WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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) "Advanced artificial intelligence systemAdvanced artificial intelligence system"Advanced artificial intelligence system" shall mean any digital application or software, whether or not integrated with physical hardware, that autonomously performs functions traditionally requiring human intelligence. This includes, but is not limited to, the ability to learn from and adapt to new data or situations autonomously and perform functions that require cognitive processes such as understanding, learning, or decision-making for each specific task.Gen. Bus. Law § 394-cccc(1)(a)" shall mean any digital application or software, whether or not integrated with physical hardware, that autonomously performs functions traditionally requiring human intelligence. This includes, but is not limited to, the ability to learn from and adapt to new data or situations autonomously and perform functions that require cognitive processes such as understanding, learning, or decision-making for each specific task.
(1)(b) "Generative or surveillance advanced artificial intelligence systemsGenerative or surveillance advanced artificial intelligence systems"Generative or surveillance advanced artificial intelligence systems" shall only include systems which can: (i) generate synthetic images, videos, audio or other synthetic media that exhibit accuracy that is indistinguishable from the source they attempt to replicate; (ii) modify or alter existing images, video, or audio that exhibit accuracy that is indistinguishable from the source they attempt to replicate; (iii) generate synthetic written language that exhibits accuracy that is indistinguishable from the source they attempt to replicate; or (iv) be used as a tool to surveil a person or persons without their consent.Gen. Bus. Law § 394-cccc(1)(b)" shall only include systems which can: (i) generate synthetic images, videos, audio or other synthetic media that exhibit accuracy that is indistinguishable from the source they attempt to replicate; (ii) modify or alter existing images, video, or audio that exhibit accuracy that is indistinguishable from the source they attempt to replicate; (iii) generate synthetic written language that exhibits accuracy that is indistinguishable from the source they attempt to replicate; or (iv) be used as a tool to surveil a person or persons without their consent.
(1)(c) "OperatorOperator"Operator" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence system. Where generative or surveillance advanced artificial intelligence system is open code, the operator shall be deemed the platform or platforms which host the system.Gen. Bus. Law § 394-cccc(1)(c)" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence systemAdvanced artificial intelligence system"Advanced artificial intelligence system" shall mean any digital application or software, whether or not integrated with physical hardware, that autonomously performs functions traditionally requiring human intelligence. This includes, but is not limited to, the ability to learn from and adapt to new data or situations autonomously and perform functions that require cognitive processes such as understanding, learning, or decision-making for each specific task.Gen. Bus. Law § 394-cccc(1)(a). Where generative or surveillance advanced artificial intelligence systemAdvanced artificial intelligence system"Advanced artificial intelligence system" shall mean any digital application or software, whether or not integrated with physical hardware, that autonomously performs functions traditionally requiring human intelligence. This includes, but is not limited to, the ability to learn from and adapt to new data or situations autonomously and perform functions that require cognitive processes such as understanding, learning, or decision-making for each specific task.Gen. Bus. Law § 394-cccc(1)(a) is open codeOpen code"Open code" shall mean software whose code is made available to the public where the public has the ability to use, modify, or distribute the code irrespective of the associated costs to use, modify, or distribute the code, if any, or the underlying license agreement.Gen. Bus. Law § 394-cccc(1)(d), the operatorOperator"Operator" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence system. Where generative or surveillance advanced artificial intelligence system is open code, the operator shall be deemed the platform or platforms which host the system.Gen. Bus. Law § 394-cccc(1)(c) shall be deemed the platform or platforms which host the system.
(1)(d) "Open codeOpen code"Open code" shall mean software whose code is made available to the public where the public has the ability to use, modify, or distribute the code irrespective of the associated costs to use, modify, or distribute the code, if any, or the underlying license agreement.Gen. Bus. Law § 394-cccc(1)(d)" shall mean software whose code is made available to the public where the public has the ability to use, modify, or distribute the code irrespective of the associated costs to use, modify, or distribute the code, if any, or the underlying license agreement.
Subdivision 1 establishes the bill's defined terms. The scope of covered systems is notably narrow: a generative or surveillance advanced AI system must produce outputs indistinguishable from their source — a high threshold that would exclude many current AI tools whose outputs are detectable or imperfect. The Operator definition extends to hosting platforms when the system is open code, effectively treating model hosting platforms as the responsible party for open-source AI systems.
(2) 1 Every operator of a generative or surveillance advanced artificial intelligence systemAdvanced artificial intelligence system"Advanced artificial intelligence system" shall mean any digital application or software, whether or not integrated with physical hardware, that autonomously performs functions traditionally requiring human intelligence. This includes, but is not limited to, the ability to learn from and adapt to new data or situations autonomously and perform functions that require cognitive processes such as understanding, learning, or decision-making for each specific task.Gen. Bus. Law § 394-cccc(1)(a) that is accessible to residents of the state shall require a user to create an account prior to utilizing such service. Prior to each user creating an account, such operatorOperator"Operator" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence system. Where generative or surveillance advanced artificial intelligence system is open code, the operator shall be deemed the platform or platforms which host the system.Gen. Bus. Law § 394-cccc(1)(c) shall present the user with a conspicuous digital or physical document that the user must affirm under penalty of perjury prior to the creation or continued use of such account. Such document shall state the following: "State of New York County of _______ I, ________ residing at ________, do affirm under penalty of perjury that I have not used, am not using, do not intend to use, and will not use the services provided by this advanced artificial intelligence systemAdvanced artificial intelligence system"Advanced artificial intelligence system" shall mean any digital application or software, whether or not integrated with physical hardware, that autonomously performs functions traditionally requiring human intelligence. This includes, but is not limited to, the ability to learn from and adapt to new data or situations autonomously and perform functions that require cognitive processes such as understanding, learning, or decision-making for each specific task.Gen. Bus. Law § 394-cccc(1)(a) in a manner that violated or violates any of the following affirmations: 1. I will not use the platform to create or disseminate content that can foreseeably cause injury to another in violation of applicable laws; 2. I will not use the platform to aid, encourage, or in any way promote any form of illegal activity in violation of applicable laws; 3. I will not use the platform to disseminate content that is defamatory, offensive, harassing, violent, discriminatory, or otherwise harmful in violation of applicable laws; 4. I will not use the platform to create and disseminate content related to an individual, group of individuals, organization, or current, past, or future events that are of the public interest which I know to be false and which I intend to use for the purpose of misleading the public or causing panic."
