Bill Text: NY S09640 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certification of filings produced using generative artificial intelligence; requires the brief of an appellant to contain a disclosure of the use of generative artificial intelligence in the drafting of the brief and certification that the content therein was reviewed and verified by a human.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-16 - REFERRED TO JUDICIARY [S09640 Detail]

Download: New_York-2023-S09640-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9640

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Judiciary

        AN ACT to amend the civil practice law and rules, in relation to requir-
          ing disclosure of use of generative artificial intelligence in a civil
          action

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

     1    Section 1. The civil practice law and rules is amended by adding a new
     2  rule 2107 to read as follows:
     3    Rule  2107.  (a)  Certification  of  filings produced using generative
     4  artificial intelligence. Any paper or file served that was drafted  with
     5  the  assistance of generative artificial intelligence must attach to the
     6  filing a separate affidavit disclosing such use and  certifying  that  a
     7  human being has reviewed the source material and verified that the arti-
     8  ficially generated content is accurate.
     9    (b)  For the purposes of this section, "generative artificial intelli-
    10  gence" shall mean the use  of  machine  learning  technology,  software,
    11  automation,  and  algorithms  to  perform  tasks,  to  make rules and/or
    12  predictions based on existing data sets and instructions, including, but
    13  not limited to:
    14    1. any artificial system that performs tasks under varying and  unpre-
    15  dictable  circumstances without significant human oversight, or that can
    16  learn from experience and improve performance when exposed to data sets;
    17    2. an artificial system developed in computer software, physical hard-
    18  ware, or other context that solves tasks  requiring  human-like  percep-
    19  tion, cognition, planning, learning, communication, or physical action;
    20    3. an artificial system designed to think or act like a human, includ-
    21  ing cognitive architectures and neural networks;
    22    4.  a  set of techniques, including machine learning, that is designed
    23  to approximate a cognitive task; and/or
    24    5. an artificial system  designed  to  act  rationally,  including  an
    25  intelligent  software  agent or embodied robot that achieves goals using
    26  perception,  planning,  reasoning,  learning,  communicating,   decision
    27  making, and acting.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15648-01-4
        S. 9640                             2

     1    (c) Where no generative artificial intelligence was used in the draft-
     2  ing of a paper or file, no disclosure is required under this rule.
     3    §  2.  Paragraphs 4 and 5 of subdivision (a) of rule 5528 of the civil
     4  practice law and rules, paragraph 5 as amended by  chapter  730  of  the
     5  laws  of  1963,  are  amended  and a new paragraph 6 is added to read as
     6  follows:
     7    4. the argument for the appellant, which shall be divided into  points
     8  by appropriate headings distinctively printed; [and]
     9    5.  an  appendix,  which may be bound separately, containing only such
    10  parts of the record on appeal as are necessary to consider the questions
    11  involved, including those parts the appellant reasonably assumes will be
    12  relied upon by the respondent; provided,  however,  that  the  appellate
    13  division  in  each  department  may by rule applicable in the department
    14  authorize an appellant at [his] the appellant's election to proceed upon
    15  a record on appeal printed or reproduced in like manner as an  appendix,
    16  and  in the event of such election an appendix shall not be required[.];
    17  and
    18    6. if required by rule 2107, a disclosure of  the  use  of  generative
    19  artificial  intelligence  in the drafting of the brief and certification
    20  that the content therein was reviewed and verified by a human.
    21    § 3. This act shall take effect on the ninetieth day  after  it  shall
    22  have become a law.