WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
Sections 1 through 9 of this act may be cited as the "Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act".
Establishes the short title of Sections 1 through 9 as the "Artificial Intelligence Accountability Act." This section creates no compliance obligation.
(A)–(S) As used in the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act: A. "artificial intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A)" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments; B. "capture devicecapture device"capture device" means a device that can record photographs, audio or video content, including video and still photography cameras, mobile phones with built-in cameras or microphones and voice recorders;Section 2(B)" means a device that can record photographs, audio or video content, including video and still photography cameras, mobile phones with built-in cameras or microphones and voice recorders; C. "capture device manufacturerCapture device manufacturer"capture device manufacturer" means a person that produces a capture device for sale in the state; provided that "capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device;Section 2(C)" means a person that produces a capture devicecapture device"capture device" means a device that can record photographs, audio or video content, including video and still photography cameras, mobile phones with built-in cameras or microphones and voice recorders;Section 2(B) for sale in the state; provided that "capture device manufacturerCapture device manufacturer"capture device manufacturer" means a person that produces a capture device for sale in the state; provided that "capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device;Section 2(C)" does not include a person exclusively engaged in the assembly of a capture devicecapture device"capture device" means a device that can record photographs, audio or video content, including video and still photography cameras, mobile phones with built-in cameras or microphones and voice recorders;Section 2(B); D. "covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D)" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J) and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state; E. "deceptive synthetic contentdeceptive synthetic content"deceptive synthetic content" means synthetic content that: (1) realistically depicts conduct that the depicted person did not engage in; (2) makes the depicted person identifiable; (3) was disseminated without the consent of the depicted person; and (4) would be believed to be authentic by a reasonable person;Section 2(E)" means synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R) that: (1) realistically depicts conduct that the depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F) did not engage in; (2) makes the depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F) identifiable; (3) was disseminated without the consent of the depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F); and (4) would be believed to be authentic by a reasonable person; F. "depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F)" means a natural person depicted in synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R); G. "digital signaturedigital signature"digital signature" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section;Section 2(G)" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section; H. "disseminationdissemination"dissemination" means an act of sharing, including: (1) posting or uploading content to a public or semi-public platform or service; (2) distributing, sending or sharing content with one or more persons via electronic, digital or physical means; or (3) otherwise making content accessible to others in a manner reasonably expected to cause it to be viewed, accessed or received;Section 2(H)" means an act of sharing, including: (1) posting or uploading content to a public or semi-public platform or service; (2) distributing, sending or sharing content with one or more persons via electronic, digital or physical means; or (3) otherwise making content accessible to others in a manner reasonably expected to cause it to be viewed, accessed or received; I. "established standards-setting bodyestablished standards-setting body"established standards-setting body" means an organization, institution, governmental agency or other person that is widely accepted commercially and advances measurement science, technical standards and technology;Section 2(I)" means an organization, institution, governmental agency or other person that is widely accepted commercially and advances measurement science, technical standards and technology; J. "generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J)" means an artificial intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) that can generate derived synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R), including text, images, video and audio, that emulates the structure and characteristics of the system's training data; K. "large online platformLarge online platform"large online platform" means a public-facing social media platform, file-sharing platform, mass messaging platform or stand-alone search engine that disseminates synthetic content to users and has more than two million active monthly users within the United States; provided that "large online platform" does not include a broadband internet access service or a telecommunications service as defined under federal law;Section 2(K)" means a public-facing social media platform, file-sharing platform, mass messaging platform or stand-alone search engine that disseminates synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R) to users and has more than two million active monthly users within the United States; provided that "large online platformLarge online platform"large online platform" means a public-facing social media platform, file-sharing platform, mass messaging platform or stand-alone search engine that disseminates synthetic content to users and has more than two million active monthly users within the United States; provided that "large online platform" does not include a broadband internet access service or a telecommunications service as defined under federal law;Section 2(K)" does not include a broadband internet access service or a telecommunications service as defined under federal law; L. "latentlatent"latent" means present but not manifest;Section 2(L)" means present but not manifestmanifest"manifest" means easily perceived, understood or recognized by a person;Section 