Requires synthetic content creations system providers to include provenance data on synthetic content produced or modified by a synthetic content creations system that such provider makes available.
STATE OF NEW YORK
________________________________________________________________________
6540--C
2025-2026 Regular Sessions
IN ASSEMBLY
March 5, 2025
___________
Introduced by M. of A. BORES, CUNNINGHAM, KELLES, FORREST, CHANDLER-WA-
TERMAN, TORRES -- read once and referred to the Committee on Science
and Technology -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- reported and
referred to the Committee on Codes -- reported and referred to the
Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the general business law, in relation to requiring
synthetic content creations system providers to include provenance
data on synthetic content produced or modified by a synthetic content
creations system that the synthetic content creations system provider
makes available
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 "stop deep-
2 fakes act".
3 § 2. The general business law is amended by adding a new article 45-A
4 to read as follows:
5 ARTICLE 45-A
6 STOP DEEPFAKES ACT
7 Section 1510. Definitions.
8 1511. Synthetic content creations system.
9 1512. Content provenance preservation.
10 1513. Provenance data requirements.
11 1514. Enforcement by attorney general.
12 § 1510. Definitions. For the purposes of this article:
13 1. "Provenance data" means data that records the origin or history of
14 digital content and is communicated as a content credential pursuant to
15 the Technical Specification for Content Credentials published by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07930-12-5
A. 6540--C 2
1 Coalition for Content Provenance and Authenticity, or relevant stand-
2 ards, guidelines or specifications published after the effective date of
3 this article by an established standards setting body, which at a mini-
4 mum includes: (a) information about the origin or creation of the
5 content; (b) subsequent editing or modification to the content or its
6 metadata; and (c) use of a synthetic content creations system in gener-
7 ating or modifying the content. Such information shall be cryptographi-
8 cally bound to the underlying file and use signing credentials. "Prove-
9 nance data" shall not include personal information as defined in
10 subdivision five of section two hundred two of the state technology law,
11 or unique device, system, or service information that is reasonably
12 capable of being associated with a particular user, including but not
13 limited to an internet protocol address, unless a user chooses to
14 include such personal information in such data described in paragraph
15 (a), (b), or (c) of this subdivision.
16 2. "Generative artificial intelligence system" means a class of arti-
17 ficial intelligence models that are self-supervised and emulate the
18 structure and characteristics of input data to generate derived synthet-
19 ic content, including, but not limited to, images, videos, audio, text,
20 and other digital content.
21 3. "Synthetic content" means audio or visual content that has been
22 generated or materially modified by a synthetic content creations
23 system.
24 4. "State agency" shall have the same meaning as defined in subdivi-
25 sion six of section two hundred two of the state technology law.
26 5. "Synthetic content creations system provider" means an organization
27 or individual that creates, codes, substantially modifies, or otherwise
28 produces a synthetic content creations system that is made publicly
29 available for use by a New York resident, regardless of whether the
30 terms of such use include compensation.
31 6. "Synthetic content creations system hosting platform" means an
32 online repository or other website that makes a synthetic content
33 creations system available for use by a New York resident, regardless of
34 whether the terms of such use include compensation. Synthetic content
35 creations system hosting platform does not include cloud computing plat-
36 forms or other services that make synthetic content creations systems
37 available for use by a New York state resident solely at the direction
38 of others.
39 7. "Social media platform" shall have the same meaning as in section
40 eleven hundred of this chapter.
41 8. "Covered operator" shall mean any person, business, or other legal
42 entity, that operates or provides a social media platform.
43 9. "Covered user" shall mean a user of a social media platform in the
44 state, not acting as an operator, or agent or affiliate of the operator
45 of such social media platform or any portion thereof.
46 10. "Artificial intelligence" or "artificial intelligence technology"
47 means a machine-based system that can, for a given set of human-defined
48 objectives, make predictions, recommendations, or decisions influencing
49 real or virtual environments, and that uses machine- and human-based
50 inputs to perceive real and virtual environments, abstract such percep-
51 tions into models through analysis in an automated manner, and use model
52 inference to formulate options for information or action.
53 11. "AI model" means an information system or a component of an infor-
54 mation system that implements artificial intelligence technology and
55 uses computational, statistical, or machine-learning techniques to
56 produce outputs from a given set of inputs.
