS.
         1541. SYNTHETIC CONTENT CREATIONS SYSTEM.
         1542. CONTENT PROVENANCE PRESERVATION.
         1543. PROVENANCE DATA REQUIREMENTS.
         1544. ENFORCEMENT BY ATTORNEY GENERAL.
   § 1540. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07930-14-6
              

 A. 6540--D                          2
 
   1.  "PROVENANCE DATA" MEANS DATA THAT RECORDS THE ORIGIN OR HISTORY OF
 DIGITAL CONTENT AND IS COMMUNICATED AS A CONTENT CREDENTIAL PURSUANT  TO
 THE  TECHNICAL  SPECIFICATION  FOR  CONTENT CREDENTIALS PUBLISHED BY THE
 COALITION FOR CONTENT PROVENANCE AND AUTHENTICITY,  OR  RELEVANT  STAND-
 ARDS, GUIDELINES OR SPECIFICATIONS PUBLISHED AFTER THE EFFECTIVE DATE OF
 THIS  ARTICLE BY AN ESTABLISHED STANDARDS SETTING BODY, WHICH AT A MINI-
 MUM INCLUDES:   (A) INFORMATION ABOUT THE  ORIGIN  OR  CREATION  OF  THE
 CONTENT;  (B)  SUBSEQUENT  EDITING OR MODIFICATION TO THE CONTENT OR ITS
 METADATA; AND (C) USE OF A SYNTHETIC CONTENT CREATIONS SYSTEM IN  GENER-
 ATING  OR MODIFYING THE CONTENT. SUCH INFORMATION SHALL BE CRYPTOGRAPHI-
 CALLY BOUND TO THE UNDERLYING FILE AND USE SIGNING CREDENTIALS.  "PROVE-
 NANCE DATA"  SHALL  NOT  INCLUDE  PERSONAL  INFORMATION  AS  DEFINED  IN
 SUBDIVISION FIVE OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW,
 OR  UNIQUE  DEVICE,  SYSTEM,  OR  SERVICE INFORMATION THAT IS REASONABLY
 CAPABLE OF BEING ASSOCIATED WITH A PARTICULAR USER,  INCLUDING  BUT  NOT
 LIMITED  TO  AN  INTERNET  PROTOCOL  ADDRESS,  UNLESS  A USER CHOOSES TO
 INCLUDE SUCH PERSONAL INFORMATION IN SUCH DATA  DESCRIBED  IN  PARAGRAPH
 (A), (B), OR (C) OF THIS SUBDIVISION.
   2.  "GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" MEANS A CLASS OF ARTI-
 FICIAL INTELLIGENCE MODELS THAT  ARE  SELF-SUPERVISED  AND  EMULATE  THE
 STRUCTURE AND CHARACTERISTICS OF INPUT DATA TO GENERATE DERIVED SYNTHET-
 IC  CONTENT, INCLUDING, BUT NOT LIMITED TO, IMAGES, VIDEOS, AUDIO, TEXT,
 AND OTHER DIGITAL CONTENT.
   3. "SYNTHETIC CONTENT" MEANS AUDIO OR VISUAL  CONTENT  THAT  HAS  BEEN
 GENERATED  OR  MATERIALLY  MODIFIED  BY  A  SYNTHETIC  CONTENT CREATIONS
 SYSTEM.
   4. "STATE AGENCY" SHALL HAVE THE SAME MEANING AS DEFINED  IN  SUBDIVI-
 SION SIX OF SECTION TWO HUNDRED TWO OF THE STATE TECHNOLOGY LAW.
   5. "SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER" MEANS AN ORGANIZATION
 OR  INDIVIDUAL THAT CREATES, CODES, SUBSTANTIALLY MODIFIES, OR OTHERWISE
 PRODUCES A SYNTHETIC CONTENT CREATIONS  SYSTEM  THAT  IS  MADE  PUBLICLY
 AVAILABLE  FOR  USE  BY  A  NEW YORK RESIDENT, REGARDLESS OF WHETHER THE
 TERMS OF SUCH USE INCLUDE COMPENSATION.
   6. "SYNTHETIC CONTENT CREATIONS  SYSTEM  HOSTING  PLATFORM"  MEANS  AN
 ONLINE  REPOSITORY  OR  OTHER  WEBSITE  THAT  MAKES  A SYNTHETIC CONTENT
 CREATIONS SYSTEM AVAILABLE FOR USE BY A NEW YORK RESIDENT, REGARDLESS OF
 WHETHER THE TERMS OF SUCH USE INCLUDE COMPENSATION.   SYNTHETIC  CONTENT
 CREATIONS SYSTEM HOSTING PLATFORM DOES NOT INCLUDE CLOUD COMPUTING PLAT-
 FORMS  OR  OTHER  SERVICES THAT MAKE SYNTHETIC CONTENT CREATIONS SYSTEMS
 AVAILABLE FOR USE BY A NEW YORK STATE RESIDENT SOLELY AT  THE  DIRECTION
 OF OTHERS.