2(M); M. "manifestmanifest"manifest" means easily perceived, understood or recognized by a person;Section 2(M)" means easily perceived, understood or recognized by a person; N. "metadata" means structural or descriptive information about data; O. "personal informationpersonal information"personal information" means information that identifies, relates to, describes or is reasonably capable of being associated with an identifiable person;Section 2(O)" means information that identifies, relates to, describes or is reasonably capable of being associated with an identifiable person; P. "personal provenance datapersonal provenance data"personal provenance data" means provenance data that does not include information contained within a digital signature and that either contains: (1) personal information; or (2) unique device, system or service information reasonably capable of being associated with a particular user;Section 2(P)" means provenance dataprovenance data"provenance data" means data embedded into digital content or included in metadata to verify the content's authenticity, origin or history of modification;Section 2(Q) that does not include information contained within a digital signaturedigital signature"digital signature" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section;Section 2(G) and that either contains: (1) personal informationpersonal information"personal information" means information that identifies, relates to, describes or is reasonably capable of being associated with an identifiable person;Section 2(O); or (2) unique device, system or service information reasonably capable of being associated with a particular user; Q. "provenance dataprovenance data"provenance data" means data embedded into digital content or included in metadata to verify the content's authenticity, origin or history of modification;Section 2(Q)" means data embedded into digital content or included in metadata to verify the content's authenticity, origin or history of modification; R. "synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R)" means content that has been produced or significantly modified by a generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J), including audio, visual or audiovisual media that could reasonably be perceived as authentic; and S. "system provenance datasystem provenance data"system provenance data" means provenance data that is not reasonably capable of being associated with a natural person and that describes: (1) the type of device, system or service used to generate or modify content; and (2) the date of public dissemination and the platform on which dissemination occurred.Section 2(S)" means provenance dataprovenance data"provenance data" means data embedded into digital content or included in metadata to verify the content's authenticity, origin or history of modification;Section 2(Q) that is not reasonably capable of being associated with a natural person and that describes: (1) the type of device, system or service used to generate or modify content; and (2) the date of public disseminationdissemination"dissemination" means an act of sharing, including: (1) posting or uploading content to a public or semi-public platform or service; (2) distributing, sending or sharing content with one or more persons via electronic, digital or physical means; or (3) otherwise making content accessible to others in a manner reasonably expected to cause it to be viewed, accessed or received;Section 2(H) and the platform on which disseminationdissemination"dissemination" means an act of sharing, including: (1) posting or uploading content to a public or semi-public platform or service; (2) distributing, sending or sharing content with one or more persons via electronic, digital or physical means; or (3) otherwise making content accessible to others in a manner reasonably expected to cause it to be viewed, accessed or received;Section 2(H) occurred.
Defines nineteen terms used throughout the Act, including the three covered entity types — covered provider, capture device manufacturer, and large online platform — and the central concepts of synthetic content, deceptive synthetic content, provenance data, and system provenance data. The covered provider definition incorporates a two-million-active-monthly-user threshold within the United States, mirroring the approach in California's AB 3211. The definition of deceptive synthetic content requires all four elements — realistic depiction of conduct the person did not engage in, identifiability, non-consent, and reasonable-person authenticity — creating a conjunctive standard that governs both civil liability (Section 8) and the platform takedown obligation (Section 6).
(A) 1 A covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D) shall offer a user the option to include a manifestmanifest"manifest" means easily perceived, understood or recognized by a person;Section 2(M) disclosure in synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R) created or altered by the covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D)'s generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J) that: (1) identifies the content as generated by artificial intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A); (2) is clear, conspicuous, appropriate for the medium and understandable to a reasonable person; and (3) is permanent or extraordinarily difficult to remove, to the extent technically feasible.
(B) 2 A covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D) shall include a latentlatent"latent" means present but not manifest;Section 2(L) disclosure in synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R) created or altered by the covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D)'s generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J) that: (1) conveys, to the extent technically feasible: (a) the name of the covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D); (b) the name and version of the generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J); (c) the date and time of creation or alteration; and (d) a unique identifier for the content; (2) is detectable by a provenance detection tool; (3) complies with provenance standards accepted by an established standards-setting bodyestablished standards-setting body"established standards-setting body" means an organization, institution, governmental agency or other person that is widely accepted commercially and advances measurement science, technical standards and technology;Section 2(I); and (4) is permanent or extraordinarily difficult to remove.
