WHAT THIS BILL REGULATES · 2 REQUIREMENT TYPES
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)–(9) § 338. Definitions. The following terms, whenever used or referred to in this article, shall have the following meanings: 1. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses 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.Gen. Bus. Law § 338(1)" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses 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. 2. "AccessAccess"Access" means to obtain, retrieve, acquire, reproduce, crawl, index, or request and receive a transmission of content.Gen. Bus. Law § 338(2)" means to obtain, retrieve, acquire, reproduce, crawl, index, or request and receive a transmission of content. 3. "Covered publicationCovered publication"Covered publication" means any print, broadcast, broadcast network or digital publication or service which: a. performs a public-information function comparable to that traditionally served by journalism organizations, such as newspapers, broadcast news operations, broadcast network news operations, magazines and other periodical publications; b. invests substantial expenditure of labor, skill, and money to create, edit, produce, and distribute content including by engaging natural persons to create, edit, produce, and distribute original text, audio, photo, illustrative, or video content concerning matters or topics of interest or use to members of the public through activities such as observation, video recording events, interviews, research, testing, and analysis; and c. publishes new content or updates its content on at least a monthly basis and has a process for error correction and clarification.Gen. Bus. Law § 338(3)" means any print, broadcast, broadcast network or digital publication or service which: a. performs a public-information function comparable to that traditionally served by journalism organizations, such as newspapers, broadcast news operations, broadcast network news operations, magazines and other periodical publications; b. invests substantial expenditure of labor, skill, and money to create, edit, produce, and distribute content including by engaging natural personsPerson"Person" means a natural person, corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity.Gen. Bus. Law § 338(8) to create, edit, produce, and distribute original text, audio, photo, illustrative, or video content concerning matters or topics of interest or use to members of the public through activities such as observation, video recording events, interviews, research, testing, and analysis; and c. publishes new content or updates its content on at least a monthly basis and has a process for error correction and clarification. 4. "CrawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4)" means software that accessesAccess"Access" means to obtain, retrieve, acquire, reproduce, crawl, index, or request and receive a transmission of content.Gen. Bus. Law § 338(2) content from a website or other internet source, such as an online crawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4), spider, fetcher, client, bot, user agent or equivalent tool. 5. "DeveloperDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5)" means a personPerson"Person" means a natural person, corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity.Gen. Bus. Law § 338(8) that designs, codes, produces, or substantially modifies an artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses 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.Gen. Bus. Law § 338(1) system or service for use by members of the public. The term "developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5)" shall not include artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses 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.Gen. Bus. Law § 338(1) systems used, developed or obtained by a journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7) for internal use. 6. "Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6)" means a class of artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses 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.Gen. Bus. Law § 338(1) models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content. 7. "Journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7)" means any personPerson"Person" means a natural person, corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity.Gen. Bus. Law § 338(8) that: a. broadcasts or publishes one or more covered publicationsCovered publication"Covered publication" means any print, broadcast, broadcast network or digital publication or service which: a. performs a public-information function comparable to that traditionally served by journalism organizations, such as newspapers, broadcast news operations, broadcast network news operations, magazines and other periodical publications; b. invests substantial expenditure of labor, skill, and money to create, edit, produce, and distribute content including by engaging natural persons to create, edit, produce, and distribute original text, audio, photo, illustrative, or video content concerning matters or topics of interest or use to members of the public through activities such as observation, video recording events, interviews, research, testing, and analysis; and c. publishes new content or updates its content on at least a monthly basis and has a process for error correction and clarification.Gen. Bus. Law § 338(3); and b. is covered by media liability insurance. 8. "PersonPerson"Person" means a natural person, corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity.Gen. Bus. Law § 338(8)" means a natural personPerson"Person" means a natural person, corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity.Gen. Bus. Law § 338(8), corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity. 9. "Artificial intelligence utilizationArtificial intelligence utilization"Artificial intelligence utilization" means to use digital content as data to develop the capabilities of a generative artificial intelligence system, including through setting or changing its learnable weights and other parameters, and includes, in addition to the initial dataset training, further testing, validating, grounding, or fine tuning by the developer of the artificial intelligence system or service.Gen. Bus. Law § 338(9)" means to use digital content as data to develop the capabilities of a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6) system, including through setting or changing its learnable weights and other parameters, and includes, in addition to the initial dataset training, further testing, validating, grounding, or fine tuning by the developer of the artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments, and that uses 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.Gen. Bus. Law § 338(1) system or service.
Section 338 establishes the bill's definitional framework. Key terms include developer (broadly defined but expressly excluding AI systems used internally by journalism providers), covered publication (any print, broadcast, or digital publication performing a public-information function with substantial content investment and at least monthly publication), journalism provider (a person that publishes a covered publication and carries media liability insurance), and artificial intelligence utilization (encompassing not just initial training but also testing, validating, grounding, and fine-tuning).
The media liability insurance requirement in the journalism provider definition serves as a gatekeeper limiting the enforcement population to established news organizations rather than any entity that publishes content online.