   7.  "SOCIAL  MEDIA PLATFORM" SHALL HAVE THE SAME MEANING AS IN SECTION
 ELEVEN HUNDRED OF THIS CHAPTER.
   8. "COVERED OPERATOR" SHALL MEAN ANY PERSON, BUSINESS, OR OTHER  LEGAL
 ENTITY, THAT OPERATES OR PROVIDES A SOCIAL MEDIA PLATFORM.
   9.  "COVERED USER" SHALL MEAN A USER OF A SOCIAL MEDIA PLATFORM IN THE
 STATE, NOT ACTING AS AN OPERATOR, OR AGENT OR AFFILIATE OF THE  OPERATOR
 OF SUCH SOCIAL MEDIA PLATFORM OR ANY PORTION THEREOF.
   10.  "ARTIFICIAL INTELLIGENCE" OR "ARTIFICIAL INTELLIGENCE TECHNOLOGY"
 MEANS A MACHINE-BASED SYSTEM THAT CAN, FOR A GIVEN SET OF  HUMAN-DEFINED
 OBJECTIVES,  MAKE PREDICTIONS, RECOMMENDATIONS, OR DECISIONS INFLUENCING
 REAL OR VIRTUAL ENVIRONMENTS, AND THAT  USES  MACHINE-  AND  HUMAN-BASED
 INPUTS  TO PERCEIVE REAL AND VIRTUAL ENVIRONMENTS, ABSTRACT SUCH PERCEP-
 TIONS INTO MODELS THROUGH ANALYSIS IN AN AUTOMATED MANNER, AND USE MODEL
 INFERENCE TO FORMULATE OPTIONS FOR INFORMATION OR ACTION.
 A. 6540--D                          3
 
   11. "AI MODEL" MEANS AN INFORMATION SYSTEM OR A COMPONENT OF AN INFOR-
 MATION SYSTEM THAT IMPLEMENTS  ARTIFICIAL  INTELLIGENCE  TECHNOLOGY  AND
 USES  COMPUTATIONAL,  STATISTICAL,  OR  MACHINE-LEARNING  TECHNIQUES  TO
 PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
   12.  "SYNTHETIC  CONTENT CREATIONS SYSTEM" MEANS A CLASS OF GENERATIVE
 ARTIFICIAL INTELLIGENCE SYSTEM CAPABLE OF  GENERATING  WHOLLY  SYNTHETIC
 CONTENT. "SYNTHETIC CONTENT CREATIONS SYSTEM" SHALL NOT INCLUDE TECHNOL-
 OGIES  SUCH AS RED-EYE FILTERS OR OTHER TECHNOLOGIES THAT ARE ONLY CAPA-
 BLE OF MAKING CHANGES TO EXISTING AUDIO OR VISUAL CONTENT.
   § 1541. SYNTHETIC CONTENT CREATIONS SYSTEM.  1.  A  SYNTHETIC  CONTENT
 CREATIONS  SYSTEM  PROVIDER SHALL APPLY PROVENANCE DATA, EITHER DIRECTLY
 OR THROUGH THE USE  OF  THIRD-PARTY  TECHNOLOGY,  TO  SYNTHETIC  CONTENT
 PRODUCED  OR  MODIFIED  BY A SYNTHETIC CONTENT CREATIONS SYSTEM THAT THE
 SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER MAKES AVAILABLE.
   2. THE  APPLICATION  OF  PROVENANCE  DATA  TO  SYNTHETIC  CONTENT,  AS
 REQUIRED  BY  THIS  SECTION,  SHALL,  AT A MINIMUM, IDENTIFY THE DIGITAL
 CONTENT AS SYNTHETIC AND COMMUNICATE THE FOLLOWING PROVENANCE DATA:
   (A) THAT THE CONTENT WAS CREATED OR EDITED USING  ARTIFICIAL  INTELLI-
 GENCE;
   (B) THE NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER;
   (C) THE TIME AND DATE THE PROVENANCE DATA WAS APPLIED;
   (D)  THE  SPECIFIC  PORTIONS OF THE CONTENT THAT THE SYNTHETIC CONTENT
 CREATIONS SYSTEM GENERATED; AND
   (E) THE TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED  TO  GENERATE
 THE IMAGE, AUDIO, OR VIDEO.
   3. SYNTHETIC CONTENT CREATIONS SYSTEM HOSTING PLATFORMS SHALL NOT MAKE
 AVAILABLE  A  SYNTHETIC CONTENT CREATIONS SYSTEM WHERE THE HOSTING PLAT-
 FORM KNOWS THAT THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER FOR SUCH
 SYSTEM DOES NOT APPLY PROVENANCE DATA TO CONTENT CREATED OR SUBSTANTIAL-
 LY MODIFIED BY THE ARTIFICIAL INTELLIGENCE SYSTEM IN A MANNER CONSISTENT
 WITH SPECIFICATIONS SET FORTH IN THIS SECTION,  NOR  SHALL  A  SYNTHETIC
 CONTENT   CREATIONS  SYSTEM  HOSTING  PLATFORM  DELIBERATELY  PREVENT  A
 SYNTHETIC CONTENT CREATIONS SYSTEM  PROVIDER  FROM  APPLYING  PROVENANCE
 DATA TO CONTENT CREATED OR SUBSTANTIALLY MODIFIED BY A SYNTHETIC CONTENT
 CREATIONS  SYSTEM  IN  A  MANNER  CONSISTENT WITH THE SPECIFICATIONS SET
 FORTH ABOVE.