(C) 3 A covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D) licensing the covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D)'s generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J) to a third party shall require, by contract, continued compliance with this section and shall revoke the license within ninety-six hours of discovering material noncompliance.
Section 3 imposes three distinct obligations on covered providers. First, they must offer users the option to include a manifest (human-visible) disclosure in AI-generated content that identifies the content as AI-generated, is clear and conspicuous, and is permanent or extraordinarily difficult to remove. Second, they must embed a latent (machine-readable) disclosure in all synthetic content by default — conveying the provider name, system name and version, creation timestamp, and a unique content identifier — that complies with established standards-body provenance standards. Third, when licensing their generative AI system to a third party, covered providers must contractually require the licensee's continued compliance with the section and must revoke the license within 96 hours of discovering material noncompliance.
(A) 4 A covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D) shall make available at no cost a publicly accessible provenance detection tool that: (1) allows users to read provenance dataprovenance data"provenance data" means data embedded into digital content or included in metadata to verify the content's authenticity, origin or history of modification;Section 2(Q) embedded in content; (2) reveals system provenance datasystem provenance data"system provenance data" means provenance data that is not reasonably capable of being associated with a natural person and that describes: (1) the type of device, system or service used to generate or modify content; and (2) the date of public dissemination and the platform on which dissemination occurred.Section 2(S) only; (3) does not reveal personal provenance datapersonal provenance data"personal provenance data" means provenance data that does not include information contained within a digital signature and that either contains: (1) personal information; or (2) unique device, system or service information reasonably capable of being associated with a particular user;Section 2(P); (4) supports uploads, uniform resource locators and integration with application programming interfaces; and (5) complies with standards adopted by an established standards-setting bodyestablished standards-setting body"established standards-setting body" means an organization, institution, governmental agency or other person that is widely accepted commercially and advances measurement science, technical standards and technology;Section 2(I).
(B) 5 A covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D) shall not retain content or personal provenance datapersonal provenance data"personal provenance data" means provenance data that does not include information contained within a digital signature and that either contains: (1) personal information; or (2) unique device, system or service information reasonably capable of being associated with a particular user;Section 2(P) submitted to the tool longer than reasonably necessary to comply with this section.
Section 4 requires covered providers to make publicly available, at no cost, a provenance detection tool that allows anyone to read provenance data embedded in content. The tool must reveal only system provenance data (not personal provenance data), support multiple input methods (uploads, URLs, and APIs), and comply with established standards. Additionally, covered providers must not retain content or personal provenance data submitted to the tool longer than reasonably necessary.
(A)–(B) 6 A. A capture device manufacturerCapture device manufacturer"capture device manufacturer" means a person that produces a capture device for sale in the state; provided that "capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device;Section 2(C) shall, for a capture devicecapture device"capture device" means a device that can record photographs, audio or video content, including video and still photography cameras, mobile phones with built-in cameras or microphones and voice recorders;Section 2(B) first produced for sale in the state on or after January 1, 2028: (1) embed a latentlatent"latent" means present but not manifest;Section 2(L) disclosure by default that identifies the manufacturer, device model and version and date and time of capture; and (2) provide users the option to opt out of the latentlatent"latent" means present but not manifest;Section 2(L) disclosure. B. To the extent technically feasible, compliance shall be aligned with standards accepted by an established standards-setting bodyestablished standards-setting body"established standards-setting body" means an organization, institution, governmental agency or other person that is widely accepted commercially and advances measurement science, technical standards and technology;Section 2(I).
Section 5 requires capture device manufacturers to embed latent provenance disclosures by default in capture devices first produced for sale in the state on or after January 1, 2028. The embedded disclosure must identify the manufacturer, device model and version, and capture date and time. Users must be given the option to opt out. Compliance must be aligned with standards accepted by an established standards-setting body to the extent technically feasible.
