Regulon — NY-A-09091 · NY A 9091 (Search Engine AI Disclosure)

A-09091

NY · State · USA

USA

● Pending

New York Assembly Bill 9091 — An Act to amend the general business law, in relation to requiring search engines inform users when showing information which was generated using artificial intelligence

Requires search engines to label AI-generated information displayed to users. When a search engine shows information generated by artificial intelligence, it must inform the user in clear, plain language in the same font size as the information, both directly above the information and as a watermark across it. Violations are subject to a civil penalty of up to $5,000. The bill does not define 'search engine,' does not designate a specific enforcement authority, and does not create a private right of action. The bill is currently pending in the Assembly Committee on Consumer Affairs and Protection.

Summary

Enforcement & Penalties

Enforcement Authority

Enforcement mechanism is not explicitly designated. The statute provides only a civil penalty of up to $5,000 per violation but does not specify which agency or actor may bring the action. No private right of action is created. Enforcement would presumably fall to the Attorney General or a local consumer protection authority under general New York enforcement powers, but this is not stated in the bill text.

Penalties

Civil penalty not to exceed $5,000 per violation. No private damages remedy, injunctive relief, or attorney fees provision. No actual harm required — the penalty attaches to the violation itself.

Who Is Covered

Compliance Obligations 2 obligations · click obligation ID to open requirement page

T-02 AI Content Labeling & Provenance · T-02.1 · Deployer · SearchContent Generation

Gen. Bus. Law § 399-ss(2)(a)-(b)

Plain Language

When a search engine displays information that was generated by AI, it must inform the user that the information is AI-generated, using clear, plain language in the same font size as the AI-generated content. The disclosure must appear in two forms simultaneously: (1) a text notice directly above the AI-generated information, and (2) a watermark overlaid across the AI-generated information. The bill does not define 'search engine,' so the scope of covered entities depends on the ordinary meaning of that term. The dual-format requirement (above-text notice plus watermark) is unusually prescriptive compared to other AI content labeling laws.

Statutory Text

2. Where a search engine displays information which was generated by artificial intelligence, the search engine shall in clear, plain language in the same font size as such information, inform the user that such information was generated by artificial intelligence: (a) directly above such information; and (b) as a watermark across such information.

Other · SearchContent Generation

Gen. Bus. Law § 399-ss(3)

Plain Language

Any violation of the AI disclosure requirements in this section is subject to a civil penalty of up to $5,000. This provision establishes the penalty ceiling but does not specify who may bring enforcement actions or through what process. It creates no independent compliance obligation.

Statutory Text

3. Any violation of this section shall be punishable by a civil penalty not to exceed five thousand dollars.