Bill Text: NY A07904 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires disclosure of the use of artificial intelligence in political communications; directs the state board of elections to create criteria for determining whether a political communication contains an image or video footage created through generative artificial intelligence and to create a definition of content generated by artificial intelligence.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced) 2024-02-27 - print number 7904a [A07904 Detail]

Download: New_York-2023-A07904-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7904--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      July 19, 2023
                                       ___________

        Introduced by M. of A. VANEL, HYNDMAN, SIMON, JACKSON, ZACCARO, SEPTIMO,
          GLICK  --  Multi-Sponsored  by  -- M. of A. LEVENBERG -- read once and
          referred to the Committee  on  Election  Law  --  recommitted  to  the
          Committee  on  Election Law in accordance with Assembly Rule 3, sec. 2
          -- committee discharged, bill amended, ordered  reprinted  as  amended
          and recommitted to said committee

        AN ACT to amend the election law, in relation to requiring disclosure of
          the use of artificial intelligence in political communications

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

     1    Section 1. Section 14-106 of the election law is amended by  adding  a
     2  new subdivision 5 to read as follows:
     3    5.  (a) Any political communication, regardless of whether such commu-
     4  nication is considered a substantial or nominal expenditure,  that  uses
     5  an  image  or  video footage that was generated in whole or in part with
     6  the use of artificial intelligence, as defined by  the  state  board  of
     7  elections,  shall  be  required to disclose that artificial intelligence
     8  was used in such communication in accordance with paragraphs  (b),  (c),
     9  and  (d)  of this subdivision.  Any failure to disclose such information
    10  shall result in a fine equal to the amount  expended  on  such  communi-
    11  cation.
    12    (b) For printed or digital political communications, including but not
    13  limited  to  brochures, flyers, posters, mailings, or internet advertis-
    14  ing, the disclosure required under paragraph  (a)  of  this  subdivision
    15  shall  be  printed  or  typed  in an appropriate legible form to read as
    16  follows:  "This communication was generated  using  artificial  intelli-
    17  gence".
    18    (c)  For  non-printed  and  non-digital  political communications, the
    19  disclosure required under paragraph (a) of this subdivision shall clear-
    20  ly and prominently display and/or  verbally  communicate  the  following

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11856-04-4
        A. 7904--A                          2

     1  statement:  "This  communication was generated using artificial intelli-
     2  gence".
     3    (d) For political communications that are not visual, such as radio or
     4  automated  telephone  calls, the disclosure required under paragraph (a)
     5  of this subdivision shall clearly  verbally  communicate  the  following
     6  statement:  "This  communication was generated using artificial intelli-
     7  gence".
     8    § 2. Section 3-102 of the election law is  amended  by  adding  a  new
     9  subdivision 19 to read as follows:
    10    19.  issue  instructions and promulgate rules and regulations relating
    11  to:   (a) criteria for determining  whether  a  political  communication
    12  contains an image or video footage created through generative artificial
    13  intelligence;  and  (b)  a definition of content generated by artificial
    14  intelligence that considers current and future uses of artificial intel-
    15  ligence and similar technologies that have a high risk for use in creat-
    16  ing and spreading misinformation  or  disinformation  about  candidates,
    17  elections, and issues of concern to the state of New York.
    18    §  3.  This act shall take effect immediately; provided, however, that
    19  the provisions of section two of this act shall take effect on  the  one
    20  hundred twentieth day after it shall have become a law.