Senate Bill S7963

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7963
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Elections
 
 AN ACT to amend the election law, in relation to requiring certain poli-
   tical communications to include provenance data for all audio,  images
   or videos used in such communications; 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  "election
 content accountability act".
   §  2.  Section  14-106  of the election law is amended by adding a new
 subdivision 8 to read as follows:
   8. (A) FOR PURPOSES OF THIS SUBDIVISION:
   (I) "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:
 (1)  INFORMATION  ABOUT  THE  ORIGIN OR CREATION OF THE CONTENT; (2) ANY
 SUBSEQUENT EDITING OR MODIFICATION TO THE CONTENT OR ITS  METADATA;  AND
 (3) 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
 STATE  TECHNOLOGY LAW OR A 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.
   (II)  "GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" MEANS A CLASS  OF AI
 MODEL THAT IS SELF-SUPERVISED AND EMULATES THE STRUCTURE AND  CHARACTER-
 ISTICS  OF  INPUT  DATA  IN ORDER TO GENERATE DERIVED SYNTHETIC CONTENT,
 INCLUDING, BUT NOT LIMITED TO, IMAGES, VIDEOS, AUDIO,  TEXT,  AND  OTHER
 DIGITAL CONTENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07928-04-5
 S. 7963                             2
              

 
   (III) "SYNTHETIC CONTENT" MEANS AUDIO, IMAGES OR VIDEOS THAT HAVE BEEN
 PRODUCED  OR  SIGNIFICANTLY MODIFIED BY A GENERATIVE ARTIFICIAL INTELLI-
 GENCE SYSTEM.
   (IV)  "AI  MODEL"  MEANS  AN  INFORMATION  SYSTEM OR A COMPONENT OF AN
 INFORMATION SYSTEM THAT IMPLEMENTS  ARTIFICIAL  INTELLIGENCE  TECHNOLOGY
 AND  USES  COMPUTATIONAL, STATISTICAL, OR MACHINE-LEARNING TECHNIQUES TO
 PRODUCE OUTPUTS FROM A GIVEN SET OF INPUTS.
   (V) "GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER" MEANS  AN  ORGANIZA-
 TION  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.
   (B) COMMENCING WITH THE TWO THOUSAND THIRTY ELECTION CYCLE, A CAMPAIGN
 FOR THE OFFICE OF GOVERNOR, LIEUTENANT GOVERNOR,  ATTORNEY  GENERAL,  OR
 COMPTROLLER  SHALL APPLY PROVENANCE DATA, EITHER DIRECTLY OR THROUGH THE
 USE OF THIRD-PARTY TECHNOLOGY, TO ALL POLITICAL COMMUNICATIONS  DISTRIB-
 UTED OR PUBLISHED BY THE CAMPAIGN THAT ARE PRODUCED AS OR INCLUDE IMAGES
 OR VIDEOS.
   (C) THE APPLICATION OF PROVENANCE DATA TO POLITICAL COMMUNICATIONS, AS
 REQUIRED  BY  THIS  SUBDIVISION,  SHALL,  AT  A MINIMUM, COMMUNICATE THE
 FOLLOWING PROVENANCE DATA:
   (I) THE TYPE OF DEVICE, SYSTEM, OR SERVICE THAT WAS USED  TO  GENERATE
 THE  AUDIO  OR AUDIOS, IMAGE OR IMAGES, AND/OR VIDEO OR VIDEOS WITHIN OR
 COMPRISING THE POLITICAL COMMUNICATION;
   (II) THE SPECIFIC PORTIONS OF THE  POLITICAL  COMMUNICATION  THAT  ARE
 SYNTHETIC CONTENT, IF ANY;
   (III)  WHETHER  THE  CONTENT  WAS  CREATED  OR EDITED USING ARTIFICIAL
 INTELLIGENCE;
   (IV) THE NAME OF THE GENERATIVE ARTIFICIAL INTELLIGENCE PROVIDER  USED
 TO GENERATE THE SYNTHETIC CONTENT, IF ANY; AND
   (V)  THE  TIME  AND DATE ANY OF THE PROVENANCE DATA DELINEATED IN THIS
 PARAGRAPH WAS APPLIED.
   (D) 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 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 OF UP TO FIFTY THOUSAND DOLLARS FOR EACH VIOLATION.
   § 3. The attorney general may promulgate such rules and regulations as
 are  necessary to effectuate and enforce the provisions of subdivision 8
 of section 14-106 of the election law, including identifying  acceptable
 methods,  formats,  and  third  party technologies for campaigns for the
 office of governor, lieutenant  governor,  attorney  general,  or  comp-
 troller  to  use  to  apply  provenance  data to political communication
 pursuant to such subdivision.
   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and paragraphs (b) and (c) of  subdivision  8
 of  section  14-106 of the election law, as added by section two of this
 act, shall expire and be deemed repealed on December 31, 2030.