New York
AI Policy Overview
New York lawmakers have been very active in debating AI policy since late 2023, but have yet to enact artificial intelligence policies broadly. Lawmakers criminalized the dissemination of deepfakes depicting a person engaged in sexual conduct in 2023. New York included a right of action against non-consensual sexual deepfakes and prohibits political deepfakes without a disclaimer in its 2024 budget law.
In 2024, New York enacted a law (NY AB 9430/SB 7543) that limits the use of AI tools by state agencies. Under the law, government agencies are prohibited from using or procuring automated decision-making systems for functions related to public assistance, that impact civil liberties, safety, or welfare, or affect provided rights. For other uses of automated decision-making systems, government agencies will need to conduct reviews and publish impact assessments.
In 2023, lawmakers passed a bill (NY AB 4969) that would have established a temporary state commission to study and investigate how to regulate artificial intelligence, robotics, and automation. However, Governor Hochul (D) vetoed the bill as part of a sweeping set of vetoes the governor issued in late 2023 on proposed study commissions. Additionally, the Assembly Labor Committee and Committee on Science and Technology held a joint hearing in October 2023 on the impact of AI on the workforce.
Deepfakes
In 2023, New York enacted a law (NY SB 1042A) that makes it a crime to intentionally disseminate or publish a deepfake video or images that depict a person with "one or more intimate parts exposed or engaging in sexual conduct with another person, including an image created or altered by digitization, where such person may reasonably be identified."
In 2024, as part of a broader budget law (NY AB 8808/SB 8308), lawmakers enacted a right of action against non-consensual sexual deepfakes and a prohibition on political deepfakes without a disclaimer. Lawmakers further clarified the political deepfake law with additional legislation in 2024 (NY AB 10402/SB 9678) that clarified that a person who distributes or publishes deepfake political communication must have actual knowledge that it is materially deceptive and that penalties shall not apply for reporting that clearly acknowledges there are questions about the authenticity of the media.
In 2024, as part of a broader law on the fashion industry (NY AB 5631/SB 9832), New York included a digital replica under the definition of “modeling services” and required written consent for the creation or use of a fashion model’s digital replica.
Legislative & Regulatory History
2024 - New York enacted NY AB 9430/SB 7543, which limits the use of AI tools by state agencies and requires conducting and publishing impact assessments.
2024 - New York enacted NY AB 5631/SB 9832, which requires written consent for the creation or use of a fashion model’s digital replica.
2024 - New York enacted NY AB 10402/SB 9678, which makes further clarifications on the political deepfake law enacted earlier that year.
2024 - New York enacted a budget law NY AB 8808/SB 8308, which includes a right of action against non-consensual sexual deepfakes and prohibits political deepfakes without a disclaimer.
2023 - New York enacted NY SB 1042A, which makes it a crime to disseminate a deepfake depicting a person engaged in sexual conduct.