S T A T E O F N E W Y O R K
________________________________________________________________________
2487
2025-2026 Regular Sessions
I N S E N A T E
January 21, 2025
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Internet and Technology
AN ACT to amend the state technology law, in relation to enacting the
New York artificial intelligence ethics commission act
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 "New York artificial intelligence ethics commission act".
§ 2. The state technology law is amended by adding a new section 106-c
to read as follows:
§ 106-C. 1. NEW YORK ARTIFICIAL INTELLIGENCE ETHICS COMMISSION. THE
NEW YORK ARTIFICIAL INTELLIGENCE ETHICS COMMISSION (THE "COMMISSION") IS
HEREBY ESTABLISHED. THE COMMISSION SHALL SERVE AS A REGULATORY BODY TO
ENSURE ETHICAL USE OF ARTIFICIAL INTELLIGENCE (AI) WITHIN NEW YORK STATE
AGENCIES AND PRIVATE ENTITIES OPERATING WITHIN THE STATE.
2. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
(A) "ARTIFICIAL INTELLIGENCE" OR "AI" 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.
(B) "USE" SHALL MEAN THE DEVELOPMENT, DEPLOYMENT, AND OPERATION OF AN
AI SYSTEM.
(C) "CRIME" SHALL MEAN ANY OFFENSE RECOGNIZED BY NEW YORK STATE LAW.
3. THE COMMISSION SHALL CONSIST OF NINE MEMBERS: THREE APPOINTED BY
THE GOVERNOR; TWO APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE;
ONE APPOINTED BY THE MINORITY LEADER OF THE SENATE; TWO APPOINTED BY THE
SPEAKER OF THE ASSEMBLY; ONE APPOINTED BY THE MINORITY LEADER OF THE
ASSEMBLY, REFLECTIVE OF DIVERSE EXPERTISE IN AI TECHNOLOGY, ETHICS, LAW,
AND PUBLIC POLICY.
4. THE COMMISSION SHALL:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06648-01-5
S. 2487 2
(A) ESTABLISH ETHICAL GUIDELINES AND STANDARDS FOR THE DEVELOPMENT AND
DEPLOYMENT OF AI TECHNOLOGIES;
(B) CONDUCT REVIEWS OF AI PROJECTS FOR COMPLIANCE WITH ETHICAL STAND-
ARDS;
(C) PROVIDE EDUCATIONAL RESOURCES FOR NEW YORK STATE AGENCIES AND THE
PUBLIC ON AI ETHICS;
(D) ADVISE THE LEGISLATURE ON AI POLICY CONSIDERATIONS;
(E) RECEIVE AND INVESTIGATE COMPLAINTS REGARDING UNETHICAL AI PRAC-
TICES; AND
(F) DEVELOP CERTIFICATION FOR ETHICAL AI SYSTEMS AND CONDUCT PERIODIC
AUDITS.
5. THE COMMISSION HAS THE AUTHORITY TO OVERSEE ANY AI SYSTEM UTILIZED
BY:
(A) STATE AGENCIES, FOR INTERNAL OPERATIONS OR PUBLIC SERVICES; AND
(B) PRIVATE COMPANIES OPERATING IN NEW YORK STATE, INSOFAR AS THEIR AI
USAGE IMPACTS NEW YORK RESIDENTS.
6. NO ENTITY DOING BUSINESS IN THIS STATE SHALL:
(A) UTILIZE AI SYSTEMS THAT SYSTEMATICALLY AND UNFAIRLY DISCRIMINATE
AGAINST INDIVIDUALS OR GROUPS BASED ON RACE, GENDER, SEXUALITY, DISABIL-
ITY, OR ANY OTHER PROTECTED CHARACTERISTIC;
(B) CREATE OR DISSEMINATE FALSE OR MISLEADING INFORMATION BY AN AI
SYSTEM TO DECEIVE USERS OR THE PUBLIC;
(C) USE AN AI SYSTEM TO UNLAWFULLY SURVEIL, RECORD, OR DISSEMINATE
INFORMATION ABOUT AN INDIVIDUAL WITHOUT THEIR CONSENT;
(D) PARTICIPATE IN THE UNAUTHORIZED COLLECTION, PROCESSING, OR DISSEM-
INATION OF PERSONAL INFORMATION BY AN AI SYSTEM WITHOUT THEIR CONSENT
SHALL BE DEEMED AN INFRINGEMENT OF PRIVACY;
(E) PARTICIPATE IN UNAUTHORIZED USE OR REPRODUCTION OF INTELLECTUAL
PROPERTY THROUGH AI ALGORITHMS;
(F) FAIL TO IMPLEMENT REASONABLE SAFEGUARDS, RESULTING IN HARM OR
MATERIAL LOSS THROUGH THE USE OF AN AI SYSTEM;
(G) CONDUCT AI RESEARCH THAT IS HARMFUL OR WITHOUT THE INFORMED
CONSENT OF THE SUBJECTS;
(H) INTENTIONALLY DISRUPT, DAMAGE, OR SUBVERSION OF AN AI SYSTEM TO
UNDERMINE ITS INTEGRITY OR PERFORMANCE; OR
(I) PARTICIPATE IN THE UNAUTHORIZED USE OF SOMEONE'S PERSONAL IDENTITY
OR DATA BY ARTIFICIAL INTELLIGENCE SYSTEMS TO COMMIT FRAUD OR THEFT.
7. THE COMMISSION SHALL HAVE THE POWER TO IMPOSE PENALTIES, INCLUDING
FINES AND INJUNCTIONS FOR VIOLATIONS OF ETHICAL GUIDELINES ESTABLISHED
BY THE COMMISSION. PENALTIES FOR VIOLATIONS UNDER SUBDIVISION SIX OF
THIS SECTION SHALL BE AS FOLLOWS:
(A) WHERE HARM IS NON-ECONOMIC, A CIVIL PENALTY, INCLUDING INJUNCTIONS
AND OTHER DAMAGES.
(B) WHERE ECONOMIC HARM IS ESTABLISHED OR THERE IS A SYSTEMATIC BREACH
OF PRIVACY, CRIMINAL OFFENSES SHALL BE PROSECUTED BY THE ATTORNEY GENER-
AL.
8. THE COMMISSION SHALL SUBMIT ANNUAL REPORTS TO THE GOVERNOR, THE
TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY
DETAILING ITS ACTIVITIES, AUDIT RESULTS, AND POLICY RECOMMENDATIONS.
§ 3. This act shall take effect immediately.