Plain Language
This section establishes the Attorney General's exclusive enforcement authority, expressly bars any private right of action (including by excluding GBL § 349(h)), and sets penalties up to $50,000 per violation plus injunctive relief and public disclosure of non-compliance. It also creates an affirmative defense for developers who discover violations through red-teaming, cure them within 60 days, notify the AG with mitigation evidence, and comply with the NIST AI RMF, ISO/IEC 42001, or a substantially equivalent framework. The affirmative defense applies only to AG enforcement actions and does not affect other legal rights or remedies. This provision creates no independent compliance obligation — it defines enforcement consequences and safe harbors for the obligations imposed by §§ 1711 and 1712.
Statutory Text
§ 1713. Enforcement. 1. The attorney general shall have exclusive authority to enforce the provisions of this article. 2. Nothing in this article shall be construed as providing the basis for a private right of action for violations of the provisions of this article. 3. A violation of the requirements established in this article shall constitute an unfair trade practice for purposes of section three hundred forty-nine of this chapter and shall be enforced solely by the attorney general; provided, however, that subdivision (h) of section three hundred forty-nine of this chapter shall not apply to any such violation. 4. (a) In any action commenced by the attorney general for any violation of this article, it shall be an affirmative defense that the developer, deployer, or other person: (i) discovers a violation of any provision of this article through red-teaming; (ii) no later than sixty days after discovering such violation through red-teaming: (A) cures such violation; and (B) provides to the attorney general, in a form and manner prescribed by the attorney general, notice that such violation has been cured and evidence that any harm caused by such violation has been mitigated; and (iii) is otherwise in compliance with the latest version of: (A) the Artificial Intelligence Risk Management Framework published by the national institute of standards and technology; (B) ISO/IEC 42001 of the international organization for standardization and the international electrotechnical commission; (C) a nationally or internationally recognized risk management framework for artificial intelligence decision technology, other than the risk management frameworks described in clauses (A) and (B) of this subparagraph, that imposes requirements that are substantially equivalent to, and at least as stringent as, the requirements established pursuant to this article; or (D) any risk management framework for artificial intelligence decision technology that is substantially equivalent to, and at least as stringent as, the risk management frameworks described in clauses (A), (B), and (C) of this subparagraph. (b) The developer, deployer, or other person bears the burden of demonstrating to the attorney general that the requirements established pursuant to paragraph (a) of this subdivision have been satisfied. (c) Nothing in this article, including, but not limited to, the enforcement authority granted to the attorney general pursuant to this section, shall be construed to preempt or otherwise affect any right, claim, remedy, presumption, or defense available at law or in equity. Any rebuttable presumption or affirmative defense established pursuant to this article shall apply only to an enforcement action brought by the attorney general pursuant to this section and shall not apply to any right, claim, remedy, presumption, or defense available at law or in equity. 3. Any developer found to be in violation of this article may be subject to: (a) Civil penalties not to exceed fifty thousand dollars per violation; (b) Injunctive relief to halt deployment of an AI technology; or (c) Public disclosure of non-compliant practices.