New York Senate Bill 1042

Amends the penal law to criminalize dissemination or publication of digitized intimate images without consent. Defines "digitization" as realistic alteration using images of another person or computer-generated images. Repeals subdivision 2-a of section 245.15.

  • Authority: New York
  • Parent authority: State governments
  • Jurisdiction: United States
  • Collections: U.S. state and local documents
  • Most recent activity: Enacted
  • Most recent activity date: 2023-09-29

Risk subdomain coverage

Good coverage — Comprehensive governance measures or mitigations with clear procedures relating to the risk subdomain are explicitly described.

  • Exposure to toxic content
  • Compromise of privacy
  • Fraud, scams, and targeted manipulation

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the risk subdomain are described.

  • False or misleading information
  • AI possessing dangerous capabilities

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 3-4 subdomains, with strong focus on malicious actors using AI for fraud and manipulation (4.3), privacy compromise through unauthorized image dissemination (2.1), exposure to toxic content including sexual imagery (1.2), and potentially AI system capabilities relating to image generation (7.2). Coverage is concentrated in privacy, malicious use, and content harm domains.

Sector coverage

Minimal coverage — Brief mention but no specific mitigations, recommendations or governance measures relating to the sector are described.

  • Information

All other sectors had no coverage in this document.

Sectors Summary

This criminal law applies broadly across all sectors where individuals might disseminate intimate images, but does not specifically govern AI use within particular industries. It is a general criminal statute applicable to any person regardless of sector.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act from the New York State Senate that amends the penal law with criminal penalties for violations. It uses mandatory language throughout and creates enforceable legal obligations.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: New York State Senate; New York State Assembly
  • Summary: The document is a legislative act proposed and enacted by the New York State Legislature, as indicated by the formal legislative language and structure.

Target

  • Entity Types: Affected_Stakeholder
  • Summary: The law targets any person who disseminates or publishes intimate images without consent, including digitized images. This applies to individuals rather than specific organizational entities.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: New York criminal justice system; New York courts; New York prosecutors
  • Summary: As a criminal statute under the penal law, enforcement would be carried out by the standard criminal justice system including prosecutors and courts, though no specific enforcement body is named in this amendment.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: No specific monitoring body is identified in the document. Monitoring would occur through the general criminal justice system's processes for detecting and prosecuting violations.

AI Lifecycle Stages

Lifecycle stages covered by the documents, as defined in the OECD Framework for the Classification of AI Systems

  • Operate and Monitor

AI Lifecycle Summary

The document does not explicitly address AI lifecycle stages but implicitly relates to the deployment and use of AI systems capable of image generation and manipulation (digitization). The focus is on regulating the output and use of such systems rather than their development process.

Technical Scope

Terms relating to technical scope that are mentioned or implicitly referenced in the document

  • Generative AI

Technical Scope Summary

The document does not explicitly use AI terminology but implicitly covers AI systems through its definition of 'digitization' which includes computer-generated images. It focuses on generative AI capabilities for image creation and manipulation but does not use standard AI taxonomy terms.

https://www.nysenate.gov/legislation/bills/2023/S1042/amendment/A#:~:text=2023%2DS1042A%20(ACTIVE)%20%2D%20Summary,publication%20of%20an%20intimate%20image.
https://agora.eto.tech/instrument/1525
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Document data from AGORA, CSET Emerging Technology Observatory.