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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7904A
SPONSOR: Vanel TITLE OF BILL:
An act to amend the election law, in relation to requiring disclosure of
the use of artificial intelligence in political communications
PURPOSE OR GENERAL IDEA OF BILL:
This bill requires political communications that use artificial intelli-
gence to provide a disclaimer clearly stating "This communication was
generated using artificial intelligence."
SUMMARY OF PROVISIONS:
Section 1 amends the election law to require political communications
that use artificial intelligence to provide a disclaimer clearly print-
ed, stating: "This communication was generated using artificial intelli-
gence." For non-visual communications such as radio or telephone calls,
the communication must verbally disclose: "This communication was gener-
ated using artificial intelligence." Failure to disclose such informa-
tion will result in a penalty equal to the amount expended on such
communication.
Section 2 amends the election law to require the State Board of Elec-
tions-within 120 days of this act passing- to:
1) produce rules and regulations to determine whether political communi-
cation contains an image or video footage created through generative
artificial intelligence; and
2) a definition of content generated by artificial intelligence that
considers current and future uses of artificial intelligence and similar
technologies that have a high risk for use in creating and spreading
misinformation or disinformation about candidates, elections, and issues
of concern to the state of New York.
JUSTIFICATION:
In 2022, a published study conducted by University of Colorado research-
er Harsha Gangadharbatla found that over 75% of survey respondents were
unable to attribute artwork created by Artificial-Intelligence (AI) as
not real. Although AI has many beneficial applications, its use in
creating persuasive messages and images begets concerning possibilities,
which includes misinformation campaigns that can appear indiscernible
from the truth.
AI is a fast-evolving technology that makes it easier to produce
doctored photos, audio and video. It is imperative that the electorate
are able to clearly identify the difference between real content and
artificially-created content within campaigns. The most efficient way to
ensure individuals can make this differentiation would be to provide a
verbal or printed disclaimer for content generated by AI on all poli-
tical communications. This would go a .long way towards gaining the
trust of voters and providing transparency.
PRIOR LEGISLATIVE HISTORY:
New bill
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provisions of section two of this act shall take effect on the 120th day
after it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
7904--A
2023-2024 Regular Sessions
IN ASSEMBLY
July 19, 2023
___________
Introduced by M. of A. VANEL, HYNDMAN, SIMON, JACKSON, ZACCARO, SEPTIMO,
GLICK -- Multi-Sponsored by -- M. of A. LEVENBERG -- read once and
referred to the Committee on Election Law -- recommitted to the
Committee on Election Law in accordance with Assembly Rule 3, sec. 2
-- 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11856-04-4
A. 7904--A 2
1 statement: "This communication was generated using artificial intelli-
2 gence".
3 (d) For political communications that are not visual, such as radio or
4 automated telephone calls, the disclosure required under paragraph (a)
5 of this subdivision shall clearly verbally communicate the following
6 statement: "This communication was generated using artificial intelli-
7 gence".
8 § 2. Section 3-102 of the election law is amended by adding a new
9 subdivision 19 to read as follows:
10 19. issue instructions and promulgate rules and regulations relating
11 to: (a) criteria for determining whether a political communication
12 contains an image or video footage created through generative artificial
13 intelligence; and (b) a definition of content generated by artificial
14 intelligence that considers current and future uses of artificial intel-
15 ligence and similar technologies that have a high risk for use in creat-
16 ing and spreading misinformation or disinformation about candidates,
17 elections, and issues of concern to the state of New York.
18 § 3. This act shall take effect immediately; provided, however, that
19 the provisions of section two of this act shall take effect on the one
20 hundred twentieth day after it shall have become a law.