(A)(1)–(4) 7 A large online platformLarge online platform"large online platform" means a public-facing social media platform, file-sharing platform, mass messaging platform or stand-alone search engine that disseminates synthetic content to users and has more than two million active monthly users within the United States; provided that "large online platform" does not include a broadband internet access service or a telecommunications service as defined under federal law;Section 2(K) shall: (1) detect system provenance datasystem provenance data"system provenance data" means provenance data that is not reasonably capable of being associated with a natural person and that describes: (1) the type of device, system or service used to generate or modify content; and (2) the date of public dissemination and the platform on which dissemination occurred.Section 2(S) in disseminated content; (2) append the platform name and posting date to system provenance datasystem provenance data"system provenance data" means provenance data that is not reasonably capable of being associated with a natural person and that describes: (1) the type of device, system or service used to generate or modify content; and (2) the date of public dissemination and the platform on which dissemination occurred.Section 2(S); (3) provide a user interface that discloses the available system provenance datasystem provenance data"system provenance data" means provenance data that is not reasonably capable of being associated with a natural person and that describes: (1) the type of device, system or service used to generate or modify content; and (2) the date of public dissemination and the platform on which dissemination occurred.Section 2(S); (4) allow users to inspect, download or otherwise access to system provenance datasystem provenance data"system provenance data" means provenance data that is not reasonably capable of being associated with a natural person and that describes: (1) the type of device, system or service used to generate or modify content; and (2) the date of public dissemination and the platform on which dissemination occurred.Section 2(S);
(A)(5) 8 and (5) provide a user interface for requesting that deceptive synthetic contentdeceptive synthetic content"deceptive synthetic content" means synthetic content that: (1) realistically depicts conduct that the depicted person did not engage in; (2) makes the depicted person identifiable; (3) was disseminated without the consent of the depicted person; and (4) would be believed to be authentic by a reasonable person;Section 2(E) be taken down and respond within seventy-two hours to those requests.
(B) 9 A large online platformLarge online platform"large online platform" means a public-facing social media platform, file-sharing platform, mass messaging platform or stand-alone search engine that disseminates synthetic content to users and has more than two million active monthly users within the United States; provided that "large online platform" does not include a broadband internet access service or a telecommunications service as defined under federal law;Section 2(K) shall not strip system provenance datasystem provenance data"system provenance data" means provenance data that is not reasonably capable of being associated with a natural person and that describes: (1) the type of device, system or service used to generate or modify content; and (2) the date of public dissemination and the platform on which dissemination occurred.Section 2(S) or digital signaturesdigital signature"digital signature" means a cryptography-based method that identifies the user or entity that attests to the information provided in the signed section;Section 2(G) that are compliant with standards set by an established standards-setting bodyestablished standards-setting body"established standards-setting body" means an organization, institution, governmental agency or other person that is widely accepted commercially and advances measurement science, technical standards and technology;Section 2(I).
(C) A large online platformLarge online platform"large online platform" means a public-facing social media platform, file-sharing platform, mass messaging platform or stand-alone search engine that disseminates synthetic content to users and has more than two million active monthly users within the United States; provided that "large online platform" does not include a broadband internet access service or a telecommunications service as defined under federal law;Section 2(K) shall not be deemed to have knowingly disseminated deceptive synthetic contentdeceptive synthetic content"deceptive synthetic content" means synthetic content that: (1) realistically depicts conduct that the depicted person did not engage in; (2) makes the depicted person identifiable; (3) was disseminated without the consent of the depicted person; and (4) would be believed to be authentic by a reasonable person;Section 2(E) solely by reason of hosting content if it in good faith preserves provenance dataprovenance data"provenance data" means data embedded into digital content or included in metadata to verify the content's authenticity, origin or history of modification;Section 2(Q), responds promptly to takedown requests and does not materially amplify deceptive synthetic contentdeceptive synthetic content"deceptive synthetic content" means synthetic content that: (1) realistically depicts conduct that the depicted person did not engage in; (2) makes the depicted person identifiable; (3) was disseminated without the consent of the depicted person; and (4) would be believed to be authentic by a reasonable person;Section 2(E) after receiving the request.