Subdivision 2 imposes the bill's core operating obligation: every operator of a covered generative or surveillance AI system accessible to New York residents must require users to create an account and, prior to account creation, present them with a prescribed sworn oath of responsible use. The oath must be affirmed under penalty of perjury and contains four affirmations — no injurious content creation, no illegal activity promotion, no dissemination of harmful content, and no knowing creation of false public-interest content intended to mislead or cause panic. The oath text is prescribed verbatim in the statute, including a requirement that the user provide their name, address, and county of residence.
(3) 2 Such statement shall be sworn or subscribed to under oath and bear a form notice that false statements made therein are punishable as a class A misdemeanor pursuant to section 210.45 of the penal law.
Subdivision 3 specifies the formal requirements for the oath: it must be sworn or subscribed under oath and must bear a notice that false statements are punishable as a class A misdemeanor under New York Penal Law § 210.45 (making a punishable false written statement). This elevates the user's attestation from a mere click-through acknowledgment to a legally binding sworn statement with criminal consequences for falsity.
(4) 3 Every operatorOperator"Operator" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence system. Where generative or surveillance advanced artificial intelligence system is open code, the operator shall be deemed the platform or platforms which host the system.Gen. Bus. Law § 394-cccc(1)(c) subject to the provisions of this section shall submit a copy of each oath taken pursuant to subdivision two of this section to the attorney general within thirty days of such user making such oath, in such form and manner as designated by the attorney general. Any operatorOperator"Operator" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence system. Where generative or surveillance advanced artificial intelligence system is open code, the operator shall be deemed the platform or platforms which host the system.Gen. Bus. Law § 394-cccc(1)(c) who knowingly fails to submit such oaths, or knowingly fails to present a user with or collect such oaths, shall be fined three times such amount of profit derived from the user whose oath was not submitted or three thousand dollars, whichever is greater, per oath.
Subdivision 4 creates a dual obligation: operators must transmit each collected oath to the Attorney General within thirty days, in the form and manner the AG designates. It also establishes the penalty for non-compliance: operators who knowingly fail to submit oaths or knowingly fail to present or collect oaths face a fine equal to three times the profit derived from the non-compliant user, or $3,000 per oath, whichever is greater. The knowledge requirement — "knowingly" — means inadvertent omissions are not penalized.
(5) 4 No operatorOperator"Operator" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence system. Where generative or surveillance advanced artificial intelligence system is open code, the operator shall be deemed the platform or platforms which host the system.Gen. Bus. Law § 394-cccc(1)(c) shall be entitled to augment, add or delete any provisions of such oath except as permitted by the attorney general.
Subdivision 5 prohibits operators from augmenting, adding to, or deleting any provisions of the prescribed oath unless permitted by the Attorney General. This ensures uniformity of the oath across all covered platforms and prevents operators from diluting or expanding the statutory language.
(6) This section shall not be construed as imposing any liability on a user for an operatorOperator"Operator" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence system. Where generative or surveillance advanced artificial intelligence system is open code, the operator shall be deemed the platform or platforms which host the system.Gen. Bus. Law § 394-cccc(1)(c)'s failure to present such user with, collect or submit an oath.
Subdivision 6 is a savings clause that protects users from liability for an operator's failure to present, collect, or submit an oath. This ensures the operator bears sole responsibility for compliance with the oath-collection and transmission obligations.
(7) The attorney general shall promulgate all rules and regulations necessary for the implementation of this section, including but not limited to, the administration of oaths and affirmations by operatorsOperator"Operator" shall mean the person or persons, whether natural or otherwise, who distribute and have control over the development of a generative or surveillance advanced artificial intelligence system. Where generative or surveillance advanced artificial intelligence system is open code, the operator shall be deemed the platform or platforms which host the system.Gen. Bus. Law § 394-cccc(1)(c) for the purposes of this section.
Subdivision 7 grants the Attorney General broad rulemaking authority to promulgate rules and regulations necessary for implementing the oath requirement, including administration of oaths and affirmations by operators. This grants the AG discretion to shape the practical mechanics of compliance — including digital oath administration procedures, submission formats, and any future modifications to the oath text.
This act shall take effect on the ninetieth day after it shall have become a law. Effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized to be made and completed on or before such effective date.
Section 2 provides that the act takes effect on the ninetieth day after becoming law, with immediate authorization for rulemaking to begin before the effective date to ensure readiness.