New York S934 (Warnings on Gen AI Systems)

Summary

Amends the general business law to require that owners, licensees, or operators of generative artificial intelligence systems clearly and conspicuously display a notice on the system's user interface indicating that the outputs of the generative AI may be inaccurate.

Defines "generative artificial intelligence system" as AI models that emulate input data to generate synthetic content, including images, videos, and text.

Specifies that an "artificial intelligence" system can make predictions, recommendations, or decisions influencing environments using machine and human inputs, and includes systems using machine learning and natural language processing.

Imposes a civil penalty of up to one thousand dollars for each violation on any owner, licensee, or operator who fails to provide the required notice, with each instance of failing to notify a user considered a separate violation.

Takes effect ninety days after becoming law.

Requires notices on generative AI systems, defined as AI models generating synthetic content from input data.

AN ACT to amend the general business law, in relation to requiring notices on generative artificial intelligence systems

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. The general business law is amended by adding a new section 399-zzzzzz to read as follows: § 399-ZZZZZZ. NOTICES ON GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEMS.

1. AS USED IN THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM" SHALL MEAN A CLASS OF ARTIFICIAL INTELLIGENCE MODELS THAT ARE SELF-SUPERVISED AND 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. (B) "ARTIFICIAL INTELLIGENCE" SHALL MEAN 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. THIS DEFINITION INCLUDES BUT IS NOT LIMITED TO SYSTEMS THAT USE MACHINE LEARNING, LARGE LANGUAGE MODEL, NATURAL LANGUAGE PROCESSING, AND COMPUTER VISION TECHNOLOGIES, INCLUDING GENERATIVE AI.

Requires AI system operators to display notice about potential inaccuracy of generative AI outputs.

2. THE OWNER, LICENSEE OR OPERATOR OF A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM SHALL CLEARLY AND CONSPICUOUSLY DISPLAY A NOTICE ON THE SYSTEM'S USER INTERFACE THAT THE OUTPUTS OF THE GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM MAY BE INACCURATE.

Imposes a civil penalty for failing to provide required notice for generative AI systems.

3. WHERE SUCH OWNER, LICENSEE OR OPERATOR OF A GENERATIVE ARTIFICIAL INTELLIGENCE SYSTEM FAILS TO PROVIDE THE NOTICE REQUIRED IN SUBDIVISION TWO OF THIS SECTION, SUCH OWNER, LICENSEE OR OPERATOR SHALL BE ASSESSED A CIVIL PENALTY UP TO ONE THOUSAND DOLLARS FOR EACH VIOLATION. EACH USER THE OWNER, LICENSEE OR OPERATOR FAILS TO PROVIDE A NOTICE TO SHALL CONSTITUTE A SEPARATE VIOLATION FOR EACH INSTANCE. § 2. This act shall take effect on the ninetieth day after it shall have become a law.