Bill Text: NY A00216 | 2023-2024 | General Assembly | Amended
Bill Title: Requires advertisements to disclose the use of a synthetic performer; imposes a $1,000 civil penalty for a first violation and a $5,000 penalty for any subsequent violation.
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Introduced) 2024-06-06 - reported referred to rules [A00216 Detail]
Download: New_York-2023-A00216-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 216--C 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. L. ROSENTHAL, GLICK, GUNTHER, LEVENBERG, SHIMSKY, SIMON, ZACCARO, SANTABARBARA, BRONSON -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Consumer Affairs and Protection in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee AN ACT to amend the general business law, in relation to requiring advertisements to disclose the use of a synthetic performer The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 396-b of the general business law, as added by 2 chapter 1031 of the laws of 1965, is amended to read as follows: 3 § 396-b. Advertisements. 1. (a) For the purposes of this section, 4 "generative artificial intelligence" means the use of machine learning 5 technology, software, automation, and algorithms to perform tasks, 6 to make rules and/or predictions based on existing data sets and 7 instructions, including, but not limited to: 8 (i) Any artificial system that performs tasks under varying and unpre- 9 dictable circumstances without significant human oversight, or that can 10 learn from experience and improve performance when exposed to data sets; 11 (ii) An artificial system developed in computer software, physical 12 hardware, or other context that solves tasks requiring human-like 13 perception, cognition, planning, learning, communication, or physical 14 action; 15 (iii) An artificial system designed to think or act like a human, 16 including cognitive architectures and neural networks; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01400-08-4A. 216--C 2 1 (iv) A set of techniques, including machine learning, that is designed 2 to approximate a cognitive task; and/or 3 (v) An artificial system designed to act rationally, including an 4 intelligent software agent or embodied robot that achieves goals using 5 perception, planning, reasoning, learning, communicating, decision 6 making, and acting. 7 (b) For purposes of this section, "synthetic performer" means a 8 digitally created asset created, reproduced, or modified by computer, 9 using generative artificial intelligence or a software algorithm, that 10 is intended to create the impression that the asset is a natural 11 performer who is not recognizable as any identifiable natural performer. 12 2. Any person, firm, corporation or association, or agent or employee 13 thereof, hereinafter called person, who, being engaged in the business 14 of dealing in any property, makes, publishes, disseminates, circulates 15 or places before the public or causes, directly or indirectly, to be 16 made, published, disseminated, circulated or placed before the public, 17 in this state, any advertisement respecting any such property, in any 18 newspaper, magazine, or other publication, or over any radio station or 19 television station, unless it is stated in any such advertisement that 20 the advertiser is a dealer in such property or from the context of any 21 such advertisement, it plainly appears that such person is a dealer in 22 such property so offered for sale in any such advertisement; or when 23 placing or causing any such advertisement to appear in any newspaper, 24 magazine or other publication or radio or television station as 25 described in this section, if requested by the publisher of any such 26 newspaper, magazine or other publication or owner or operator of such 27 radio or television station or any agent or representative thereof to 28 file with such owner or operator, publisher, agent or representative 29 thereof [his] such person's true name, or where [he] such person is 30 transacting business under a name other than the true name pursuant to 31 law, then the name under which such business is transacted, and each 32 business address wherein any business is transacted by [him] such 33 person, in the class of property advertised or to be advertised for sale 34 in such advertisement, shall make any false statement in relation to any 35 of such items; or if requested by the publisher of any such newspaper, 36 magazine or other publication or owner or operator of such radio or 37 television station or any agent or representative thereof to file with 38 such owner, operator, publisher, agent or representative thereof a 39 statement showing whether [he] such person is causing such advertisement 40 to appear or is offering to make such sale or disposition or trans- 41 action, as herein set forth, as principal or agent, and if as agent, to 42 set forth such information as is specified in this section, in relation 43 to [his] such person's principal as well as in relation to [himself] 44 such person, shall make any false statement in relation to any of such 45 items; is guilty of a misdemeanor. 46 3. Any person engaged in the business of dealing in any property or 47 service who for any commercial purpose makes, publishes, disseminates, 48 circulates or places before the public or causes, directly or indirect- 49 ly, to be made, published, disseminated, circulated or placed before the 50 public any advertisement respecting any such property or service, in any 51 medium or media in which such advertisement appears, shall disclose in 52 such advertisement if a synthetic performer is in such advertisement, 53 where such person has actual knowledge. A violation of this subdivision 54 shall result in a civil penalty of one thousand dollars for a first 55 violation, and five thousand dollars for any subsequent violation.A. 216--C 3 1 4. Nothing in this section shall limit or reduce any rights any person 2 may have under section fifty, fifty-f, or fifty-one of the civil rights 3 law or under any other law. 4 5. Nothing in this section shall be construed to limit, or to enlarge, 5 the protections that 47 U.S.C. section 230 confers on an interactive 6 computer service for content provided by another information content 7 provider, as such terms are defined in 47 U.S.C. section 230. 8 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 9 sion, section or part of this act shall be adjudged by any court of 10 competent jurisdiction to be invalid, such judgment shall not affect, 11 impair, or invalidate the remainder thereof, but shall be confined in 12 its operation to the clause, sentence, paragraph, subdivision, section 13 or part thereof directly involved in the controversy in which such judg- 14 ment shall have been rendered. It is hereby declared to be the intent of 15 the legislature that this act would have been enacted even if such 16 invalid provisions had not been included herein. 17 § 3. This act shall take effect immediately.