(1)(a) 1 On or before January first, two thousand twenty-seven and before each time thereafter that a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6) system or service, or a substantial modification to a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6) system or service released on or after January first, two thousand twenty-two, is made publicly available to New Yorkers for use, regardless of whether the system or service is made available for a fee, the developer of the system or service shall post on the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5)'s internet website the following information regarding video, audio, text and data from a covered publicationCovered publication"Covered publication" means any print, broadcast, broadcast network or digital publication or service which: a. performs a public-information function comparable to that traditionally served by journalism organizations, such as newspapers, broadcast news operations, broadcast network news operations, magazines and other periodical publications; b. invests substantial expenditure of labor, skill, and money to create, edit, produce, and distribute content including by engaging natural persons to create, edit, produce, and distribute original text, audio, photo, illustrative, or video content concerning matters or topics of interest or use to members of the public through activities such as observation, video recording events, interviews, research, testing, and analysis; and c. publishes new content or updates its content on at least a monthly basis and has a process for error correction and clarification.Gen. Bus. Law § 338(3) used to train the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6) system or service: (i) the uniform resource locators or uniform resource identifiers accessed by crawlersCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) deployed by the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) or by third parties on their behalf or from whom they have obtained video, audio, text or data; (ii) a detailed description of the video, audio, text and data from a covered publicationCovered publication"Covered publication" means any print, broadcast, broadcast network or digital publication or service which: a. performs a public-information function comparable to that traditionally served by journalism organizations, such as newspapers, broadcast news operations, broadcast network news operations, magazines and other periodical publications; b. invests substantial expenditure of labor, skill, and money to create, edit, produce, and distribute content including by engaging natural persons to create, edit, produce, and distribute original text, audio, photo, illustrative, or video content concerning matters or topics of interest or use to members of the public through activities such as observation, video recording events, interviews, research, testing, and analysis; and c. publishes new content or updates its content on at least a monthly basis and has a process for error correction and clarification.Gen. Bus. Law § 338(3) used for artificial intelligence utilizationArtificial intelligence utilization"Artificial intelligence utilization" means to use digital content as data to develop the capabilities of a generative artificial intelligence system, including through setting or changing its learnable weights and other parameters, and includes, in addition to the initial dataset training, further testing, validating, grounding, or fine tuning by the developer of the artificial intelligence system or service.Gen. Bus. Law § 338(9), including the type and provenance of the video, audio, text and data and the means by which it was obtained, sufficient to identify individual works; (iii) whether any source identifiers, terms, or copyright notices were removed from the video, audio, text or data; and (iv) the timeframe of data collection.
(1)(b) 1 The information required to be posted on a developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5)'s internet website pursuant to paragraph a of this subdivision shall not be required where there is an express written agreement authorizing the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) to accessAccess"Access" means to obtain, retrieve, acquire, reproduce, crawl, index, or request and receive a transmission of content.Gen. Bus. Law § 338(2) the journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7)'s content and the parties agree not to post information relating to the journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7)'s content on the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5)'s website.
(2)(a) 2 On or before January first, two thousand twenty-seven, the developer of a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6) system or service who deploys a crawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4), either directly or through a third party, in connection with such system or service shall disclose information regarding the identity of crawlersCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) used by the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) or by third parties on the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5)'s behalf in a manner clearly accessible by a website operator, including but not limited to: (i) the name of the crawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) including the crawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4)'s IP address, and specific identifier actually used by the crawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) when conducting the crawling activity (such as including the identifiers as part of the user agent or other part of the request headers); (ii) the legal entity responsible for the crawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4); (iii) the specific purposes for which each crawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) is used; (iv) the legal entities to which operators provide data scraped by the crawlersCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) they operate; and (v) a single point of contact to enable third parties whose websites are accessed by such crawlersCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) to communicate with the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) and to lodge complaints.
(2)(b) 2 The information disclosed pursuant to paragraph a of this subdivision shall be available on an easily accessible platform and updated at the same time as any change is made to such information.
(2)(c) 3 The exclusion of a crawlerCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) by a website operator shall not negatively impact the findability of the website operator's content in a search engine.
Section 338-a imposes two distinct transparency obligations on developers of generative AI systems. The first requires developers to publicly post detailed training data provenance information — including URLs accessed, descriptions of content used from covered publications, whether source identifiers or copyright notices were removed, and data collection timeframes — on the developer's website before January 1, 2027 and before each subsequent public release or substantial modification of a system released on or after January 1, 2022. This obligation is excused where the developer has an express written agreement with the journalism provider authorizing access and both parties agree not to post the information.
The second obligation requires developers who deploy crawlers to publicly disclose crawler identity information — including names, IP addresses, user-agent strings, responsible legal entities, specific purposes, data recipients, and a single point of contact for complaints — in a manner clearly accessible to website operators. This disclosure must be kept current. Notably, section 338-a(2)(c) prohibits developers from penalizing a website operator's search-engine findability as retaliation for excluding the developer's crawler.
