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 defines the key terms used throughout the bill. Advanced artificial intelligence system is defined broadly as any digital application or software that autonomously performs functions traditionally requiring human intelligence. Generative or surveillance advanced artificial intelligence systems is a narrower subset, limited to systems capable of generating indistinguishable synthetic media (images, video, audio, or text) or surveilling persons without consent. Operator captures persons who distribute and control development of such systems, with a notable extension: for open-code systems, the hosting platform is deemed the operator.
(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."
(3) 1 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.
Subdivisions 2 and 3 establish the bill's central obligation: every operator of a generative or surveillance AI system accessible to New York residents must require users to create an account and, before account creation, present them with a prescribed sworn oath. The oath must be affirmed under penalty of perjury and commits the user not to use the system to cause injury, promote illegal activity, disseminate harmful content, or spread knowingly false public-interest information. The oath must bear a form notice that false statements are punishable as a class A misdemeanor under Penal Law § 210.45.
This is an unusual regulatory approach — rather than imposing technical safeguards or output restrictions on the AI system itself, the bill creates a user-facing attestation mechanism backed by criminal perjury liability. The oath includes the user's name, address, and county of residence, effectively requiring identity disclosure as a precondition of system access.
(4) 2 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 imposes two distinct obligations on operators. First, operators must submit a copy of each collected oath to the Attorney General within 30 days of the user making the oath, in the form and manner designated by the Attorney General. Second, operators who knowingly fail to submit oaths or knowingly fail to present or collect oaths face a fine of three times the profit derived from the noncompliant user or $3,000, whichever is greater, per oath. The penalty structure ties the fine to user-specific profit, creating a potentially substantial liability for high-value users.
(5) 3 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 except as permitted by the Attorney General. This locks the oath text to the statutory form and gives the Attorney General sole authority to authorize modifications. The effect is to prevent operators from weakening the oath's commitments or appending disclaimers that might dilute its legal force.
(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 protecting users from liability arising from an operator's failure to present, collect, or submit the oath. This ensures that the compliance burden falls entirely on operators — a user who was never presented with the oath has no exposure for the operator's noncompliance.
(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 section, including rules governing the administration of oaths and affirmations by operators. This delegation gives the Attorney General flexibility to define submission formats, digital oath administration procedures, and compliance verification mechanisms.
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.
The act takes effect on the ninetieth day after it becomes law. Rulemaking authority is effective immediately upon enactment, allowing the Attorney General to begin promulgating implementing regulations before the operative date.