Senate Bill S6955

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6955
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 27, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN  ACT  to  amend the general business law, in relation to establishing
   the artificial intelligence training data transparency act
 
   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 article
 44-B to read as follows:
                                ARTICLE 44-B
          ARTIFICIAL INTELLIGENCE TRAINING DATA TRANSPARENCY ACT
 
 SECTION 1420. SHORT TITLE.
         1421. DEFINITIONS.
         1422. DATA  USED  TO  TRAIN  GENERATIVE  ARTIFICIAL INTELLIGENCE
                 MODELS OR SERVICES.
         1423. EMPLOYEE DATA USED TO TRAIN GENERATIVE ARTIFICIAL INTELLI-
                 GENCE MODELS OR SERVICES.
   § 1420. SHORT TITLE. THIS ACT SHALL BE KNOWN AND MAY BE CITED  AS  THE
 "ARTIFICIAL INTELLIGENCE TRAINING DATA TRANSPARENCY ACT".
   §  1421.  DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. "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.
   2.  "DEVELOPER" MEANS A PERSON, PARTNERSHIP, STATE OR LOCAL GOVERNMENT
 AGENCY, OR CORPORATION THAT DESIGNS, CODES, PRODUCES,  OR  SUBSTANTIALLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07975-02-5
 S. 6955                             2
              

 
 MODIFIES  AN ARTIFICIAL INTELLIGENCE MODEL OR SERVICE FOR USE BY MEMBERS
 OF THE PUBLIC.
   3.  "GENERATIVE  ARTIFICIAL  INTELLIGENCE"  MEANS A CLASS OF AI MODELS
 THAT ARE SELF-SUPERVISED AND EMULATE THE STRUCTURE  AND  CHARACTERISTICS
 OF  INPUT DATA TO GENERATE DERIVED SYNTHETIC CONTENT, INCLUDING, BUT NOT
 LIMITED TO, IMAGES, VIDEOS, AUDIO, TEXT, AND OTHER DIGITAL CONTENT.
   4. "SUBSTANTIALLY MODIFIES" OR "SUBSTANTIAL MODIFICATION" MEANS A  NEW
 VERSION,  NEW RELEASE, OR OTHER UPDATE TO A GENERATIVE ARTIFICIAL INTEL-
 LIGENCE MODEL OR SERVICE THAT MATERIALLY CHANGES  ITS  FUNCTIONALITY  OR
 PERFORMANCE, INCLUDING THE RESULTS OF RETRAINING OR FINE TUNING.
   5.  "SYNTHETIC  DATA GENERATION" MEANS A PROCESS IN WHICH SEED DATA IS
 USED TO CREATE ARTIFICIAL DATA THAT HAVE SOME OF THE STATISTICAL CHARAC-
 TERISTICS OF THE SEED DATA.
   6. "TRAIN A  GENERATIVE  ARTIFICIAL  INTELLIGENCE  MODEL  OR  SERVICE"
 INCLUDES  TESTING,  VALIDATING,  OR  FINE TUNING BY THE DEVELOPER OF THE
 ARTIFICIAL INTELLIGENCE MODEL OR SERVICE.
   7. "AGGREGATE CONSUMER INFORMATION" MEANS INFORMATION THAT RELATES  TO
