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.
(1)(a) "Visual or audio generative artificial intelligence systemVisual or audio generative artificial intelligence system"Visual or audio generative artificial intelligence system" or "covered system" shall mean any artificial intelligence system that is accessible to New York residents whose primary function is to generate visual or auditory media.Gen. Bus. Law § 390-f(1)(a)" or "covered system" shall mean any artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language models, natural language processing, and computer vision technologies, including generative artificial intelligence.Gen. Bus. Law § 390-f(1)(b) system that is accessible to New York residents whose primary function is to generate visual or auditory media.
(1)(b) "Artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language models, natural language processing, and computer vision technologies, including generative artificial intelligence.Gen. Bus. Law § 390-f(1)(b)" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language models, natural language processing, and computer vision technologies, including generative artificial intelligence.Gen. Bus. Law § 390-f(1)(b) systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language models, natural language processing, and computer vision technologies, including generative artificial intelligenceArtificial intelligence"Artificial intelligence" shall mean a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments. Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action. This definition includes but is not limited to systems that use machine learning, large language models, natural language processing, and computer vision technologies, including generative artificial intelligence.Gen. Bus. Law § 390-f(1)(b).
(1)(c) "Covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c)" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) shall include the covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c)'s agent, employee or representative acting at the direction of the covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c).
Subdivision 1 establishes the three operative definitions for the section. Covered system is defined functionally — any AI system accessible to New York residents whose primary function is generating visual or auditory media. Artificial intelligence tracks a broad, NIST-aligned definition encompassing machine learning, large language models, NLP, and computer vision. Covered person is limited to public officeholders and candidates, with an extended definition for notice purposes that includes agents, employees, and representatives.
(2) 1 The owner, licensee or operator of a visual or audio generative artificial intelligence systemVisual or audio generative artificial intelligence system"Visual or audio generative artificial intelligence system" or "covered system" shall mean any artificial intelligence system that is accessible to New York residents whose primary function is to generate visual or auditory media.Gen. Bus. Law § 390-f(1)(a) shall implement a reasonable method to prohibit its users from creating unauthorized realistic depictions of a covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) within sixty days of being notified by such covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) that such covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) does not want a realistic depiction of themselves to be generated by the owner, licensee or operatorOwner, licensee or operatorThe owner, licensee or operator of a visual or audio generative artificial intelligence system. (Not separately defined; used as the statutory obligated party throughout § 390-f.)Gen. Bus. Law § 390-f(2)'s system. An implemented method to prevent the unauthorized creation of realistic depictions of a covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) shall be considered reasonable when the owner, licensee or operator of the covered system has implemented a method that, in relation to the method of user inputs used by the covered system, is consistent with industry standards, not overly burdensome on the system, cost-effective to implement and maintain and is up to date.
Subdivision 2 imposes the bill's core operative obligation: owners, licensees, or operators of covered systems must implement a reasonable method to prohibit users from creating unauthorized realistic depictions of a covered person within sixty days of being notified by that person. The obligation is triggered only upon receipt of notice — there is no affirmative pre-notice duty to block depictions of all public officials.
The statute defines reasonableness by reference to industry standards, system burden, cost-effectiveness, and currency — creating a flexible safe harbor for operators who meet this standard rather than prescribing a specific technical approach.
(3) 2 The owner, licensee or operator of a covered system shall implement a reasonable method for covered personsCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) to send notice to them under this section provided that such method is easy to access, understand, complete and send and that such method provides clear updates to the sender on the status of their request in a timely manner. The owner, licensee or operator of a covered system may request a reasonable means of identification to process such requests.
Subdivision 3 imposes a complementary procedural obligation: operators must provide an accessible, understandable, and easy-to-complete notice mechanism through which covered persons can submit their opt-out requests. The mechanism must provide clear status updates on requests in a timely manner. Operators may request reasonable identification to process requests — a practical measure to prevent fraudulent claims of covered-person status.
(4) Nothing in this section shall prohibit the owner, licensee or operator of a covered system from implementing reasonable safeguards to permit the covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c), their agent, employee or representative to use such covered system to generate realistic depictions of such covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c), provided however that such owner, licensee or operator of such covered system shall be liable in the same manner as if they had violated subdivision two of this section where such safeguards are not reasonable. A safeguard is considered reasonable for purposes of this subdivision where the owner, licensee or operator of a covered system implements measures that are consistent with industry standards, not overly burdensome on the system, cost-effective to implement and maintain and are up to date.
Subdivision 4 is a savings clause permitting operators to implement safeguards that allow the covered person themselves (or their agent, employee, or representative) to use the system to generate realistic depictions of themselves — essentially an authorized-use carve-out from the blocking obligation. However, operators who implement such safeguards face the same liability standard as subdivision 2 if those safeguards are not reasonable, using the same industry-standard, cost-effectiveness, and currency factors.
(5) The owner, licensee or operator of a covered system shall be liable to a covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) in an amount of one hundred dollars per depiction, but not more than one hundred thousand dollars in the aggregate, generated on their system by a user other than the covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) or their agent, employee, representative, or another at the direction of them created outside of the period prescribed by this section where such owner, licensee or operator of such covered system fails to implement a reasonable method to prevent the unauthorized creation of realistic depictions of a covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) within the periods prescribed in this section. The owner, licensee or operator of a covered system shall not be liable to a covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) where such owner, licensee or operatorOwner, licensee or operatorThe owner, licensee or operator of a visual or audio generative artificial intelligence system. (Not separately defined; used as the statutory obligated party throughout § 390-f.)Gen. Bus. Law § 390-f(2) is unable to prevent the unauthorized depictions of such covered personCovered person"Covered person" shall mean any person holding a public office or a candidate for public office. In the context of notice, covered person shall include the covered person's agent, employee or representative acting at the direction of the covered person.Gen. Bus. Law § 390-f(1)(c) after implementing a reasonable method, nor shall they be liable for any unauthorized realistic depictions that are incidental or were created in an unforeseeable way.
Subdivision 5 establishes the liability framework: $100 per unauthorized depiction, capped at $100,000 in the aggregate. Liability attaches only where the operator fails to implement a reasonable method within the prescribed 60-day period and an unauthorized depiction is subsequently generated by a user other than the covered person or their authorized agents. Two safe harbors apply: operators are not liable if they implemented a reasonable method but were unable to prevent the depiction, and operators are not liable for incidental or unforeseeable depictions.
(6) This section shall not apply to the owner, licensee or operator of a visual or audio generative artificial intelligence systemVisual or audio generative artificial intelligence system"Visual or audio generative artificial intelligence system" or "covered system" shall mean any artificial intelligence system that is accessible to New York residents whose primary function is to generate visual or auditory media.Gen. Bus. Law § 390-f(1)(a) where the visual or audio outputs of the system are processed by a third party that has no ownership or control over the underlying generative model.
Subdivision 6 exempts operators where the visual or audio outputs of the system are processed by a third party that has no ownership or control over the underlying generative model. This carve-out appears designed to insulate downstream platforms or services that merely transmit, display, or post-process content generated by a system they do not own or control — analogous to a conduit exemption.
This act shall take effect one year after it shall have become a law.
The act takes effect one year after enactment. Because the bill was not enacted, no effective date has been established.