Section 6 imposes five affirmative duties and one prohibition on large online platforms. Platforms must detect system provenance data in disseminated content, append their platform name and posting date to it, provide a user interface disclosing available system provenance data, allow users to inspect and download that data, and provide a takedown request interface for deceptive synthetic content with a 72-hour response window. Platforms must not strip standards-compliant system provenance data or digital signatures. A safe harbor protects platforms from being deemed to have knowingly disseminated deceptive synthetic content if they preserve provenance data in good faith, respond promptly to takedown requests, and do not materially amplify deceptive content after receiving a request.
(A)–(J) A. When there is reason to believe that a person may be in possession, custody or control of a document or other tangible object relevant to the subject matter of a civil investigation by the attorney general of a probable violation of the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act, the attorney general may, before initiating a civil proceeding, execute in writing and cause to be served on the person a civil investigative demand that requires the person to answer written interrogatories under oath or to produce the document or object for inspection and copying. B. The civil investigative demand shall not be a matter of public record and shall not be published by the attorney general except by order of the court. C. Each civil investigative demand shall: (1) state the general subject matter of the investigation; (2) describe the classes of documentary material to be produced with reasonable certainty; (3) prescribe the date on which material is to be produced, which shall not be less than ten days after the date of service; and (4) identify the member of the attorney general's staff to whom the documentary material is to be produced. D. A civil investigative demand shall not: (1) contain a requirement that would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of this state; (2) require the disclosure of testimony or documentary material that would be privileged or that for any other reason would not be required by a subpoena duces tecum issued by a court of this state; or (3) require the removal of any documentary material from the custody of the person upon whom the demand is served except in accordance with the provisions of Subsection F of this section. E. Service of the civil investigatory demand may be made by: (1) delivering a duly executed copy to the person to be served, or if the person is not a natural person, to the statutory agent for the person or to any officer of the person; (2) delivering a duly executed copy to the principal place of business in this state of the person to be served; (3) mailing by registered or certified mail a duly executed copy addressed to the person to be served at the person's principal place of business in this state, or, if the person has no place of business in this state, to the person's principal office or place of business; or (4) otherwise serving a duly executed copy in the manner required for service of process in this state. F. Documentary material shall be produced for inspection and copying during normal business hours at the principal office or place of business of the person served or may be inspected and copied at other times and places as may be agreed upon by the person served and the attorney general. G. Documentary material or answers to interrogatories produced pursuant to a civil investigatory demand or copies of documentary material or answers shall not be produced for inspection or copying by anyone other than an authorized employee or agent of the attorney general unless ordered by a court for good cause shown or upon agreement between the person served and the attorney general, nor shall the contents of the documentary material or answers be disclosed to anyone other than an authorized employee or agent of the attorney general or an authorized employee of a state or federal law enforcement agency or in a court in an action relating to a violation of state law. H. At any time before the return date of the civil investigatory demand, a petition to set aside the demand, modify the demand or extend the return date may be filed in the district court for Santa Fe county, and the court on a showing of good cause may set aside the demand, modify the demand or extend the return date of the demand. I. After service of the civil investigative demand on a person, if the person neglects or refuses to comply with the demand, the attorney general may invoke the aid of the court in the enforcement of the demand. In appropriate cases, the court shall issue its order requiring the person to appear and produce the documentary material required in the demand and may, on failure of the person to comply with the order, punish the person for contempt. J. This section is not applicable to criminal prosecutions.
(K) Upon reasonable belief that there has been a violation of the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act, the attorney general may bring an action in the name of the state to enforce the provisions of that act.
(L)–(M) L. A person who violates the provisions of the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act is liable for a civil penalty in the amount of fifteen thousand dollars ($15,000) per violation, to be collected in a civil action filed by the attorney general on behalf of the state. In an action brought pursuant to the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act, the attorney general shall be entitled to all reasonable attorney costs and fees. M. Each day that a covered providerCovered provider"covered provider" means a person that provides a consumer-facing online service, application programming interface, website or mobile application that allows users to generate or substantially modify content, including images, audio, video or any combination of those, with a generative artificial intelligence system and that has more than two million active monthly users within the United States and is publicly accessible within the geographic boundaries of the state;Section 2(D), large online platformLarge online platform"large online platform" means a public-facing social media platform, file-sharing platform, mass messaging platform or stand-alone search engine that disseminates synthetic content to users and has more than two million active monthly users within the United States; provided that "large online platform" does not include a broadband internet access service or a telecommunications service as defined under federal law;Section 2(K) or capture device manufacturerCapture device manufacturer"capture device manufacturer" means a person that produces a capture device for sale in the state; provided that "capture device manufacturer" does not include a person exclusively engaged in the assembly of a capture device;Section 2(C) is in violation of the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act shall be deemed a separate violation.