   4. THE PROVISIONS OF  THIS  SECTION  SHALL  ONLY  APPLY  TO  SYNTHETIC
 CONTENT CREATIONS SYSTEMS THAT WERE CREATED OR MODIFIED AFTER THE EFFEC-
 TIVE DATE OF THIS ARTICLE.
   § 1542. CONTENT PROVENANCE PRESERVATION. A SOCIAL MEDIA PLATFORM SHALL
 NOT  DELETE,  DISASSOCIATE,  OR DEGRADE, IN WHOLE OR IN PART, PROVENANCE
 DATA FROM OR ASSOCIATED WITH CONTENT UPLOADED TO THE SOCIAL MEDIA  PLAT-
 FORM  BY  A  COVERED  USER,  UNLESS AND UNTIL THE CONTENT IS PERMANENTLY
 DELETED OR REMOVED FROM THE  SOCIAL  MEDIA  PLATFORM  OR  THE  DELETION,
 DISASSOCIATION, OR DEGRADATION OF SUCH CONTENT IS REQUIRED BY LAW. NOTH-
 ING IN THIS ARTICLE SHALL BE CONSTRUED AS BANNING USERS FROM CHOOSING TO
 INCLUDE  PERSONAL INFORMATION IN PROVENANCE DATA FROM OR ASSOCIATED WITH
 SUCH UPLOADED CONTENT.
   § 1543. PROVENANCE DATA REQUIREMENTS. 1. A STATE AGENCY SHALL  ENSURE,
 TO  THE  EXTENT PRACTICABLE EITHER THROUGH DIRECT APPLICATION OR THROUGH
 THE USE OF THIRD-PARTY TECHNOLOGY, THAT ALL  AUDIO,  IMAGES  AND  VIDEOS
 PUBLISHED OR DISTRIBUTED ELECTRONICALLY BY THE STATE AGENCY CARRY PROVE-
 NANCE DATA.
   2.  THE APPLICATION OF PROVENANCE DATA TO AUDIO, IMAGES AND VIDEOS, AS
 REQUIRED BY THIS ARTICLE, SHALL, AT A MINIMUM, COMMUNICATE THE FOLLOWING
 PROVENANCE DATA:
 A. 6540--D                          4
 
   (A) THE TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED  TO  GENERATE
 THE  AUDIO, IMAGE OR VIDEO, TO THE EXTENT THE DEVICE, SYSTEM, OR SERVICE
 HAS THE TECHNICAL CAPABILITY TO DO SO;
   (B)  THE  SPECIFIC  PORTIONS OF THE CONTENT THAT THE SYNTHETIC CONTENT
 CREATIONS SYSTEM USED BY THE STATE AGENCY GENERATED, IF ANY;
   (C) WHETHER THE CONTENT WAS CREATED OR EDITED USING ARTIFICIAL  INTEL-
 LIGENCE;
   (D)  THE  NAME OF THE SYNTHETIC CONTENT CREATIONS SYSTEM PROVIDER USED
 TO GENERATE THE SYNTHETIC CONTENT, IF ANY; AND
   (E) THE TIME AND DATE ANY OF THE PROVENANCE DATA  DELINEATED  IN  THIS
 SECTION WAS APPLIED.
   § 1544. ENFORCEMENT  BY  ATTORNEY  GENERAL.  IN  ADDITION TO THE OTHER
 REMEDIES PROVIDED, WHENEVER THERE SHALL BE A VIOLATION OF THIS  ARTICLE,
 APPLICATION  MAY  BE  MADE  BY  THE  ATTORNEY GENERAL IN THE NAME OF THE
 PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDIC-
 TION  BY A SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO
 THE DEFENDANT OF NOT LESS THAN FIVE DAYS, TO  ENJOIN  AND  RESTRAIN  THE
 CONTINUANCE  OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFAC-
 TION OF THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED
 THIS  ARTICLE,  AN  INJUNCTION  MAY  BE ISSUED BY SUCH COURT OR JUSTICE,
 ENJOINING AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF
 THAT ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED  THEREBY.  IN  ANY
 SUCH  PROCEEDING,  THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL
 AS PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION  EIGHTY-THREE
 HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES.  WHENEVER THE COURT
 SHALL DETERMINE THAT A VIOLATION OF THIS ARTICLE HAS OCCURRED, THE COURT
 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS
 FOR EACH VIOLATION.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.