New York SB5959 (2020)

Establishes liability for unauthorized use of deceased personalities' digital replicas in advertising or scripted works. Requires consent from specified parties and allows transferring rights posthumously. Regulates digitization of sexually explicit depictions without consent, allowing legal action.

  • 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: 2020-11-30

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
  • Overreliance and unsafe use
  • Economic and cultural devaluation of human effort

All other risk subdomains had no coverage in this document.

Risk Coverage Summary

The document has good coverage of approximately 5-6 subdomains, with strong focus on malicious actors (4.3 fraud and manipulation), privacy compromise (2.1), toxic content (1.2), misinformation (3.1), and human-computer interaction issues (5.1). Coverage is concentrated in protecting individuals from unauthorized AI-generated content depicting them.

Sector coverage

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

  • Information
  • Arts, Entertainment & Recreation

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

  • Agriculture, Mining, Construction & Manufacturing
  • Professional & Technical Services

All other sectors had no coverage in this document.

Sectors Summary

The document primarily governs the Information sector (media, entertainment, advertising) and Arts, Entertainment, and Recreation sector, with specific focus on the use of AI-generated digital replicas in audiovisual works, advertising, and commercial products.

Legislative Status

Hard Law

Legislative Status Summary

This is a binding state legislative act with mandatory obligations, enforcement mechanisms including civil liability, damages, and injunctive relief, and clear legal penalties for non-compliance.

Actors

Proposer

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

Target

  • Entity Types: AI_Developer, AI_Deployer
  • Summary: The act targets any person who uses deceased personalities' digital replicas in advertising or scripted works, or who creates/disseminates sexually explicit AI-generated material without consent.

Enforcer

  • Entity Types: AI_Governance_Actor, Affected_Stakeholder
  • Summary: Enforcement occurs through civil litigation initiated by injured parties, with the Secretary of State maintaining a registry of rights holders.

Monitor

  • Entity Types: AI_Governance_Actor
  • Summary: The Secretary of State is designated to maintain a public registry of successors claiming rights to deceased personalities, providing transparency and monitoring of claims.

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 primarily addresses the Deploy and Operate and Monitor stages of the AI lifecycle, focusing on the use of AI-generated digital replicas and digitized content in commercial and public contexts. It does not address earlier stages like planning, data collection, or model development.

Technical Scope

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

  • Generative AI

Technical Scope Summary

The document explicitly addresses AI-generated content through its definitions of 'digital replica' and 'digitization' as computer-generated performances and depictions. It does not use terms like AI models, AI systems, or specific AI categories, but clearly regulates AI-generated synthetic media.

https://www.nysenate.gov/legislation/bills/2019/S5959
https://agora.eto.tech/instrument/2120
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Document data from AGORA, CSET Emerging Technology Observatory.