(N) The attorney general may promulgate rules to implement the provisions of the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act.
Section 7 establishes the attorney general's enforcement authority, including the power to issue civil investigative demands (CIDs) before initiating a civil proceeding, bring enforcement actions upon reasonable belief of a violation, and promulgate implementing rules. CIDs must comply with procedural safeguards — stating the investigation subject, describing required materials, and permitting motions to quash in Santa Fe County district court. Each day of noncompliance by a covered provider, large online platform, or capture device manufacturer constitutes a separate violation. Violators face a $15,000 per-violation civil penalty, and the attorney general is entitled to reasonable attorney costs and fees. This section does not apply to criminal prosecutions.
(A) 10 A person shall be civilly liable for the disseminationdissemination"dissemination" means an act of sharing, including: (1) posting or uploading content to a public or semi-public platform or service; (2) distributing, sending or sharing content with one or more persons via electronic, digital or physical means; or (3) otherwise making content accessible to others in a manner reasonably expected to cause it to be viewed, accessed or received;Section 2(H) of deceptive synthetic contentdeceptive synthetic content"deceptive synthetic content" means synthetic content that: (1) realistically depicts conduct that the depicted person did not engage in; (2) makes the depicted person identifiable; (3) was disseminated without the consent of the depicted person; and (4) would be believed to be authentic by a reasonable person;Section 2(E) when the person knows or recklessly disregards that the disseminationdissemination"dissemination" means an act of sharing, including: (1) posting or uploading content to a public or semi-public platform or service; (2) distributing, sending or sharing content with one or more persons via electronic, digital or physical means; or (3) otherwise making content accessible to others in a manner reasonably expected to cause it to be viewed, accessed or received;Section 2(H) is reasonably likely to harass, entrap, defame, extort or otherwise cause financial or reputational harm to the depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F).
(B) 11 A depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F) may request that a large online platformLarge online platform"large online platform" means a public-facing social media platform, file-sharing platform, mass messaging platform or stand-alone search engine that disseminates synthetic content to users and has more than two million active monthly users within the United States; provided that "large online platform" does not include a broadband internet access service or a telecommunications service as defined under federal law;Section 2(K) take down the deceptive synthetic contentdeceptive synthetic content"deceptive synthetic content" means synthetic content that: (1) realistically depicts conduct that the depicted person did not engage in; (2) makes the depicted person identifiable; (3) was disseminated without the consent of the depicted person; and (4) would be believed to be authentic by a reasonable person;Section 2(E) using the interface required pursuant to Section 6 of the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act.
(C)–(D) C. A person who contends that there has been a violation of the Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act has the right to pursue a private right of action in the district court. This remedy is not exclusive and is in addition to any other remedies prescribed by law or available pursuant to common law. D. A prevailing plaintiff may recover attorney fees and damages equal to the greater of one thousand dollars ($1,000) per view of or instance of interaction with the deceptive synthetic contentdeceptive synthetic content"deceptive synthetic content" means synthetic content that: (1) realistically depicts conduct that the depicted person did not engage in; (2) makes the depicted person identifiable; (3) was disseminated without the consent of the depicted person; and (4) would be believed to be authentic by a reasonable person;Section 2(E) or actual damages.