(1)(a) 4 A journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7), or a personPerson"Person" means a natural person, corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity.Gen. Bus. Law § 338(8) authorized to act on a journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7)'s behalf, may request the clerk of the supreme court, or a judge where there is no clerk, to issue a subpoena to a developer of a generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6) system that is made available to New Yorkers for use, regardless of whether the system or service is made available for a fee, for disclosure of copies of, or records sufficient to identify with certainty, the text and data used to train the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6) system or service insofar as such text and data pertains to the journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7)'s internet website, broadcasts, podcasts or other digital platforms, including but not limited to: (i) the uniform resource locators accessed by crawlersCrawler"Crawler" means software that accesses content from a website or other internet source, such as an online crawler, spider, fetcher, client, bot, user agent or equivalent tool.Gen. Bus. Law § 338(4) deployed by developersDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) or by third parties on their behalf or from whom they have obtained text, video, audio or data, and dates and times of collection; and (ii) the text and data used for artificial intelligence utilizationArtificial intelligence utilization"Artificial intelligence utilization" means to use digital content as data to develop the capabilities of a generative artificial intelligence system, including through setting or changing its learnable weights and other parameters, and includes, in addition to the initial dataset training, further testing, validating, grounding, or fine tuning by the developer of the artificial intelligence system or service.Gen. Bus. Law § 338(9), including the type and provenance of the text and data and the means by which such text and data was obtained and when.
(1)(b)–(c) 4 b. A subpoena issued pursuant to paragraph a of this subdivision may require disclosure of the information required pursuant to paragraph a of this subdivision in the native form in which such information was copied and stored (including all accompanying keys, values, tags, and the like, and any other available metadata), subject to entry of a suitable protective order in the case that such information constitutes a trade secret of the generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means a class of artificial intelligence models that emulate the structure and characteristics of input data to generate derived synthetic content, including, but not limited to, images, videos, audio, text, and other digital content.Gen. Bus. Law § 338(6) system developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5). c. The developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) shall provide the subpoenaed information within thirty days of service of the subpoena or, in the case of trade secrets, entry of a suitable protective order. Such subpoena shall be subject to the provisions of article twenty-three of the civil practice law and rules. The court may impose a penalty for failure to respond to such information subpoenas pursuant to section twenty-three hundred eight of the civil practice law and rules.
(2)(a) 5 A journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7) may bring an action in the supreme court for an injunction to compel a developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) to comply with section three hundred thirty-eight-a of this article.
(2)(b) 5 If a developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) fails to comply with a subpoena issued pursuant to subdivision one of this section, the journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7) requesting such subpoena may move in the supreme court to compel compliance. If the court finds that the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) did not comply with the subpoena, the court shall order compliance and may impose statutory damages to the journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7) requesting such subpoena of up to ten thousand dollars.
(2)(c) 5 If the developerDeveloper"Developer" means a person that designs, codes, produces, or substantially modifies an artificial intelligence system or service for use by members of the public. The term "developer" shall not include artificial intelligence systems used, developed or obtained by a journalism provider for internal use.Gen. Bus. Law § 338(5) fails to comply with a court order issued pursuant to paragraph b of this subdivision, then the journalism providerJournalism provider"Journalism provider" means any person that: a. broadcasts or publishes one or more covered publications; and b. is covered by media liability insurance.Gen. Bus. Law § 338(7) may request that the attorney general bring an action on their behalf to ensure compliance with the court order and any statutory damages assessed.
Section 338-b establishes a tiered enforcement mechanism anchored in private litigation by journalism providers. The first tier grants journalism providers the right to request a subpoena from the supreme court clerk compelling developers to disclose training data records pertaining to the journalism provider's content — including URLs accessed, dates and times of collection, and the text and data used for AI utilization. Subpoenas may require disclosure in native format with all metadata, subject to protective orders for trade secrets. Developers must respond within 30 days.
The second tier provides for injunctive relief and escalated enforcement. A journalism provider may bring a direct action for an injunction to compel compliance with the transparency obligations in § 338-a. If a developer fails to comply with a subpoena, the journalism provider may move to compel compliance and the court may impose statutory damages of up to $10,000. If the developer still fails to comply after a court order, the journalism provider may request the attorney general to bring an enforcement action.
The provisions of this article shall not be construed to modify, impair, expand, or in any way alter rights pertaining to Title 17 of the United States Code or the Lanham Act (15 U.S.C. 1051 et seq.).
Section 338-c is a savings clause providing that the article shall not be construed to modify, impair, expand, or alter rights under federal copyright law (Title 17 U.S.C.) or the Lanham Act (15 U.S.C. § 1051 et seq.). This provision is likely intended to preempt arguments that the transparency obligations create implied state-law copyright claims or expand on federal IP rights.
If any provision of this article or the application thereof to any personPerson"Person" means a natural person, corporation, trust, estate, partnership, incorporated or unincorporated association or any other legal entity.Gen. Bus. Law § 338(8) or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable.
Standard severability clause providing that if any provision is held invalid, the remaining provisions remain in effect.