Requires certain political communications to include provenance data for all audios, images or videos used in such communications; provides for the repeal of certain provisions upon the expiration thereof.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8523
SPONSOR: Bores TITLE OF BILL:
An act to amend the election law, in relation to requiring certain poli-
tical communications to include provenance data for all audio, images or
videos used in such communications; and providing for the repeal of
certain provisions upon the expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
To make the audience of political advertisements aware of the use of
artificial intelligence used to generate the advertisements
SUMMARY OF PROVISIONS:
Section one: short title
Section two: definitions and description of the type of political commu-
nications subject to the disclosure requirements
Section three: Establishes the effective date.
JUSTIFICATION:
This legislation aims to address the increasing use of artificial intel-
ligence (Al) in the creation and dissemination of political advertise-
ments. As Al-driven technologies become more advanced, they can produce
highly persuasive content that may not always be clearly distinguishable
from human-generated material. By requiring political advertisements to
disclose key provenance data, the bill seeks to empower voters with the
information necessary to critically assess the integrity and origin of
the content they encounter. This transparency will help prevent manipu-
lation through deceptive or misleading Al-generated materials, ultimate-
ly fostering a more informed electorate.
Moreover, the bill recognizes the need for democratic processes to adapt
to technological advancements without stifling innovation. The bill does
not seek to ban the use of Al in political advertising but rather to
ensure that its use is fully transparent. By mandating the disclosure of
provenance data, the public will have clearer insight into how Al shapes
political discourse, allowing them to better understand the potential
biases or strategic manipulations embedded in Al-driven messages. This
initiative aligns with broader goals of enhancing the integrity of
elections, reducing the risk of disinformation campaigns, and maintain-
ing trust in the democratic system.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundredth eightieth day after it
shall have become a law and subdivision (b) of subdivision 8 of section
14-106 of the election law, as added by section two of this act, shall
expire and be deemed repealed on December 31, 2030.
STATE OF NEW YORK
________________________________________________________________________
8523
2025-2026 Regular Sessions
IN ASSEMBLY
May 20, 2025
___________
Introduced by M. of A. BORES -- read once and referred to the Committee
on Election Law
AN ACT to amend the election law, in relation to requiring certain poli-
tical communications to include provenance data for all audio, images
or videos used in such communications; and providing for the repeal of
certain provisions upon the expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "election
2 content accountability act".
3 § 2. Section 14-106 of the election law is amended by adding a new
4 subdivision 8 to read as follows:
5 8. (a) For purposes of this subdivision:
6 (i) "Provenance data" means data that records the origin or history of
7 digital content and is communicated as a content credential pursuant to
8 the Technical Specification for Content Credentials published by the
9 Coalition for Content Provenance and Authenticity, and which discloses:
10 (1) information about the origin or creation of the content; (2) any
11 subsequent editing or modification to the content or its metadata; and
12 (3) any use of generative artificial intelligence in generating or modi-
13 fying the content. "Provenance data" does not include personal informa-
14 tion as defined in subdivision five of section two hundred two of the
15 state technology law or a unique device, system, or service information
16 that is reasonably capable of being associated with a particular user,
17 including but not limited to an internet protocol address.
18 (ii) "Generative artificial intelligence system" means a class of AI
19 model that is self-supervised and emulates the structure and character-
20 istics of input data in order to generate derived synthetic content,
21 including, but not limited to, images, videos, audio, text, and other
22 digital content.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07928-04-5
A. 8523 2
1 (iii) "Synthetic content" means audio, images or videos that have been
2 produced or significantly modified by a generative artificial intelli-
3 gence system.
4 (iv) "AI model" means an information system or a component of an
5 information system that implements artificial intelligence technology
6 and uses computational, statistical, or machine-learning techniques to
7 produce outputs from a given set of inputs.
8 (v) "Generative artificial intelligence provider" means an organiza-
9 tion or individual that creates, codes, substantially modifies, or
10 otherwise produces a generative artificial intelligence system that is
11 made publicly available for use by a New York resident, regardless of
12 whether the terms of such use include compensation.
13 (b) Commencing with the two thousand thirty election cycle, a campaign
14 for the office of governor, lieutenant governor, attorney general, or
15 comptroller shall apply provenance data, either directly or through the
16 use of third-party technology, to all political communications distrib-
17 uted or published by the campaign that are produced as or include images
18 or videos.
19 (c) The application of provenance data to political communications, as
20 required by this subdivision, shall, at a minimum, communicate the
21 following provenance data:
22 (i) The type of device, system, or service that was used to generate
23 the audio or audios, image or images, and/or video or videos within or
24 comprising the political communication;
25 (ii) The specific portions of the political communication that are
26 synthetic content, if any;
27 (iii) Whether the content was created or edited using artificial
28 intelligence;
29 (iv) The name of the generative artificial intelligence provider used
30 to generate the synthetic content, if any; and
31 (v) The time and date any of the provenance data delineated in this
32 paragraph was applied.
33 (d) If a violation of this section is intentional or is the result of
34 grossly negligent conduct, a penalty shall be assessed by the attorney
35 general of up to one hundred thousand dollars for each violation. If a
36 violation of this section is unintentional or is not the result of
37 grossly negligent conduct, a penalty shall be assessed by the attorney
38 general of up to fifty thousand dollars for each violation.
39 § 3. The attorney general may promulgate such rules and regulations as
40 are necessary to effectuate and enforce the provisions of subdivision 8
41 of section 14-106 of the election law, including identifying acceptable
42 methods, formats, and third party technologies for campaigns for the
43 office of governor, lieutenant governor, attorney general, or comp-
44 troller to use to apply provenance data to political communication
45 pursuant to such subdivision.
46 § 4. This act shall take effect on the one hundred eightieth day after
47 it shall have become a law and paragraphs (b) and (c) of subdivision 8
48 of section 14-106 of the election law, as added by section two of this
49 act, shall expire and be deemed repealed on December 31, 2030.