A. 6540--C 3
1 12. "Synthetic content creations system" means a class of generative
2 artificial intelligence system capable of generating wholly synthetic
3 content. "Synthetic content creations system" shall not include technol-
4 ogies such as red-eye filters or other technologies that are only capa-
5 ble of making changes to existing audio or visual content.
6 § 1511. Synthetic content creations system. 1. A synthetic content
7 creations system provider shall apply provenance data, either directly
8 or through the use of third-party technology, to synthetic content
9 produced or modified by a synthetic content creations system that the
10 synthetic content creations system provider makes available.
11 2. The application of provenance data to synthetic content, as
12 required by this section, shall, at a minimum, identify the digital
13 content as synthetic and communicate the following provenance data:
14 (a) that the content was created or edited using artificial intelli-
15 gence;
16 (b) the name of the synthetic content creations system provider;
17 (c) the time and date the provenance data was applied;
18 (d) the specific portions of the content that the synthetic content
19 creations system generated; and
20 (e) the type of device, system, or service that was used to generate
21 the image, audio, or video.
22 3. Synthetic content creations system hosting platforms shall not make
23 available a synthetic content creations system where the hosting plat-
24 form knows that the synthetic content creations system provider for such
25 system does not apply provenance data to content created or substantial-
26 ly modified by the artificial intelligence system in a manner consistent
27 with specifications set forth in this section, nor shall a synthetic
28 content creations system hosting platform deliberately prevent a
29 synthetic content creations system provider from applying provenance
30 data to content created or substantially modified by a synthetic content
31 creations system in a manner consistent with the specifications set
32 forth above.
33 4. The provisions of this section shall only apply to synthetic
34 content creations systems that were created or modified after the effec-
35 tive date of this article.
36 § 1512. Content provenance preservation. A social media platform shall
37 not delete, disassociate, or degrade, in whole or in part, provenance
38 data from or associated with content uploaded to the social media plat-
39 form by a covered user, unless and until the content is permanently
40 deleted or removed from the social media platform or the deletion,
41 disassociation, or degradation of such content is required by law. Noth-
42 ing in this article shall be construed as banning users from choosing to
43 include personal information in provenance data from or associated with
44 such uploaded content.
45 § 1513. Provenance data requirements. 1. A state agency shall ensure,
46 to the extent practicable either through direct application or through
47 the use of third-party technology, that all audio, images and videos
48 published or distributed electronically by the state agency carry prove-
49 nance data.
50 2. The application of provenance data to audio, images and videos, as
51 required by this article, shall, at a minimum, communicate the following
52 provenance data:
53 (a) The type of device, system, or service that was used to generate
54 the audio, image or video, to the extent the device, system, or service
55 has the technical capability to do so;
A. 6540--C 4
1 (b) The specific portions of the content that the synthetic content
2 creations system used by the state agency generated, if any;
3 (c) Whether the content was created or edited using artificial intel-
4 ligence;
5 (d) The name of the synthetic content creations system provider used
6 to generate the synthetic content, if any; and
7 (e) The time and date any of the provenance data delineated in this
8 section was applied.
9 § 1514. Enforcement by attorney general. In addition to the other
10 remedies provided, whenever there shall be a violation of this article,
11 application may be made by the attorney general in the name of the
12 people of the state of New York to a court or justice having jurisdic-
13 tion by a special proceeding to issue an injunction, and upon notice to
14 the defendant of not less than five days, to enjoin and restrain the
15 continuance of such violations; and if it shall appear to the satisfac-
16 tion of the court or justice that the defendant has, in fact, violated
17 this article, an injunction may be issued by such court or justice,
18 enjoining and restraining any further violation, without requiring proof
19 that any person has, in fact, been injured or damaged thereby. In any
20 such proceeding, the court may make allowances to the attorney general
21 as provided in paragraph six of subdivision (a) of section eighty-three
22 hundred three of the civil practice law and rules. Whenever the court
23 shall determine that a violation of this article has occurred, the court
24 may impose a civil penalty of not more than twenty-five thousand dollars
25 for each violation.
26 § 3. This act shall take effect on the one hundred eightieth day after
27 it shall have become a law.