 A  GROUP  OF  CONSUMERS,  FROM WHICH INDIVIDUAL CONSUMER IDENTITIES HAVE
 BEEN REMOVED, THAT IS NOT LINKED OR REASONABLY LINKABLE TO ANY  CONSUMER
 OR  HOUSEHOLD,  INCLUDING  VIA  A DEVICE. AGGREGATE CONSUMER INFORMATION
 DOES NOT MEAN ONE OR MORE INDIVIDUAL CONSUMER  RECORDS  THAT  HAVE  BEEN
 DE-IDENTIFIED.
   8.  "AI MODEL" MEANS AN INFORMATION SYSTEM OR COMPONENT OF AN INFORMA-
 TION SYSTEM THAT IMPLEMENTS ARTIFICIAL INTELLIGENCE TECHNOLOGY AND  USES
 COMPUTATIONAL,  STATISTICAL,  OR  MACHINE-LEARNING TECHNIQUES TO PRODUCE
 OUTPUTS FROM A GIVEN SET OF INPUTS.
   § 1422. DATA USED TO TRAIN GENERATIVE ARTIFICIAL  INTELLIGENCE  MODELS
 OR SERVICES. 1. ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX, AND
 PRIOR  TO EACH TIME THEREAFTER THAT A GENERATIVE ARTIFICIAL INTELLIGENCE
 MODEL OR SERVICE, OR A SUBSTANTIAL MODIFICATION TO A GENERATIVE  ARTIFI-
 CIAL  INTELLIGENCE MODEL OR SERVICE, RELEASED ON OR AFTER JANUARY FIRST,
 TWO THOUSAND TWENTY-TWO, IS MADE PUBLICLY AVAILABLE TO NEW  YORKERS  FOR
 USE,  REGARDLESS  OF WHETHER THE TERMS OF SUCH USE INCLUDE COMPENSATION,
 THE DEVELOPER OF SUCH MODEL OR SERVICE SHALL  POST  ON  THE  DEVELOPER'S
 WEBSITE  DOCUMENTATION REGARDING THE DATA USED BY THE DEVELOPER TO TRAIN
 THE GENERATIVE ARTIFICIAL INTELLIGENCE MODEL  OR  SERVICE,  INCLUDING  A
 HIGH-LEVEL SUMMARY OF THE DATASETS USED IN THE DEVELOPMENT OF THE GENER-
 ATIVE  ARTIFICIAL  INTELLIGENCE  MODEL  OR  SERVICE,  INCLUDING, BUT NOT
 LIMITED TO:
   (A) THE SOURCES OR OWNERS OF THE DATASETS;
   (B) A DESCRIPTION OF HOW THE DATASETS FURTHER THE INTENDED PURPOSE  OF
 THE ARTIFICIAL INTELLIGENCE MODEL OR SERVICE;
   (C)  THE  NUMBER OF DATA POINTS INCLUDED IN THE DATASETS, WHICH MAY BE
 IN GENERAL RANGES, AND WITH ESTIMATED FIGURES FOR DYNAMIC DATASETS;
   (D) A DESCRIPTION OF THE TYPES OF DATA POINTS WITHIN THE DATASETS. FOR
 PURPOSES OF THIS PARAGRAPH, THE FOLLOWING DEFINITIONS APPLY:
   (I) AS APPLIED TO DATASETS THAT INCLUDE LABELS, "TYPES OF DATA POINTS"
 MEANS THE TYPES OF LABELS USED; AND
   (II) AS APPLIED TO DATASETS WITHOUT LABELING, "TYPES OF  DATA  POINTS"
 REFERS TO THE GENERAL CHARACTERISTICS;
   (E)  WHETHER  THE  DATASETS  INCLUDE  ANY DATA PROTECTED BY COPYRIGHT,
 TRADEMARK, OR PATENT, OR WHETHER THE DATASETS ARE ENTIRELY IN THE PUBLIC
 DOMAIN;
   (F) WHETHER THE DATASETS WERE PURCHASED OR LICENSED BY THE DEVELOPER;
 S. 6955                             3
 
