New York Assembly Bill A8808A

Enacts the "Artificial Intelligence Deceptive Practices Act." Expands privacy rights against unauthorized use of likenesses through AI. Establishes liability for creating or distributing deceptive AI-altered media, particularly in election contexts. Defines penalties and enforcement mechanisms, including damages and injunctions.

  • 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: 2024-04-20

Risk subdomain coverage

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

  • Compromise of privacy
  • False or misleading information
  • Pollution of information ecosystem
  • Disinformation, surveillance, and influence at scale
  • Fraud, scams, and targeted manipulation

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

  • Overreliance and unsafe use
  • AI possessing dangerous capabilities
  • Lack of transparency or interpretability

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 8-10 subdomains, with strong focus on malicious actors (4.1, 4.3), misinformation (3.1, 3.2), privacy compromise (2.1), and human-computer interaction risks (5.1). Coverage is concentrated in misuse prevention, deceptive AI practices, and protection against AI-generated false content, particularly in election contexts.

Sector coverage

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

  • Information
  • Professional & Technical Services
  • Arts, Entertainment & Recreation
  • Public Administration (excl. National Security)

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

  • Scientific Research & Development Services
  • Educational Services
  • Health Care & Social Assistance

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs activities across Information (media, publishing, telecommunications), Professional and Technical Services (advertising, marketing), and Public Administration (elections). It also has significant implications for Arts, Entertainment, and Recreation sectors where AI-generated content may be used.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding legislative act from the New York State Assembly that amends multiple sections of New York Civil Rights Law, Penal Law, and Election Law with mandatory obligations, criminal penalties, and civil enforcement mechanisms.

Actors

Proposer

  • Entity Types: AI_Governance_Actor
  • Entities: New York State Assembly
  • Summary: This is a New York Assembly Bill (A8808A) proposed by the New York State Legislature, as indicated by the document title and legislative format.

Target

  • Entity Types: AI_Developer, AI_Deployer, AI_User
  • Summary: The act targets any person, firm, association, corporation, campaign, committee, or organization that creates, distributes, or publishes AI-altered media. This includes AI developers who create digitization tools, deployers who use them for various purposes, and users who disseminate such content.

Enforcer

  • Entity Types: AI_Governance_Actor
  • Entities: New York Supreme Court; New York criminal justice system; District Attorneys
  • Summary: The act establishes enforcement through the New York Supreme Court for civil actions and through the criminal justice system for criminal violations. Registered voters and affected candidates can seek injunctive relief through the courts.

Monitor

  • Entity Types: AI_Governance_Actor, Affected_Stakeholder
  • Entities: Registered voters; Political candidates; Depicted individuals
  • Summary: The act empowers registered voters, political candidates, and individuals depicted in AI-altered media to monitor compliance and initiate enforcement actions. These parties can seek court orders and injunctive relief.

AI Lifecycle Stages

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

  • Deploy
  • Operate and Monitor

AI Lifecycle Summary

The document does not focus on specific AI lifecycle stages but rather on the outputs and uses of AI systems after deployment. It primarily addresses the distribution, publication, and dissemination of AI-generated or AI-altered content, which relates most closely to the Deploy and Operate/Monitor stages.

Technical Scope

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

  • AI Systems
  • Generative AI

Technical Scope Summary

The document extensively covers AI systems and AI-generated content through its definition of 'digitization' which encompasses software, machine learning, and artificial intelligence. It does not explicitly mention frontier AI, general purpose AI, foundation models, or compute thresholds. The focus is on generative AI capabilities that create or alter realistic depictions.

https://www.nysenate.gov/legislation/bills/2023/A8808/amendment/A
https://agora.eto.tech/instrument/1765
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Document data from AGORA, CSET Emerging Technology Observatory.