Senate Bill S3174

                                 
BILL NUMBER: S3174

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the penal law, in relation to excluding certain actions
or omissions from qualifying as unlawful dissemination or publication of
an intimate image when such actions or omissions are in connection with
the reporting of or investigation into potentially unlawful conduct

 
PURPOSE OR GENERAL IDEA OF BILL:

To improve the ability of private entities to report AI generated child
sexual abuse material to law enforcement

 
SUMMARY OF PROVISIONS:

Section one: Provides a short title

Section two: Provides safe harbor to private entities to engage in
actions connected to reporting illegal, AI-generated CSAM to taw
enforcement
              

Section three: Specifies the effective date.

 
JUSTIFICATION:

As Artificial intelligence models get increasingly powerful, ensuring
that their worst tendencies are regulated is a common goal across all of
society. Easily one of the worst outcomes AI models have been able to
generate, and one to be taken extremely seriously, are sexually explicit
images of children. These AI images, trained on real Child Sexual Abuse
Material (CSAM) are beyond horrific and we have a duty to ensure they
are not created or distributed.

New York recognized this last year by passing- unanimously in both cham-
bers - a bill that added AI generated CSAM into the existing CSAM
prevention framework, becoming one of the first states in the nation to
do so. This bill adds to that landmark legislation, allowing for more
robust reporting of AI generated CSAM to law enforcement.

Artificial intelligence companies, as the entities most thoroughly
acquainted with their own models, are often in a position to tell law
enforcement about CSAM being created or shared on their own platform.
As a practical matter, these companies frequently identify and report
this kind of illicit activity already. This bill extends the liability
protection for anyone working to provide law enforcement with the rele-
vant information to protect New York's children. It's important to
recognize that the details in any (lability shield are crucial, so this
legislation provides an extremely limited framework that only allows for
increased proactive cooperation with law enforcement.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.
 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law.