   (G) WHETHER THE DATASETS  INCLUDE  PERSONAL  INFORMATION  OR  PERSONAL
 IDENTIFYING  INFORMATION,  AS  DEFINED  IN SECTION EIGHT HUNDRED NINETY-
 NINE-AAA OF THIS CHAPTER;
   (H) WHETHER THE DATASETS INCLUDE AGGREGATE CONSUMER INFORMATION;
   (I)  WHETHER THERE WAS ANY CLEANING, PROCESSING, OR OTHER MODIFICATION
 TO THE DATASETS BY THE DEVELOPER,  INCLUDING  THE  INTENDED  PURPOSE  OF
 THOSE  EFFORTS  IN  RELATION  TO  THE  ARTIFICIAL  INTELLIGENCE MODEL OR
 SERVICE;
   (J) THE TIME PERIOD  DURING  WHICH  THE  DATA  IN  THE  DATASETS  WERE
 COLLECTED, INCLUDING A NOTICE IF THE DATA COLLECTION IS ONGOING;
   (K)  THE  DATES THE DATASETS WERE FIRST USED DURING THE DEVELOPMENT OF
 THE ARTIFICIAL INTELLIGENCE MODEL OR SERVICE; AND
   (L) WHETHER THE GENERATIVE ARTIFICIAL INTELLIGENCE  MODEL  OR  SERVICE
 USED  OR CONTINUOUSLY USES SYNTHETIC DATA GENERATION IN ITS DEVELOPMENT.
 A DEVELOPER MAY INCLUDE A DESCRIPTION OF THE FUNCTIONAL NEED OR  DESIRED
 PURPOSE OF THE SYNTHETIC DATA IN RELATION TO THE INTENDED PURPOSE OF THE
 MODEL OR SERVICE.
   2.  A  DEVELOPER SHALL NOT BE REQUIRED TO POST DOCUMENTATION REGARDING
 THE DATA USED TO TRAIN A GENERATIVE  ARTIFICIAL  INTELLIGENCE  MODEL  OR
 SERVICE FOR ANY OF THE FOLLOWING:
   (A)  A  GENERATIVE ARTIFICIAL INTELLIGENCE MODEL OR SERVICE WHOSE SOLE
 PURPOSE IS THE OPERATION OF AIRCRAFT IN THE NATIONAL AIRSPACE; OR
   (B) A GENERATIVE ARTIFICIAL INTELLIGENCE MODEL  OR  SERVICE  DEVELOPED
 FOR NATIONAL SECURITY, MILITARY, OR DEFENSE PURPOSES THAT IS MADE AVAIL-
 ABLE ONLY TO A FEDERAL ENTITY.
   § 1423. EMPLOYEE DATA USED TO TRAIN GENERATIVE ARTIFICIAL INTELLIGENCE
 MODELS  OR  SERVICES. 1. ANY PERSON, PARTNERSHIP, STATE OR LOCAL GOVERN-
 MENT AGENCY, OR CORPORATION THAT DESIGNS, CODES, PRODUCES,  OR  SUBSTAN-
 TIALLY  MODIFIES  A  GENERATIVE ARTIFICIAL INTELLIGENCE MODEL OR SERVICE
 USING DATA OF WHICH A  SUBSTANTIAL  PART  IS  DERIVED  FROM  INDIVIDUALS
 EMPLOYED OR CONTRACTED BY THE ENTITY, REGARDLESS IF WHETHER THE MODEL IS
 MADE  PUBLICLY AVAILABLE, SHALL ENSURE THAT THE FOLLOWING INFORMATION IS
 DISCLOSED TO EACH EMPLOYEE WHOSE DATA IS USED TO  TRAIN  THE  ARTIFICIAL
 INTELLIGENCE MODEL:
   (A)  THE  INTENDED  PURPOSE  OF  THE  ARTIFICIAL INTELLIGENCE MODEL OR
 SERVICE;
   (B) A DESCRIPTION OF HOW THE COLLECTED DATASETS FURTHER  THE  INTENDED
 PURPOSE OF THE ARTIFICIAL INTELLIGENCE MODEL OR SERVICE;
   (C) A DESCRIPTION OF THE TYPES OF DATA POINTS WITHIN THE DATASETS;
   (D)  WHETHER  THE  DATASETS  INCLUDE  PERSONAL INFORMATION OR PERSONAL
 IDENTIFYING INFORMATION, AS DEFINED IN  SECTION  EIGHT  HUNDRED  NINETY-
 NINE-AAA OF THIS CHAPTER;
   (E)  THE  DATES THE DATASETS WERE FIRST USED DURING THE DEVELOPMENT OF
 THE ARTIFICIAL INTELLIGENCE MODEL OR SERVICE; AND
   (F) THE TIME PERIOD  DURING  WHICH  THE  DATA  IN  THE  DATASETS  WERE
 COLLECTED, INCLUDING A NOTICE IF THE DATA COLLECTION IS ONGOING.
   2.  AN  ENTITY  THAT USES EMPLOYEE OR CONTRACTOR DATA TO DESIGN, CODE,
 PRODUCE, OR SUBSTANTIALLY MODIFY A  GENERATIVE  ARTIFICIAL  INTELLIGENCE
 MODEL  OR  SERVICE  SHALL  NOT  BE  REQUIRED TO DISCLOSE THE INFORMATION
 REQUIRED BY THIS SECTION IF THE MODEL OR SERVICE:
   (A) IS SOLELY INTENDED TO BE USED IN THE OPERATION OF AIRCRAFT IN  THE
 NATIONAL AIRSPACE; OR
   (B)  IS DEVELOPED FOR NATIONAL SECURITY, MILITARY, OR DEFENSE PURPOSES
 AND ONLY MADE AVAILABLE TO A FEDERAL ENTITY.
   § 2. This act shall take effect immediately.