New York A 235: Relates to the use of biometric data for marketing purposes

Bill Text

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A00235 Summary:

BILL NOA00235 

&nbsp

SAME ASNo Same As

&nbsp

SPONSORVanel

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COSPNSR

&nbsp

MLTSPNSR

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Add §390-f, Gen Bus L

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Requires the owner, licensee or operator of a visual or audio generative artificial intelligence system to take steps to prohibit its users from creating unauthorized realistic depictions of public officials.

Go to top A00235 Actions:

BILL NOA00235 

&nbsp

01/08/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA00235 Committee&nbspVotes:

Go to topA00235 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA00235 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 235

 2025-2026 Regular Sessions

 IN ASSEMBLY

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by M. of A. VANEL -- read once and referred to the Committee
 on Consumer Affairs and Protection

 AN ACT to amend the general business law, in relation to unauthorized
 depictions of public officials generated by artificial intelligence

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new section
 2 390-f to read as follows:
 3 § 390-f. Unauthorized depictions of public officials generated by
 4 artificial intelligence. 1. As used in this section, the following terms
 5 shall have the following meanings:
 6 (a) "Visual or audio generative artificial intelligence system" or
 7 "covered system" shall mean any artificial intelligence system that is
 8 accessible to New York residents whose primary function is to generate
 9 visual or auditory media.
 10 (b) "Artificial intelligence" shall mean a machine-based system that
 11 can, for a given set of human-defined objectives, make predictions,
 12 recommendations, or decisions influencing real or virtual environments.
 13 Artificial intelligence systems use machine- and human-based inputs to
 14 perceive real and virtual environments; abstract such perceptions into
 15 models through analysis in an automated manner; and use model inference
 16 to formulate options for information or action. This definition includes
 17 but is not limited to systems that use machine learning, large language
 18 models, natural language processing, and computer vision technologies,
 19 including generative artificial intelligence.
 20 (c) "Covered person" shall mean any person holding a public office or
 21 a candidate for public office. In the context of notice, covered person
 22 shall include the covered person's agent, employee or representative
 23 acting at the direction of the covered person.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01919-01-5

 A. 235 2

 1 2. The owner, licensee or operator of a visual or audio generative
 2 artificial intelligence system shall implement a reasonable method to
 3 prohibit its users from creating unauthorized realistic depictions of a
 4 covered person within sixty days of being notified by such covered
 5 person that such covered person does not want a realistic depiction of
 6 themselves to be generated by the owner, licensee or operator's system.
 7 An implemented method to prevent the unauthorized creation of realistic
 8 depictions of a covered person shall be considered reasonable when the
 9 owner, licensee or operator of the covered system has implemented a
 10 method that, in relation to the method of user inputs used by the
 11 covered system, is consistent with industry standards, not overly
 12 burdensome on the system, cost-effective to implement and maintain and
 13 is up to date.
 14 3. The owner, licensee or operator of a covered system shall implement
 15 a reasonable method for covered persons to send notice to them under
 16 this section provided that such method is easy to access, understand,
 17 complete and send and that such method provides clear updates to the
 18 sender on the status of their request in a timely manner. The owner,
 19 licensee or operator of a covered system may request a reasonable means
 20 of identification to process such requests.
 21 4. Nothing in this section shall prohibit the owner, licensee or oper-