(E)–(F) E. It is not a defense that the generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J) acted autonomously or that the depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F) consented to the creation of the synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R) or to the nonpublic dissemination of the synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R). F. This section does not apply to the disseminationdissemination"dissemination" means an act of sharing, including: (1) posting or uploading content to a public or semi-public platform or service; (2) distributing, sending or sharing content with one or more persons via electronic, digital or physical means; or (3) otherwise making content accessible to others in a manner reasonably expected to cause it to be viewed, accessed or received;Section 2(H) of deceptive synthetic contentdeceptive synthetic content"deceptive synthetic content" means synthetic content that: (1) realistically depicts conduct that the depicted person did not engage in; (2) makes the depicted person identifiable; (3) was disseminated without the consent of the depicted person; and (4) would be believed to be authentic by a reasonable person;Section 2(E) if the disseminationdissemination"dissemination" means an act of sharing, including: (1) posting or uploading content to a public or semi-public platform or service; (2) distributing, sending or sharing content with one or more persons via electronic, digital or physical means; or (3) otherwise making content accessible to others in a manner reasonably expected to cause it to be viewed, accessed or received;Section 2(H) is made as part of lawful law enforcement activity; legal proceedings; medical or mental health treatment; lawful sale of goods or services with the commercially obtained full consent of the depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F); or satire, parody, criticism, commentary, teaching, scholarship, research, education or news reporting where a reasonable person would not believe the synthetic contentsynthetic content"synthetic content" means content that has been produced or significantly modified by a generative artificial intelligence system, including audio, visual or audiovisual media that could reasonably be perceived as authentic;Section 2(R) to accurately represent the depicted persondepicted person"depicted person" means a natural person depicted in synthetic content;Section 2(F)'s speech or conduct.
(G) In a civil action filed pursuant to this section, the court may issue an order to protect the privacy of the plaintiff, including protection by: (1) allowing the plaintiff to use a pseudonym in any documents filed in the action that will be publicly available; (2) requiring the parties to the action to redact all of the plaintiff's personal identifying information from any documents filed in the action that will be publicly available or to file such documents under seal; or (3) issuing a protective order for purposes of discovery in the action, which may include an order indicating that any intimate visual depiction or digital forgery shall remain in the care, custody and control of the court.
Section 8 creates civil liability for any person who disseminates deceptive synthetic content while knowing or recklessly disregarding that the dissemination is reasonably likely to harass, entrap, defame, extort, or otherwise cause financial or reputational harm to the depicted person. It establishes a private right of action — non-exclusive and cumulative with other remedies — and allows prevailing plaintiffs to recover attorney fees and the greater of $1,000 per view or interaction or actual damages. The section forecloses two defenses: that the AI acted autonomously and that the depicted person consented to creation or nonpublic dissemination of the content. Exemptions apply for law enforcement, legal proceedings, medical or mental health treatment, commercially consented goods/services sales, and satire/parody/criticism/commentary/teaching/scholarship/research/education/news reporting where a reasonable person would not believe the content to be authentic. Courts may issue privacy protective orders including pseudonym use, redaction, and sealed filings.
The Artificial Intelligenceartificial intelligence"artificial intelligence" means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input that it receives how to generate outputs that can influence physical or virtual environments;Section 2(A) Accountability Act does not apply to a product, service, internet website or application that provides exclusively non-user-generated video game, television, streaming, movie or interactive experiences.
Section 9 exempts from the entire Artificial Intelligence Accountability Act any product, service, website, or application that provides exclusively non-user-generated video game, television, streaming, movie, or interactive experiences. This carves out traditional entertainment media production from the Act's provenance and disclosure requirements.
12 When a separate finding of fact by the district court or a jury shows that a generative artificial intelligence systemGenerative artificial intelligence system"generative artificial intelligence system" means an artificial intelligence that can generate derived synthetic content, including text, images, video and audio, that emulates the structure and characteristics of the system's training data;Section 2(J) was used to assist in the commission of a noncapital felony, the basic sentence of imprisonment prescribed for the offense in Section 31-18-15 NMSA 1978 shall be increased by one year and the sentence imposed by this section shall be the first year served and shall not be suspended or deferred.
Section 10 adds a new section to Chapter 31, Article 18 NMSA 1978 (criminal sentencing) providing a mandatory one-year sentence enhancement when a district court or jury makes a separate finding of fact that a generative artificial intelligence system was used to assist in the commission of a noncapital felony. The additional year is served first and may not be suspended or deferred. This is a criminal sentencing provision, not a civil compliance obligation.