Requires disclosure of the use of artificial intelligence in political communications; directs the state board of elections to create criteria for determining whether a political communication contains an image or video footage created through generative artificial intelligence and to create a definition of content generated by artificial intelligence.
STATE OF NEW YORK
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7592--A
2023-2024 Regular Sessions
IN SENATE
July 7, 2023
___________
Introduced by Sen. ASHBY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- recommitted to
the Committee on Elections in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the election law, in relation to requiring disclosure of
the use of artificial intelligence in political communications
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 14-106 of the election law is amended by adding a
2 new subdivision 5 to read as follows:
3 5. (a) Any political communication, regardless of whether such commu-
4 nication is considered a substantial or nominal expenditure, that uses
5 an image or video footage that was generated in whole or in part with
6 the use of artificial intelligence, as defined by the state board of
7 elections, shall be required to disclose that artificial intelligence
8 was used in such communication in accordance with paragraphs (b), (c),
9 and (d) of this subdivision. Any failure to disclose such information
10 shall result in a fine equal to the amount expended on such communi-
11 cation.
12 (b) For printed or digital political communications, including but not
13 limited to brochures, flyers, posters, mailings, or internet advertis-
14 ing, the disclosure required under paragraph (a) of this subdivision
15 shall be printed or typed in an appropriate legible form to read as
16 follows: "This communication was generated using artificial intelli-
17 gence".
18 (c) For non-printed and non-digital political communications, the
19 disclosure required under paragraph (a) of this subdivision shall clear-
20 ly and prominently display and/or verbally communicate the following
21 statement: "This communication was generated using artificial intelli-
22 gence".
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11856-03-4
S. 7592--A 2
1 (d) For political communications that are not visual, such as radio or
2 automated telephone calls, the disclosure required under paragraph (a)
3 of this subdivision shall clearly verbally communicate the following
4 statement: "This communication was generated using artificial intelli-
5 gence".
6 § 2. Section 3-102 of the election law is amended by adding a new
7 subdivision 19 to read as follows:
8 19. issue instructions and promulgate rules and regulations relating
9 to: (a) criteria for determining whether a political communication
10 contains an image or video footage created through generative artificial
11 intelligence; and (b) a definition of content generated by artificial
12 intelligence that considers current and future uses of artificial intel-
13 ligence and similar technologies that have a high risk for use in creat-
14 ing and spreading misinformation or disinformation about candidates,
15 elections, and issues of concern to the state of New York.
16 § 3. This act shall take effect immediately; provided, however, that
17 the provisions of section two of this act shall take effect on the one
18 hundred twentieth day after it shall have become a law.
